EXCLUSIVE | Stop govt funds to madarsas in UP, it’s in violation of Right to Education Act: NCPCR pleads in High Court

India’s child rights body National Commission for Protection of Child Rights (NCPCR) has filed a petition in the Lucknow bench of the Allahabad High Court, arguing that government funding to madarsas in Uttar Pradesh be stopped, claiming government funding of madarsas was violative of the fundamental rights of the children of the minority community guaranteed under the Right to Education Act, 2009. The body has approached the court to intervene in an ongoing case that was heard by the HC on March 24, wherein the court had on March 27 directed the Centre and the UP government to file their affidavits in order to explain as to “how on Government expense or funding provided by the Government Exchequer, religious education be imparted and whether this could be in violation of Article 14, 25, 26, 29 and 30 of the Constitution of India.” “It is not in dispute that in Madarsas besides normal curriculum, the religious education is also imparted,” the HC had said. The affidavit filed by NCPCR, which was exclusively seen by Firstpost, has submitted: “… NCPCR in the interest of the children humbly submits that education imparted to children in Madrasas is not adequate/comprehensive and as such the same is against the provisions of Right to Education Act, 2009.” The child rights’ body has argued against the exclusion of minority education institutions from the purview of RTE Act since it “not just deprives the children of their fundamental right to attain literacy and education, but this exclusion/denial of these children also snowballs into depriving the child of their fundamental right to Equality before Law (Article 14)”. “In light of the above, it is submitted that the Act (RTE), instead of enabling tool, becomes a depriving tool for the children in minority educational institutions.” Referring to the numerous complaints that the NCPCR has received over the years, the body has also submitted that “Madrasas work in an arbitrary manner and run in an overall violation of the Constitutional mandate.” NCPCR chairperson Priyank Kanoongo told Firstpost, “The RTE Act clearly defines a school, curriculum etc. The State cannot facilitate such activity beyond the RTE Act which is in violation to Article 21A of the Constitution of India. A Madrasa is not only an unsuitable/unfit place to receive ‘fundamental’ education, but also in absence of benefits to children as provided under Sections 12, 21, 22, 23,24,25, and 29 of the RTE Act, 2009.” “Madrasas not only render an unsatisfactory and insufficient model for education but also have an arbitrary mode of working in the absence of a curriculum and evaluation process as laid down in the RTE Act,” Kanoongo added. “Due to the exemption of all religious and linguistic minorities with students in minority institutions were denied access to their fundamental rights protected by the RTE Act,” Kanoongo said. The NCPCR affidavit asking for assisting the court in hearing the case, the body has relied on the educational practices of Darul Uloom Deoband. Referring to screenshots taken from the institution’s website, the affidavit said: “the screenshots from the website highlighted serious concerns with regard to definite practices pertaining to syllabus, teaching learning materials in schools, sex ratio of the teachers in schools and inclusive education”. The NCPCR, in its affidavit to the HC, has also claimed that it in receipt of several complaints that “children belonging to non-Muslim community are attending Government funded/ Recognised Madrasas and receiving religious education and instruction… in blatant violation of section 75 of the Juvenile Justice Act, 2015.” The NCPCR affidavit has asked the HC for the following: allow the present application and allow the applicant to intervene in the ongoing writ petition; pass an order to enroll children studying in madrasa into schools. Read all the Latest News, Trending News,  Cricket News, Bollywood News, India News and Entertainment News here. Follow us on Facebook, Twitter and Instagram.