Discontinue Madrasa Boards, Stop State Funding To Madrasas, Take Out Non-Muslim Children From Madrasas: NCPCR To All States

The National Commission for Protection of Child Rights (NCPCR) has released a report titled "Guardians of Faith or Oppressors of Rights: Constitutional Rights of Children vs. Madrasas," highlighting concerns about the impact of madrasas on children's education.

The said report has been forwarded to the Chief Sectaries and Administrators of all States and Union Territories by the Chairperson of the Commission Priyank Kanoongo by a letter of October 11. 

The report emphasizes that while religious institutions are protected under Articles 29 and 30 of the Indian Constitution, their exemption from the Right to Education (RTE) Act, 2009, has led to the deprivation of formal education for children attending madrasas.

The NCPCR, which monitors the implementation of child rights laws such as the Juvenile Justice (Care and Protection of Children) Act, 2015, and the RTE Act, 2009, noted that the intention of the RTE Act was to promote equality and inclusive education for all. However, the exclusion of madrasas from its ambit has resulted in children being denied their fundamental right to quality education.

The report consists of 11 chapters and examines the history of madrasas and their role in allegedly violating children's educational rights. It recommends that all state funding to madrasas and madrasa boards be discontinued, and that madrasa boards across all states be closed, pending the outcome of a Supreme Court ruling in an ongoing case concerning the Uttar Pradesh government.

"Merely constituting a board or taking a UDISE code does not mean that the madrasas are following the provisions of the RTE Act, 2009. Therefore, it has been recommended that state funding to the madrasas and madrasa boards be stopped across all states/UTs, and Madrasa Boards should be discontinued and closed down. This is subject to the Judgment of the Hon'ble Supreme Court on SLP (Civil) No. 008541 of 2024 in case of Uttar Pradesh," the letter to the Chief Secretaries and Administrators read. 

Additionally, the NCPCR has called for the removal of all non-Muslim children from madrasas and their enrolment in formal schools. It further suggests that Muslim children attending both recognized and unrecognized madrasas be enrolled in formal schools to receive education in line with the curriculum mandated by the RTE Act.

"It has also been recommended that all non-muslim children be taken out of Madrasas and admitted in schools for receiving fundamental education as per the RTE Act, 2009", the letter said. 

The report stresses the need for state governments to ensure that all children receive formal education in schools as defined under the RTE Act, rather than relying on religious institutions, which may not adhere to the Act’s provisions. The NCPCR's recommendations aim to create a roadmap that ensures all children across the country grow up in a productive and holistic educational environment, enabling them to contribute meaningfully to nation-building.

Key Recommendations of the NCPCR Report:

1. Violation of Child Rights under JJ Act: The NCPCR emphasized that forcing children to profess a religion different from their birth religion violates Section 75 of the Juvenile Justice Act, 2015. The report noted that religious education provided at the expense of formal education under the RTE Act infringes upon the constitutional rights of children, specifically Articles 29(2) and 28(3), which ensure no child is denied access to state-funded education based on religion or forced to participate in religious instruction without parental consent. Since no state or union territory could provide evidence of parental consent for non-Muslim children attending madrasas, the NCPCR recommended that all non-Muslim children be removed from madrasas and enrolled in formal schools as per the RTE Act, 2009.

2. Concurrent Education: The report acknowledged that while both religious and formal education could be provided concurrently, they should not be conducted within the same institution. The NCPCR urged state governments to ensure that children from the Muslim community attending madrasas, whether recognized or unrecognized, receive formal schooling in line with the RTE Act's prescribed curriculum and hours.

3. Stopping State Funding for Madrasas: The NCPCR stressed that state resources should not be used to fund religious instruction that does not align with the RTE Act, as it violates children's rights. It recommended that state funding for madrasas and madrasa boards be halted and that madrasa boards be shut down. This recommendation applies to all states, with the case of Uttar Pradesh subject to a pending Supreme Court decision on SLP (Civil) No. 008541 of 2024. The report highlighted that merely constituting a board or obtaining a UDISE code does not guarantee that madrasas comply with the provisions of the RTE Act, 2009.

4. Concerns over NIOS and Jamiat Ulema-e-Hind MoU: The NCPCR also criticized the Memorandum of Understanding (MoU) signed between the National Institute of Open Schooling (NIOS) and Jamiat Ulema-e-Hind (JUH). It found that the MoU contributed to keeping children out of formal education until Class VIII, despite the state's constitutional obligation to provide free and compulsory elementary education. The NCPCR called on the Ministry of Education (MoE) to examine the role of NIOS in this regard.

Click here to read/download NCPCR's Letter

Click here to read/download NCPCR's Report