{"id":157954,"date":"2024-10-21T07:18:44","date_gmt":"2024-10-21T07:18:44","guid":{"rendered":"https:\/\/news.talkwithrattan.com\/index.php\/2024\/10\/21\/madrassas-row-supreme-court-puts-a-stay-on-up-tripura-governments-decision-to-shift-students-to-public-schools\/"},"modified":"2024-10-21T07:18:44","modified_gmt":"2024-10-21T07:18:44","slug":"madrassas-row-supreme-court-puts-a-stay-on-up-tripura-governments-decision-to-shift-students-to-public-schools","status":"publish","type":"post","link":"https:\/\/news.talkwithrattan.com\/index.php\/2024\/10\/21\/madrassas-row-supreme-court-puts-a-stay-on-up-tripura-governments-decision-to-shift-students-to-public-schools\/","title":{"rendered":"Madrassas row: Supreme Court puts a stay on UP, Tripura governments’ decision to shift students to public schools"},"content":{"rendered":"
\"Madrassas<\/div>\n
On Monday, the Supreme Court<\/a> issued a stay on the communications from the National Commission for Protection of Child Rights<\/a> (NCPCR<\/a>) that urged states to transfer students from unrecognized madrassas to government schools<\/a>.<\/p>\n

A bench led by Chief Justice D Y Chandrachud, alongside Justices JB Pardiwala and Manoj Misra, considered arguments presented by senior advocate representing the Muslim organization Jamiat Ulema-i-Hind<\/a>. The advocate contended that the NCPCR’s communications and subsequent actions taken by certain states warranted a stay.<\/p>\n

The Jamiat Ulema-i-Hind has challenged directives from the governments of Uttar Pradesh<\/a> and Tripura<\/a> that mandated the relocation of students from unrecognized madrassas to public schools.<\/p>\n

In its ruling, the Supreme Court specified that the NCPCR’s communications issued on June 7 and June 25 of this year should not be implemented. The court also indicated that any related orders from the states would similarly remain on hold.<\/p>\n

Furthermore, the court allowed the Muslim organisation to include additional states, beyond Uttar Pradesh and Tripura, as parties to its petition.<\/p>\n


In September, the National Commission for Protection of Child Rights (NCPCR) expressed worries regarding the adequacy of madrassas as educational institutions, claiming they fail to provide a comprehensive education. The child rights body informed the Supreme Court that the education offered in madrassas does not comply with the Right to Education (RTE) Act, thereby denying children essential educational rights.<\/p>\n

What is NCPCR’s argument?<\/h2>\n

The NCPCR contended that madrassas, which utilize a limited selection of National Council of Educational Research and Training (NCERT) textbooks, do not guarantee a formal and high-quality education for their students. <\/p>\n

It also highlighted that children enrolled in madrassas miss out on important entitlements, such as midday meals, uniforms, and other fundamental rights mandated by the RTE Act.<\/p>\n

“A madrassa is not only an unsuitable place to receive ‘proper’ education but also, in the absence of entitlements as provided under Sections 19, 21, 22, 23, 24, 25, and 29 of the RTE Act, it falls short,” the NCPCR stated in its submission.<\/p>\n

‘Madrassas failing to meet educational standards’<\/h4>\n

The NCPCR had criticised the operational methods of madrassas, labeling their educational model as unsatisfactory. It emphasised that madrassas lack a standardised curriculum and function arbitrarily, failing to meet the educational requirements outlined by law.<\/p>\n

“A madrassa works in an arbitrary manner and runs in an overall violation of the Constitutional mandate, the RTE Act, and the Juvenile Justice Act, 2015,” the NCPCR remarked, adding that children attending these institutions are deprived of basic academic knowledge available in RTE-recognized schools.<\/p>\n

Supreme Court strikes down Allahabad HC ruling<\/h4>\n

In September, the Supreme Court granted relief to approximately 1.7 million madrassa students<\/a> in Uttar Pradesh by staying an order from the Allahabad High Court, which had declared the Uttar Pradesh Board of Madarsa Education Act, 2004, unconstitutional. <\/p>\n

The High Court’s decision was based on its finding that the Act violated the principle of secularism by permitting religious education within a formal educational framework.<\/p>\n

A three-judge bench, led by Chief Justice D Y Chandrachud, indicated that the issues raised warranted further examination and issued notices to the Centre, the Uttar Pradesh government, and other relevant parties. <\/p>\n

The Supreme Court observed that the High Court may have “prima facie” misinterpreted the Act\u2019s provisions, which it argued do not explicitly endorse religious instruction.<\/p>\n

The legal battle that ensued<\/h4>\n

The High Court had previously ruled that the state government lacks the authority to create a board for religious education or to manage an educational system focused solely on a particular religion. <\/p>\n

It stated that the Uttar Pradesh Madarsa Education Act violated the principle of secularism, a fundamental aspect of India’s Constitution.<\/p>\n

“We hold that the Madarsa Act, 2004, is violative of the principle of secularism, which is a part of the basic structure of the Constitution,” the High Court remarked. <\/p>\n

This ruling prompted the state government to explore alternatives for integrating madrassa students into formal schools.<\/p>\n

The petitioner, advocate Anshuman Singh Rathore, had challenged the constitutionality of the Uttar Pradesh Madarsa Board, raising concerns over the management of madrassas by the Minority Welfare Department rather than the education department.<\/p>\n

The ongoing legal proceedings continue to spotlight critical issues regarding the role of religious institutions in India’s educational landscape and the rights of children to access quality and inclusive education.
<\/p>\n<\/div>\n


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On Monday, the Supreme Court issued a stay on the communications from the National Commission for Protection of Child Rights (NCPCR) that urged states to transfer students from unrecognized madrassas to government schools. A bench led by Chief Justice D Y Chandrachud, alongside Justices JB Pardiwala and Manoj Misra, considered arguments presented by senior advocate […]<\/p>\n","protected":false},"author":2,"featured_media":157955,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"tdm_status":"","tdm_grid_status":"","fifu_image_url":"https:\/\/img.etimg.com\/photo\/msid-114417412,imgsize-141324.cms","fifu_image_alt":"","footnotes":""},"categories":[602],"tags":[44411,1625,2684,47655,12097,123619,123621,92369,57778,3560,4357,371,10387,5516,125,123620,3928,1624,1617,5012,123618,4229],"amp_enabled":true,"_links":{"self":[{"href":"https:\/\/news.talkwithrattan.com\/index.php\/wp-json\/wp\/v2\/posts\/157954"}],"collection":[{"href":"https:\/\/news.talkwithrattan.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/news.talkwithrattan.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/news.talkwithrattan.com\/index.php\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/news.talkwithrattan.com\/index.php\/wp-json\/wp\/v2\/comments?post=157954"}],"version-history":[{"count":1,"href":"https:\/\/news.talkwithrattan.com\/index.php\/wp-json\/wp\/v2\/posts\/157954\/revisions"}],"predecessor-version":[{"id":157956,"href":"https:\/\/news.talkwithrattan.com\/index.php\/wp-json\/wp\/v2\/posts\/157954\/revisions\/157956"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/news.talkwithrattan.com\/index.php\/wp-json\/wp\/v2\/media\/157955"}],"wp:attachment":[{"href":"https:\/\/news.talkwithrattan.com\/index.php\/wp-json\/wp\/v2\/media?parent=157954"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/news.talkwithrattan.com\/index.php\/wp-json\/wp\/v2\/categories?post=157954"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/news.talkwithrattan.com\/index.php\/wp-json\/wp\/v2\/tags?post=157954"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}