Supreme Court Stays NCPCR Recommendations on Madrasa Funding, Details Inside

The Supreme Court has issued a stay on the recommendations made by the National Commission for Protection of Child Rights (NCPCR) that called for halting financial assistance to unrecognized madrasas. This decision provides temporary relief to these religious schools, which had been denied government funding for not adhering to the Right to Education (RTE) Act. The NCPCR's directives had stirred controversy, especially within the minority Muslim community, as it targeted institutions that provide religious education.

Supreme Court's Intervention

A Supreme Court bench comprising Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Mishra intervened in the matter after hearing the petition. The bench stayed the NCPCR’s orders dated June 7 and June 25, which had instructed the state governments of Uttar Pradesh and Tripura to transfer children from unrecognized madrasas to government-run schools. These orders were perceived as an effort to mainstream Muslim children into state education systems, though they were met with resistance from religious and political groups.

Jamiat Ulema-e-Hind challenged NCPCR's recommendations

The stay order followed a legal challenge by Jamiat Ulema-e-Hind, a prominent Muslim organization, which contested the NCPCR's recommendations. The organization argued that the instructions were a violation of the educational rights guaranteed to minority communities under the Constitution. 

Jamiat Ulema-e-Hind’s legal representatives contended that the recommendations would adversely impact the Muslim community by depriving it of financial support for institutions that provide religious education.

The petitioners sought an immediate halt to these measures, stating that the directives not only targeted madrasas but also threatened the broader interests of Muslim children by undermining their access to education tailored to their cultural and religious identity.

NCPCR Report: Key Recommendations

The NCPCR report, which sparked this controversy, recommended that madrasas receive state financial assistance only if they complied with the provisions of the RTE Act. Under the RTE Act, every child between the ages of six and fourteen is entitled to free and compulsory education in state-recognized institutions, which follow a standardized curriculum. The NCPCR argued that religious institutions like madrasas should also meet these criteria if they wish to continue receiving state funding.

NCPCR report triggered a sharp political response

The report triggered a sharp political response, particularly from leaders like Samajwadi Party President Akhilesh Yadav and the Indian Union Muslim League (IUML) in Kerala. Both Yadav and the IUML accused the ruling Bharatiya Janata Party (BJP) government of using education policy to marginalize minority communities, especially Muslims, by attempting to alter the way their children receive education.

Political Controversy and Opposition

Akhilesh Yadav strongly criticized the BJP government's stance, asserting that the administration was selectively targeting minority-run institutions. The issue also ignited protests in several states, with minority leaders calling for a more inclusive approach to education policy.

NCPCR’s Defense and Justification

NCPCR Chairman Priyank Kanungo defended the recommendations, emphasizing that the commission was not seeking the closure of madrasas but rather advocating for a stop to state funding if the institutions did not conform to the RTE Act. Kanungo clarified that the goal was to ensure that poor Muslim children receive a well-rounded education that includes subjects like science and mathematics, alongside religious studies.

Kanungo further argued that some groups were intentionally misinterpreting the NCPCR’s recommendations to stoke fear within the Muslim community. He maintained that the NCPCR’s primary concern was the future of Muslim children and their integration into the broader educational framework, which would empower them and improve their socioeconomic prospects.

Role of Madrasas Under Scrutiny

The NCPCR’s recommendations have also raised questions about the role of madrasas in the Indian education system. Kanungo pointed out that several states, including Gujarat, had already begun transitioning children from madrasas to formal schools. According to Kanungo, over 50,000 children in Gujarat had been admitted to government schools as part of this initiative, which seeks to provide a more standardized and comprehensive education to all students, regardless of their religious background.