NCPCR Challenges Rejection Of ‘UP Board Of Madarsa Education Act’ In SC

The National Commission for Protection of Child Rights (NCPCR) on Wednesday has filed an affidavit in the Supreme Court challenging the Allahabad High Court’s decision to strike down the ‘UP Board of Madarsa Education Act 2004.’

NCPCR argues that the education provided in Madrasas is not comprehensive, violating the Right to Education Act, 2009.

According to the affidavit, these institutions fail to deliver a well-rounded education, depriving children of a proper learning environment and better growth opportunities.

The affidavit also claims that some Madrasas are offering Islamic religious education to non-Muslim students, which violates Article 28(3) of the Constitution of India. NCPCR asserts that children in these institutions are missing out on essential school curriculum knowledge.

NCPCR further criticizes Madrasas for lacking proper curriculum standards and evaluation methods as required by Section 29 of the Right to Education Act, 2009. It highlights that many children attending Madrasas receive limited mainstream education, with a heavy focus on religious instruction.

Additionally, the commission has received complaints regarding fatwas issued by Darul Uloom Deoband, which runs numerous Madrasas in the country. These fatwas, according to NCPCR, promote hatred and cause unnecessary mental and physical suffering for children.

Earlier, the Supreme Court stayed the Allahabad High Court’s March 22 ruling, which declared the ‘UP Board of Madarsa Education Act 2004’ unconstitutional, stating it violated secularism and fundamental rights. Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra noted that the High Court’s view on secularism may not be correct and that the ruling could impact 17 lakh students.

The bench emphasized that the solution lies in ensuring quality education in Madrasas, not in striking down the Madarsa Act.