The National Commission for Protection of Child Rights (NCPCR) recently released a set of recommendations in connection with the madarsa education system in India. The main focus of the report is to ensure that all children, including those who attend madarsas, receive a formal and quality education as per the Right to Education Act, 2009. Notably, the NCPCR has raised concerns multiple times over the exclusion of madarsa students from the formal education system. Such exclusions often lead to educational deprivation and violations of their rights.
NCPCR chief Priyank Kanoongo writes to Chief Secretaries/Administrators of all States/UTs regarding the Commission's report 'Guardians of Faith or Oppressors of Rights: Constitutional Rights of Children vs. Madrasas'
— ANI (@ANI) October 12, 2024
The letter reads, "It has been recommended that State funding… pic.twitter.com/b7XWjMAwuf
The Right to Education Act and madarsa exemptions
The Right to Education Act (RTE) was introduced under Article 21A of the Constitution of India in 2009. As per the RTE Act, every child between the ages of 6 and 14 has the right to free and compulsory education. However, in 2012, the Government of India introduced an amendment to the Act that exempted minority institutions, such as madarsas, from its provisions.
The idea behind introducing these exemptions was that such institutes provide religious education. According to Articles 29 and 30 of the Constitution of India, minorities have the right to conserve their culture, language, and scripts. In short, the amendment was introduced to safeguard the rights of minority communities under these Articles. However, because of the amendment, the children studying in these institutes became vulnerable and were denied access to formal schooling.
The RTE Act makes it mandatory to provide each student with essential facilities such as textbooks, libraries, and mid-day meals, as well as an age-appropriate and child-friendly curriculum. However, the exemptions provided to religious institutions under the 2012 amendment to the RTE Act deprived the students of these facilities.
The NCPCR conducted nine years of research to examine the impact of the exemptions introduced in 2012 on the education of children from minority communities. The commission held consultations with stakeholders, including children, teachers, and community leaders. In 2021, the NCPCR published a report based on the study, revealing widespread issues in the madarsa system. The commission found that children who attend madarsas were often deprived of formal education and basic entitlements, including a safe learning environment, proper infrastructure, and high-quality teachers.
#WATCH | NCPCR chief Priyank Kanoongo says, " Commission has released its final report after studying this issue for 9 years. We have found that around 1.25 crore children are deprived of their basic education rights. They are being tutored in such a way that they would work… https://t.co/XZdgB4jOFf pic.twitter.com/eqMgzeQYoI
— ANI (@ANI) October 12, 2024
The report by NCPCR highlighted that many madarsas, especially those operating outside formal government oversight, often do not adhere to basic safety standards and child protection policies. The commission found several cases of child rights violations, including physical punishment, child labour, and inadequate living conditions. The NCPCR noted that these violations have a severe impact on the well-being and future prospects of the children attending these institutions.
Speaking to ANI on reports on madarsa, NCPCR chief Priyank Kanoongo said, “Commission has released its final report after studying this issue for 9 years. We have found that around 1.25 crore children are deprived of their basic education rights. They are being tutored in such a way that they would work according to the motives of certain people, this is wrong. The people who have captured these Madrasas are those who used to say that they wanted to preach Islam across India during India-Pakistan partition. There are Madrasa boards in 7-8 states and we have asked to shut the Madrasa boards because they filed to serve the purpose…donations are being raised for Madrasas. This funding should be stopped and Madrasa Board must be disbanded and the Hindu children who are studying in these Madrasas must be enrolled in Schools.”
NCPCR’s findings
The NCPCR found that the states and UTs have been reluctant to conduct the mapping of madarsa. It is crucial for the state to fulfil its constitutional duty, as per the RTE Act, 2009, and ensure that all children receive formal and quality education. If the state fails to do so, it constitutes a violation of children’s fundamental rights, as it is the state’s responsibility to safeguard their access to formal education that meets the standards set forth by the Constitution and the RTE Act, 2009.
The commission pointed out that since independence and the adoption of the Constitution, state governments have failed to provide formal fundamental education to all children, leaving those from certain communities deprived of this critical right. This failure, the commission said, could be attributed either to the oversight of those responsible or their intention to appease specific sections of society for personal advantage. Interestingly, despite Muslims having served as education ministers for 20 years, only 5.5% of students come from the Muslim community, according to the AISHE report of 2019-20.
The commission noted, “On the other hand, Scheduled Caste students constitute 14.7%, and Scheduled Tribe students constitute 5.6% of the total enrolment, while 37% of students belong to Other Backward Classes. The SC/ST communities have not had the privilege of many education ministers from their own communities. Despite the opportunity of benefiting from reservation under different categories, the representation of the Muslim population in higher education remains low. This can be attributed to the fact that no parallel system of education was ever established for SC/ST communities, whereas children from Muslim communities are being drawn towards madarsas. Both Dr. B.R. Ambedkar and Mahatma Jyotirao Phule were strong advocates for education, particularly for marginalised communities, viewing it as a tool for social upliftment and empowerment. Following their leaders’ ideals, people from these communities recognised the importance of education and pursued formal schooling. This shows that leaders lead the way for society. The SC/ST community embraced education, but the representatives of the Muslim community did not carry forward the teachings of their religion and instead kept children away from their fundamental right to serve their own selfish purposes.”
