Supreme Court stays NCPCR Child Rights Panel’s order to close government-funded madrasas

The Supreme Court on Monday stayed the National Commission for Protection of Child Rights (NCPCR) recommendation and subsequent actions by the Center and states to shut down government-funded madrassas for allegedly violating the Right to Justice Act on Education (RTE) were not complied with.

The Court also stayed recent orders of the governments of Uttar Pradesh and Tripura suspending the transfer of students from unrecognized madrasas, as well as non-Muslim students studying in government-aided madrasas, to government schools.

The Supreme Court has directed that no action should be taken on the NCPCR notices dated June 7 and June 25 this year.

A plea against the Uttar Pradesh government’s order was filed by Jamiat Ulama-i-Hind, which argued that the directive violated the rights of minorities to establish and manage their own educational institutions. The order in question was based on a letter from the child rights panel, the NCPCR.

A Supreme Court bench, headed by Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra, took note of the plea and issued notices to the Center and all states, seeking responses within four weeks.

The Court further ruled that any subsequent orders from the states will also be stayed until further notice.

Moreover, the Supreme Court granted permission to Jamiat Ulama-i-Hind to include other states, other than Uttar Pradesh and Tripura, as parties to the petition.

The National Commission for Protection of Child Rights (NCPCR) filed an affidavit in the Supreme Court in September against the Allahabad High Court’s decision to strike down the UP Board of Madarsa Education Act, 2004. The committee submitted that the education imparted in madrasas is not comprehensive and violates the Right to Education (RTE) Act, 2009.

In its affidavit, the NCPCR alleged that madrasas are failing to fulfill the fundamental right of children to quality education. “Madrasas do not provide the basic requirements for good education. Children are not only deprived of adequate education but also of a healthy atmosphere and better growth opportunities,” the statement said.

With inputs from PTI