scorecardresearch
Friday, March 29, 2024
Support Our Journalism
HomeJudiciaryMadrasas violate students' fundamental rights, impart inadequate education, NCPCR tells Allahabad HC

Madrasas violate students’ fundamental rights, impart inadequate education, NCPCR tells Allahabad HC

Apex child rights body has, through an impleadment application, sought to assist the court in matter regarding use of state funding for religious minority education.

Follow Us :
Text Size:

New Delhi: “Education imparted to children in madrasas is not adequate or comprehensive”, the National Commission for Protection of Child Rights (NCPCR) has said in a strongly worded affidavit filed before the Allahabad High Court in connection with a matter regarding the use of state funding for religious minority education.

The affidavit was filed by NCPCR counsel Swarupama Chaturvedi last week on a writ petition that sought direction on whether imparting religious education using government funds is unconstitutional. In an order passed in March, the Allahabad HC had directed the central and state governments to file their affidavits in the matter.

The child rights body has, through an impleadment application, sought to assist the court in the matter and claimed that education in madrasas is in blatant violation of the law.

The writ petition was filed earlier this year by Azaj Ahmad, a teacher at a madrasa in Uttar Pradesh’s Jaunpur district, who had moved court over a salary dispute.

The NCPCR is India’s apex child rights body, its roles include ensuring implementation of the Right to Education (RTE) Act and the Protection of Children from Sexual Offences (POCSO) Act. The commission in its affidavit stated that madrasa education cannot happen using government funding because it is violative of the students’ fundamental rights, and the curriculum is largely inefficient.


Also Read: From theology to science & maths: How madrasa education system evolved in Assam


‘Arbitrary, unsatisfactory, insufficient’

The NCPCR, in its affidavit, said that it has been noted through numerous complaints that madrasas work in an “arbitrary manner”. This is in violation of the Right to Education and Juvenile Justice Acts, it said.

“It cannot be overlooked that a child getting education in such an institution will be devoid of basic knowledge of a school curriculum which is provided in a school (sic),” read the affidavit.

The rights body further said that since madrasas don’t fall under the definition of a school under the RTE Act, the institutions cannot compel students to receive such education. Moreover, it added, the government cannot facilitate education beyond the RTE Act, which would be a violation of Article 21A (free and compulsory education from 6 to 14 years) of the Constitution. 

“A madrasa is not only an unsuitable/unfit place to receive fundamental education but also in the absence of benefits to children…,” read the NCPCR’s affidavit.

The commission further stated that madrasas remain an “unsatisfactory and insufficient model for education” and have an arbitrary model of curriculum and evaluation, which is violative of the RTE Act.

According to the affidavit, madrasa education does not correspond to the requirements of basic education in India. The curriculum is out of date and requires careful examination, the NCPCR said.

It added that madrasa teachers have failed to uphold quality standards, and that such institutions are not even aware of how to plan social events or extracurriculars which provide students experiential learning. This has created a ‘haywire’ system unlike the extrinsic teacher requirements under the RTE Act, the NCPCR said. “In some cases, it has been observed that teachers don’t even possess the necessary qualifications for teaching children.”

Most madrasas ‘unmapped’

According to the NCPCR, minorities were kept outside the purview of the RTE Act so that they could conserve their language, script, and culture.

However, as a result, such students have been denied their fundamental rights, it said, adding that the RTE, instead of an “enabling tool” has become a “depriving tool” for students studying in such minority institutions.

The RTE Act provides access to a supportive, just, and inclusive environment for students and due to the lack of rules and regulations in such madrasas, it has a significant impact on the rights and welfare of the minority. “The students are also deprived of the facilities, benefits and entitlements, which are provided to students studying in regular schools,” the child rights body said.

The commission also said that it had undertaken a report on the impact of students studying in such minority institutions, where ‘recognised’, ‘unrecognised’, and ‘unmapped’ madrasas were identified.

It found that ‘unmapped madrasas’ — which had never applied for recognition and set their own guidelines and norms — were the most common in India. ‘Unrecognised’ madrasas had not been recognised for a variety of reasons such as inadequate infrastructure, teachers, etc., the NCPCR said.

It also claimed that according to complaints received by the apex body, parents are being pressurised to send their children to such madrasas, which is not permissible. “In addition, such institutes are also providing Islamic religious education to non-Muslims which is in violation of Article 28 (3) of the Constitution of India.”

According to Article 28 (3), anyone attending an educational institution funded by the State shall not be required to take part in any religious instruction or attend any religious worship.

The State has a parens patriae (parent of the nation) role and a duty to provide education in schools, but madrasa education “obstructs” the constitutional mandate, the NCPCR said, adding that it also violates students’ right to equality (Article 14 of the Constitution), as students of other schools are ensured their rights.

The commission further said that madrasa education is in violation of Article 15 (1) of the Constitution, which prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.

(Akshat Jain is a student at the National Law University, Delhi, and an intern with ThePrint)

(Edited by Gitanjali Das)


Also Read: Muslim intellectuals defend madrasas, but their kids don’t go there. Only poor, Pasmandas do


 

Subscribe to our channels on YouTube, Telegram & WhatsApp

Support Our Journalism

India needs fair, non-hyphenated and questioning journalism, packed with on-ground reporting. ThePrint – with exceptional reporters, columnists and editors – is doing just that.

Sustaining this needs support from wonderful readers like you.

Whether you live in India or overseas, you can take a paid subscription by clicking here.

Support Our Journalism

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Most Popular