On Monday, October 21, the Supreme Court stayed the recommendations of the National Commission for Protection of Child Rights (NCPCR), as well as subsequent actions taken by the Center and various states, to close government-funded madrasas for allegedly failing to comply with the Right to Education (RTE) Act. The Court also stayed the recent directives issued by the governments of Uttar Pradesh and Tripura, which had ordered the transfer of students from unrecognised madrasas and non-Muslim students studying in government-aided madrasas to government-run schools.
A three-judge bench, headed by Chief Justice D.Y. Chandrachud and comprising Justices J.B. Pardiwala and Manoj Misra, issued an interim order, stating that NCPCR’s communications, dated June 7 and June 25 of this year, should not be acted upon. The Court has effectively put a hold on these actions until further consideration.
The Supreme Court’s decision came after Jamiat Ulama-i-Hind filed a plea challenging the Uttar Pradesh government’s order, which was based on a letter from NCPCR. The group argued that the directive violated the constitutional rights of minorities to establish and administer their own educational institutions.
The Court has now sought responses from the Centre and all states within four weeks. It further ruled that any additional orders issued by state governments, in connection with the NCPCR’s recommendations, would also remain stayed until further notice. The Supreme Court also allowed Jamiat Ulama-i-Hind to include other states beyond Uttar Pradesh and Tripura in the petition, expanding the scope of the case.
The NCPCR had earlier filed an affidavit in the Supreme Court in September, challenging the Allahabad High Court’s decision to strike down the Uttar Pradesh Board of Madarsa Education Act, 2004. The Commission argued that the education provided in many madrasas is not comprehensive and violates the RTE Act, 2009. According to NCPCR, children attending madrasas are being deprived of not only quality education but also better growth opportunities and a healthy learning environment.
In its affidavit, the NCPCR asserted that madrasas are failing to meet the basic educational needs of children, which is a violation of their fundamental rights. The Commission has called for reforms to ensure that all children, including those studying in madrasas, have access to formal and quality education in line with the RTE Act. Over recent years, the NCPCR has placed increasing emphasis on the education of madrasa students, highlighting the risks of excluding these children from the formal education system, which can lead to educational deprivation and the violation of their rights.
