The Supreme Court has given two decisions regarding Madrasas on Monday. First- The decision of the central and state governments to close government madrasas was stayed. The National Commission for Protection of Child Rights (NCPCR) made recommendations to the states on June 7 and June 25. The Center supported this and asked the states to take action in this regard.
Second- The court also stayed the orders of the Uttar Pradesh and Tripura governments to transfer students studying in madrassas to government schools. In this, non-Muslim students study in unrecognized madrasas as well as government-aided madrasas.
Chief Justice D.Y. Chandrachud, Justice JB. A bench of Pardiwala and Justice Manoj Mishra was hearing a plea by Jamiat Ulema-e-Hind. The bench has issued notices to the central government, NCPCR and all the states seeking their reply within 4 weeks.
The bench said that this stay is interim. Until a decision is taken in this matter, the state cannot take any action against the madrassas. The bench also allowed the Jamiat Ulema-e-Hind of Uttar Pradesh and Tripura and other states to become parties to the petition.
NCPCR said – Right to Education Act is not being followed in madrasas The National Commission for Protection of Child Rights (NCPCR) said on October 12 that madrassas that do not comply with the 'Right to Education Act 2009' should be de-recognised and investigated. The NCPCR had written to all the states asking that the funds given to madrasas should be stopped. These do not follow Right-to-Education (RTE) rules.
The commission gave this suggestion after preparing a report titled 'Guardians of Faith or Opponents of Rights: Constitutional Rights of Children versus Madrasas'. The panel said, 'Madrassas focus entirely on religious education, due to which children do not get the education they need and they lag behind other children.'
UP-Tripura ordered to act on NCPCR directives On June 26, 2024, following the NCPCR report, the Chief Secretary of Uttar Pradesh asked all District Collectors to inspect all government-aided/accredited madrasas in the state and transfer all madrasa children to schools immediately. A similar notification was issued by the Government of Tripura on August 28, 2024.
On July 10, 2024, the Central Government wrote to all States/UTs to take action as per NCPCR instructions.
Controversy over UP Madrasa Act, SC bans it On April 5, 2024, the Supreme Court stayed the Allahabad High Court's decision declaring the UP Board of Madrasa Education Act 2004 unconstitutional. Along with this, a response was also sought from the central and UP governments. The court said that 17 lakh students will be affected by the High Court's decision. It is not appropriate to instruct students to transfer to another school.
In fact, on March 22, the Lucknow bench of the Allahabad High Court declared the UP Madrasa Act unconstitutional. The court said that this is a violation of the principle of secularism.
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