NCPCR Criticizes Madrassas for Violating Right to Education Act

New Delhi, September 12, 2024 – The National Commission for Protection of Child Rights (NCPCR) has voiced strong criticisms against madrassas, asserting that they are “unsuitable” for providing children with a “proper education” as mandated by the Right to Education (RTE) Act. In written submissions to the Supreme Court, the NCPCR argued that madrassas fail to deliver comprehensive education and are in violation of several provisions of the RTE Act.According to the NCPCR, the education offered at madrassas, even if supplemented with a few NCERT books, does not constitute formal and quality education. The commission contends that madrassas lack a standardized curriculum and essential entitlements such as midday meals and uniforms, which are guaranteed under the RTE Act.The NCPCR further criticized madrassas for operating in an arbitrary manner and not adhering to a formal educational framework. It emphasized that madrassas are not recognized as schools under Section 2(n) of the RTE Act, which defines a school as any recognized institution providing elementary education.The Supreme Court had previously intervened to stay an Allahabad High Court order that declared the Uttar Pradesh Board of Madarsa Education Act, 2004, unconstitutional. This order had called for the dissolution of the board, citing concerns about secularism and the provision of religious education. The court’s stay provided temporary relief to approximately 1.7 million madrassa students.The high court’s decision, issued on March 22, had invalidated the act on the grounds that it violated the principle of secularism and was ultra vires, meaning beyond the powers of the state to enact. The court had instructed the Uttar Pradesh government to integrate madrassa students into the formal education system.As the Supreme Court reviews these issues, it has issued notices to the Centre and the Uttar Pradesh government, signaling a close examination of the legal and constitutional implications surrounding madrassa education. The NCPCR’s findings and the ongoing judicial review underscore a significant debate about the role and regulation of madrassas in the Indian educational landscape.