The National Commission for Protection of Child Rights (NCPCR) has filed an intervention application before the Allahabad High Court (HC) in a matter pertaining to the issue of religious education being imparted on the government’s expense.
In March, the HC had directed the Central as well as the State governments to file their replies to explain how the funding provided by the government exchequer is being used for religious education and whether this could be in violation of Articles 14, 25, 26, 29, and 30 of the Constitution of India.
In the intervention application filed through Advocates Swarupama Chaturvedi, Saumya Kapoor and Rakshit Raj Singh in the matter of Azaj Ahmad v. State of UP, the commission stated that the matter before the court requires keen consideration and therefore, it seeks to assist the court.
As per the application: “Education imparted to children in madrassas is not adequate/ comprehensive and as such the same is against the provisions of Right to Education Act, 2009 (RTE Act).”
“Such institutes are also providing Islamic religious education to non-Muslims which is further in violation of Article 28 (3) of the Constitution of India,” states the application.
The NCPCR further claims that as the RTE Act is not applicable to minority institutions, the children in madrassas are deprived of the facilities, benefits, and entitlements which are provided to students studying in regular schools.
Moreover, the NCPCR states that a school, as defined under the RTE Act, is any recognized school imparting elementary education and the State cannot facilitate such activity beyond the RTE Act which will be in violation of Article 21A of the Constitution.
“Madrassas being out of this definition have no right to compel children or their families to receive madrassa education. A Madrasa is not only an unsuitable/unfit place to receive ‘fundamental’ education but also they are run in absence of benefits to the children as provided under Sections 19, 21, 22, 23, 24, 25, and 29 of the RTE Act, 2009,” the NCPCR argued.
Further, the application stated that madrasas not only render an unsatisfactory model for education, but also have an arbitrary mode of working in the absence of a curriculum and evaluation procedure as laid down under Section 29 of the RTE Act, 2009.
Moreover, as per NCPCR, many complaints have been received by the commission which alleged that madrassas work in an arbitrary manner and are being run in overall violation of the Constitutional mandate, the Right to Education Act, and the Juvenile Justice Act, 2015.
“On perusal of various complaints received by the NCPCR from different sources, it is noted that children belonging to non-Muslim communities are attending Government funded/Recognized Madrasas and are receiving religious education and instructions,” the NCPCR states.
The NCPCR further states that it has received complaints alleging that the Madrasas Education Council is pressuring parents of Madrasas employees to compel their children to attend Madrasas education. “It is pertinent to highlight that this is a flagrant violation and contravention of Article 28(3) of the Constitution of India which prohibits educational institutions from obligating children to take part in any religious instruction without the consent of parents,” the plea reads.
“It cannot be overlooked that a child getting education in such an institution will be devoid of basic knowledge of school curriculum which is provided in a school,” the NCPCR states.
The NCPCR also raises concern over madrassas functional in India under Darul Uloom Deoband. “They permit corporal punishment to the children studying in Madrasas in India also, whereas inflicting of corporal punishment to children in schools is strictly prohibited under the RTE Act, 2009,” the NCPCR argued.
The high court had sought the governments’ replies in the plea filed by one Azaj Ahamad, a teacher in a madrassa located in Samdaniya Islamia, Shudnipur, District-Jaunpur pertaining to his salary dispute.
Dealing with the issue at hand, court had noted that the concerned madrassa, besides the normal curriculum, was also imparting religious education.
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