Religious Education In Madrasas Will Affect Children Rights: Allahabad HC Allows NCPCR Intervention

The Allahabad High Court recently granted the National Commission for Protection of Child Rights (NCPCR) permission to intervene in a case dealing with whether religious education can be provided in government-funded Madrasas.

The High Court sought responses on the issue from the Central and State governments in March 2023. It was hearing a petition from Azaj Ahamad, a teacher at a Madrasa in Jaunpur, Uttar Pradesh, seeking relief from a salary issue.

A single judge Justice Dinesh Kumar Singh appointed Advocate SM Singh Raikwar as amicus curiae to assist the Court in the matter and stated,

“The matter is of wide ramification and some importance and outcome of this case will effect the education system as well as the rights of the children studying in Madrasas.”

In its intervention petition, the NCPCR stated that the education provided to children in Madrasas is insufficient and incomplete.

It claimed that there have been numerous complaints that Madrasas operate in a “arbitrary manner,” which violates the provisions of the Right to Education Act of 2009 and the Juvenile Justice Act.

The Commission also stated that the matter at hand required careful consideration, so it requested permission to assist the court.

Previously, the bench stated that it was undisputed that religious education is taught in Madrasas in addition to the regular curriculum.

As a result, it had requested responses from the Union and State governments within six weeks on the following topics:

• How religious education is imparted on government expense or through funding provided by the Government Exchequer; and
• Whether this could be in violation of Articles 14, 25, 26, 29, and 30 of the Constitution of India.

The matter is scheduled to be heard next on 30^th May, 2023.