Supreme Court Halts NCPCR's Proposal to Cut Financial Aid to Madrasas; Seeks Government Response

Baby Chakraborty, KalimNews, October 21, 2024, New Delhi  :  In a significant development, the Supreme Court of India has put a temporary hold on a proposal by the National Commission for Protection of Child Rights (NCPCR) that recommended the cessation of financial aid to madrasas across the country. This proposal, which has sparked nationwide debate, was aimed at addressing alleged violations of the Right to Education (RTE) Act by these institutions.

The case was brought before a bench led by Chief Justice DY Chandrachud, alongside Justices Manoj Mishra and JB Pardiwala, on Monday. The bench issued an order restraining the Central and State Governments from acting on the NCPCR’s recommendations, pending further review. The court emphasized that no immediate action should be taken based on the Commission's advice, directing both the central and state governments to submit their responses within four weeks.

The controversy arose after the NCPCR, in a recent 11-page report, recommended the withdrawal of state financial support to madrasas, arguing that these institutions were in violation of the RTE Act. The Commission claimed that madrasas were fostering inequality and failing to provide the democratic and inclusive education that the Act envisions. The report cited several incidents to support its allegations and urged a complete closure of madrasas that do not align with modern education standards.

The governments of Tripura and Uttar Pradesh had already acted on the NCPCR’s recommendations. These states had issued guidelines directing that all students, including non-Muslim pupils attending government-approved and unapproved madrasas, should be enrolled in regular government schools. However, the Supreme Court's stay on Monday halts the implementation of these guidelines, not just in Uttar Pradesh and Tripura, but across all states that might consider similar actions.

The petition against the guidelines was filed by Jamiat-Ulema-e-Hind, a prominent organization representing Islamic scholars. They argued that the government's directive infringed on the rights of minorities to run their own educational institutions, as protected by the Indian Constitution. The petitioners contended that the directive undermines the educational autonomy of madrasas and violates the fundamental right to education of minority communities.

As the Supreme Court now awaits the response from both the central and state governments, the fate of the NCPCR's proposal remains uncertain. The case highlights the delicate balance between ensuring children's right to a modern education and preserving the cultural and educational rights of minority communities. A final decision is expected to have far-reaching implications for the future of madrasas in India.

This case underscores the ongoing debate about the role of religious educational institutions and their place within India's broader educational framework, as well as the extent to which the government can intervene in the functioning of such institutions.