The commission also pointed out an instance where Maulana Abul Kalam Azad, the first education minister of independent India, delivered a speech in Deoband in 1950. In his speech, he described the academic importance and greatness of Darul Uloom. The commission noted that this idea does not align with the promises made by the Constitution of India.
The report stated, “The first education minister of independent India, Maulana Abul Kalam Azad, was a founding member of the Anjuman-i-Ulama-i-Bangala in 1913, which would later become the Jamiat Ulema-e-Bangala branch of the Jamiat Ulema-e-Hind in 1921. He visited Deoband in A.H. 1370 (1950-1951). Maulana Azad delivered a speech in which, after mentioning the peculiarities of the ideal of life at the Darul Uloom, its academic importance, and his longstanding relations with it, the idea doesn’t seem to match what was promised by the Constitution of India to the children. Before the 86th Amendment in 2002, Article 45 read: ‘The State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years.'”
NCPCR’s Key Recommendations
Withdrawal of non-Muslim children from madarsas
All non-Muslim children attending madarsas without explicit parental consent should be removed and enrolled in formal schools as per the RTE Act, 2009.
The NCPCR’s recommendation read, “Making a child profess a religion different from their birth religion shall amount to a violation of Section 75 of the Juvenile Justice Act, 2015 (JJ Act 2015). Not only are children’s fundamental rights being infringed, but the Juvenile Justice Act, 2015, is also being disregarded. This is sometimes done by institutions that function on State funds. Any provision excluding children from the benefits of the right to education is against the spirit of the Constitutional principles with which the Constitution was adopted by the people for themselves.
It further states, “Article 29(2) of the Constitution states that no citizen shall be denied admission into any educational institution maintained by the State or receiving State aid on grounds of religion, race, caste, language, or any of them. Article 28(3) further states that no person attending an educational institution recognised by the State or receiving aid from State funds shall be required to take part in any religious instruction or attend religious worship conducted in such institutions or premises unless the person, or in the case of a minor, their guardian, has given consent. However, in most cases, States/UTs have failed to provide evidence of parental consent for non-Muslim children attending madarsas imparting Islamic education.”
The NCPCR accordingly recommended, “Therefore, it is recommended that all non-Muslim children be withdrawn from madarsa and enrolled in schools to receive fundamental education as per the RTE Act, 2009.”
Ensure formal education for all children
NCPCR noted that states should ensure that all Muslim children attending madarsa are also enrolled in formal schools and receive education according to the RTE Act’s prescribed time and curriculum.
NCPCR’s recommendation read, “The report reiterates that formal education for all children is a fundamental right, and hence every child is entitled to quality education as per the RTE Act, 2009. States are obligated to provide such schooling, where children up to class 5 attend school for 4 hours and children from classes 6 to 8 attend school for 6 hours. Failure to fulfil this duty is not only against the welfare of the children but also contradicts our constitutional ethos and principles. During the creation of this report, it was observed that both religious and fundamental education can be provided concurrently but not within the same institution.”
The child rights body recommended, “Therefore, States should ensure that all children from the Muslim community attending madarsas, whether recognised or unrecognised, are enrolled in formal schools and receive education as per the prescribed time and curriculum under the RTE Act, 2009.”
Cease State funding for non-compliant madarsas
NCPCR urged that state funding should be stopped for madarsa that do not comply with the RTE Act, and madarsa boards that fail to meet educational standards should be closed down or restructured.
NCPCR’s recommendation read, “State funds should not be spent on any instruction outside the RTE Act, 2009, as this would violate the rights of children. The responsibility of providing religious education lies with the concerned community, for which adequate provisions are made under the Constitution. Without indulging in any form of appeasement, the State should recognise its responsibility as enshrined by the Constitution and the RTE Act, 2009, and allocate resources to ensure children receive formal, quality education. Failing to do so results in a violation of fundamental rights at an institutional level. Moreover, merelyconstituting a board or obtaining a UDISE Code does not indicate that madarsa are complying with the provisions of the RTE Act, 2009. Article 30(2) of the Constitution states that the State shall not, in granting aid to educational institutions, discriminate against any institution based on minority status, whether by religion or language.”
The report added, “Therefore, there is no discrimination against minority groups. However, any funding provided to an institution under the guise of education that hinders the implementation of the RTE Act, 2009, is unconstitutional. Consequently, it is recommended that State funding to madarsa and madarsa boards be stopped across all States/UTs and that madarsa boards be discontinued and closed down (in the case of Uttar Pradesh, subject to the judgment of the Hon’ble Supreme Court on SLP (Civil) No. 008541 of 2024).”
No State funding for religious instruction
In its recommendations on madarsa, NCPCR noted that State funds should not be used for religious instruction, which is the responsibility of the respective community. The State should focus on providing formal education as per constitutional and legal mandates.
NCPCR’s recommendation read, “The misuse of the MoU signed between NIOS and Jamiat Ulema-e-Hind (JUH) has also brought attention to the role of NIOS in the matter. Despite knowing that it is a constitutional obligation of the State to provide free and compulsory elementary education to all children, NIOS signed an MoU with JUH while being aware that these children were not attending formal education in schools up to class VIII. The MoU contributed to keeping these children out of school. Therefore, the Ministry of Education (MoE) may initiate action to examine the role of NIOS in this regard.”
