Why NCPCR Is Only Concerned With Madrasas? Has It Dealt With Other Community Institutions Equally? Supreme Court Asks
In response to the stand taken by the National Commission for the Protection of Children’s Rights (NCPCR) against the Madrasa education system, the Supreme Court asked the commission whether it has taken a similar stand against the other institutions of other religions as well.
The highest court pointed out whether NCPCR has treated the similar institutions of other communities alike where religious studies and priestly training are held.
A bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra was hearing an appeal against the Allahabad High Court’s judgment which struck down the Uttar Pradesh Board of Madarsa Education Act, 2004.
Read also: Supreme Court Stays NCPCR Directions To Shift Madrasa Students To Govt Schools
The NCPCR has filed a report and raised various objections to the Madarsa system calling it non-compliant with the Right to Education Act.
Justice Pardiwala asked if NCPCR conducted any in-depth study of the Madarsa syllabus. “Has NCPCR studied the entire syllabus? Does that syllabus talk about religious instruction? What is religious instruction? What have you understood? It seems you all are mesmerized by the word ‘religious instructions’ and that’s why you are not getting out of it – the entire basis of this argument- is not on a correct basis”, he said.
He further added that NCPCR has overlooked the difference between the concept of ‘Religious Instructions’ as provided under Article 28 and religious education and the medium of its teaching. Justice Pardiwala referring to the judgment in the Aruna Roy case said that teaching of religion was not prohibited.
While the matter, Chief Justice of India DY Chandrahcud asked, “Has NCPCR banned religious instructions in other communities or not?”
Over NCPCR’s Counsel’s argument the children should not be deprived of their fundamental rights, under Article 21 A, CJI inquired if similar directives were issued for other religious institutions.
On issuing directives by the NCPCR over transferring Madrasa students to govt schools, CJI asked the commission, “Why are you only concerned with Madrasas? We would like to know whether you have dealt with other institutions. We want to know if NCPCR has been even-handed in its treatment of all communities, show us where the directives are issued.”
