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Supreme Court stays NCPCR's recommendations to stop state funding for Madrassas over RTE compliance issues

The Supreme Court has stayed the NCPCR's recommendation to stop state funding to Madrassas and Madrassa boards for failing to comply with the Right to Education Act.

Edited By: Vaidehi Jahagirdar New Delhi Updated on: October 21, 2024 15:09 IST
Supreme Court of India
Image Source : PTI (FILE IMAGE) Supreme Court of India

In a significant development, the Supreme Court of India on Monday (October 21) has put a stay on the recommendations made by the National Commission for Protection of Child Rights (NCPCR) to halt state funding to Madrassas and Madrassa boards over non-compliance with the Right to Education (RTE) Act. The NCPCR in its recommendation had also proposed that children attending Madrassas be enrolled in formal schools. 

Earlier, the apex child rights body, the National Commission for Protection of Child Rights (NCPCR), has raised concerns about the functioning of madrassas and called on the state to stop funding them unless they comply with the Right to Education Act.

In its latest report titled 'Guardians of Faith or Oppressors of Rights?', the NCPCR said religious institutions operating outside the purview of the Right to Education (RTE) Act, 2009 had a negative impact. As per the report, the exemption of madrassas from the RTE Act has deprived the students in these institutions of quality education.

Article 29,30 adversely affected Muslim children

Emphasising that Articles 29 and 30 of the Indian Constitution, which protect the rights of minorities to preserve their culture and establish educational institutions, NCPCR asserted that these provisions have inadvertently led to discrimination against children in madrassas as they miss out on formal education mandated by the RTE Act.

The report noted that the primary focus of madrassas is religious education and many do not provide the essential components of formal education such as adequate infrastructure, trained teachers, and a proper academic curriculum.

This leaves students at a disadvantage compared to their peers in mainstream schools, asserted the NCPCR report. The report also highlighted instances where madrassa students have been denied basic entitlements such as uniforms, textbooks and access to midday meal schemes. Based on UDISE 2021-22 data, the NCPCR said a large number of Muslim children are out of school, with an estimated 1.2 crore Muslim children not receiving formal education.

(With inputs from PTI)

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