Madrassas violate fundamental right to education, promote 'supremacy of Islam': NCPCR to SC

The National Commission for Protection of Child Rights (NCPCR) making a critical observation against the madrasa education system in its submissions before the Supreme Court, asserted that these institutions violate children’s fundamental right to education and are operating in breach of the constitutional mandates and the Right to Education (RTE) Act.

NCPCR made the observation while filing an affidavit in the apex court on a plea challenging Allahabad High Court's March 22 judgment striking down 'UP Board of Madarsa Education Act 2004'. The top child rights body reasoned that the education imparted to children in Madrasa is not comprehensive, and is therefore against the provisions of Right to Education Act, 2009.

NCPCR also expressed concerns over the content of some madrasa textbooks, particularly those promoting “supremacy of Islam”, even as several non-Muslim children were also enrolled in madrasas in the states of Bihar, Madhya Pradesh, West Bengal, Uttar Pradesh and Uttarakhand. Importantly, the submission also states that the Taliban’s ideologies have been shaped by the teachings of the Darul Uloom Deoband Madrasa in Uttar Pradesh.

Although madrasas are exempt from the provisions of the RTE Act, the NCPCR pointed out that children studying in these institutions are still entitled to the right to education under Article 21A of the Constitution.  The commission emphasized that this right has never been waived in any judicial decision or constitutional interpretation, adding that depriving children in madrasas of formal education undermines their fundamental right to equality before the law.