Madrasas Unsuitable For Proper Education, Have Arbitrary Mode Of Working : NCPCR Tells Supreme Court

The National Commission for Protection of Child Rights (NCPCR) has filed written submissions in the Supreme Court expressing concerns about the quality of education imparted through Madrasas.

The NCPCR filed its statement in the case challenging the Allahabad High Court's decision striking down the 'Uttar Pradesh Board of Madarsa Education Act 2004'. In April, the Supreme Court had stayed the High Court's judgment, saying that the High Court prima facie misconstrued the Act and that the decision would impact nearly 17 lakh students/

Madrasa students deprived of benefits under RTE Act

The Commission stated that since Madrasas are exempted from the purview of the Right To Education Act, 2009, all children studying there are deprived of not only formal education in schools but also benefits as provided under the RTE Act, 2009 such as Midday Meal, uniform, trained teachers etc.

The NCPRC's statement referred to three types of Madrasas : (1) Recognized Madrasas- imparting religious education and may be imparting formal education to some extent which is not as per Right to Education Act, 2009 and is recognized by State Madrasa Board and having a UDISE(Unified District Information System for Education) code;

(2) Unrecognized Madrasas-found ineligible for recognition by the State Government due to reasons such as lack of formal education, non-compliant infrastructure etc; and

(3) Unmapped Madrasas- that have never applied for recognition by the State Government. According to the NCPCR unmapped madrasas are the common type of Madrasas in India, having the largest number of children enrolled."

"Children also attend such institutions that are unrecognized as these are unmapped and number of such institutions is not known. Therefore, whether these institutions provide quality education and the information on the environment these institutions provide to children also remains unknown. Children attending all such institutions (unrecognised and/or unmapped schools) are to be treated as Out of School, even if they provide regular education," the NCPCR stated.

NCPCR contends that most of the Madrasas face several issues in ensuring quality education to the children : (1) they fail to provide a holistic environment to students, including planning social events, or extracurricular activities for 'experiential learning'; (2) children are majorly given religious teachings "with very little participation in the national mainstream education system"; (3) the teachers appointed are by the individual management of Madrasas "failing to uphold the standards laid down under the Schedule of RTE Act (Right To Education Act) stating the Norms and Standards for a school"; (4) Children are devoid of other basic amenities and environment of formal education as prescribed under various provisions of the RTE Act.

"A Madrasa works in an arbitrary manner and runs in an overall violation of the Constitutional mandate, RTE Act and the Juvenile Justice Act, 2015. It cannot be overlooked that a child getting education in such an Institution will be devoid of basic knowledge of school curriculum which is provided in a school. A school is defined under Section 2(n) of the RTE Act, 2009, which means any recognised school imparting elementary education. A Madrasa being out of this definition have no right to compel children or their families to receive Madrasa education. A Madrasa is not only a unsuitable/unfit place to receive 'proper' education but also in absence of entitlements as provided under Section 19, 21,22, 23, 24, 25, and 29 of the RTE Act. Further, Madrasa do not only render an unsatisfactory and insufficient model for education but also have an arbitrary mode of working which is wholly in absence of a standardized curriculum and functioning. Further, due to the absence of provisions of RTE Act, 2009, the Madrasas are also deprived of entitlement as in Section 21 of the Act of 2009 pertaining to School Management Committee due to which Madrasas lack Committee for the purpose of monitoring its working because of which the parents are deprived of information regarding the progress of their children."

It is further argued that the UP Board of Madrasa Education Act as wells as other State Madrasa Board Acts do not comprise provisions requiring standard eligibility of teachers and teaching models as seen in the RTE Act which hampers the quality of education imparted to students in the madrasas.

"The RTE, 2009 under Section 23 to Section 25 lays down the Qualification, Duties and Pupil-Teacher ratio for the teachers, which makes it a comprehensive model for the teachers. Further, it is pertinent to mention here that the fact that these provisions have not been adequately provided in the UP Board of Madrasa Education leaves the children in the hands of unskilled teachers. Further, the RTE Act, 2009, in its Schedule lay down Norms and Standards which gives details about Number of teachers, structure of building, Minimum number of working days, Teacher learning equipment, Library and a provision for co-curricular activities, which are absent in the UPBMEA. This absence not only limits the growth of the child, but also limits the available opportunities which could have given them a good career opportunity"

Case Title : Anjum Kadari and another v. Union of India and others Diary No. 14432-2024, Managers Association Madaris Arabiya UP v. Union of India SLP(C) No. 7821/2024 and connected matters.