On Monday, the Supreme Court issued an interim order, suspending a controversial recommendation from the National Commission for Protection of Child Rights (NCPCR) that called for all states and Union Territories to halt funding for Madrasa Boards.
A bench led by Chief Justice DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, decided to review a petition filed by Jamiat Ulema-i-Hind.
The court has also directed the Centre, NCPCR, and the states of Uttar Pradesh and Tripura to respond to the notice.
The NCPCR’s directive suggested that non-Muslim children currently enrolled in madrasas should transfer to mainstream schools to align with the provisions of the Right to Education (RTE) Act of 2009.
This recommendation raised concerns about the potential impact on the educational rights of minority communities operating these institutions.
In its petition, submitted by advocate Fuzail Ahmad Ayyubi, the Jamiat Ulema-i-Hind argued that the NCPCR’s actions represent a pervasive state action that infringes upon the fundamental rights of minorities.
The petition further contended that there is no legal authority for such sweeping directives, particularly from the NCPCR, which should not engage in broad mandates affecting educational institutions.
The petition further highlighted a letter from the Chief Secretary of Uttar Pradesh, instructing District Magistrates to thoroughly investigate all government-funded or recognized madrasas that admit non-Muslim children.
This included directives to transfer these children to formal schools and conduct a mapping of unrecognized madrasas to facilitate student admissions.
NCPCR Directives Mandate Student Transfers From Madrasas To Schools In Tripura
Similarly, in Tripura, the Director of Elementary Education issued directives to District Education Officers, mandating compliance with the NCPCR’s instructions, resulting in letters sent to madrasas requiring the transfer of students to nearby schools.
The petition stated, “The impugned action, discriminatory and unconstitutional as it is, has been passed without any reasons, is whimsical in nature, and selectively targets institutions of traditional pedagogy run by a single minority community, being guided by political motives, and thus warrants interference by this Hon’ble Court, being in violation of Articles 14, 19(1)(g), 21, 25, 26(a), and 30(1) of the Constitution.”
The NCPCR, established under the Commission for Protection of Child Rights (CPCR) Act of 2005, protects children’s rights across the nation.
The Supreme Court’s decision to review the NCPCR’s recommendation underscores the ongoing debate regarding educational rights and the treatment of minority institutions in India.
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