Supreme Court stays child rights panel order to close government-funded madrasas

The Supreme Court on Monday stayed the recommendation of the National Commission for Protection of Child Rights (NCPCR) and subsequent actions taken by the Centre and states to close down government-funded madrasas for allegedly not complying with the Right to Education (RTE) Act.
The Court also stayed recent orders by the Uttar Pradesh and Tripura governments, which directed the transfer of students from unrecognised madrasas, as well as non-Muslim students studying in government-aided madrasas, to government schools.
The Supreme Court ordered the communications of the NCPCR issued on June 7 and June 25 this year should not be acted upon.
A plea challenging the Uttar Pradesh government’s order was filed by Jamiat Ulama-i-Hind, which argued that the directive violated the rights of minorities to establish and manage their own educational institutions. The order in question was based on a letter from the child rights panel, the NCPCR.
A bench of the Supreme Court, led by Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra, took note of the plea and issued notices to the Centre and all states, seeking a response within four weeks.
The Court further ruled that any consequential orders issued by the states shall also remain stayed until further notice.
Additionally, the Supreme Court granted Jamiat Ulama-i-Hind permission to include other states, beyond Uttar Pradesh and Tripura, as parties to the petition.
The National Commission for Protection of Child Rights (NCPCR) filed an affidavit in the Supreme Court in September challenging the Allahabad High Court’s decision to strike down the UP Board of Madarsa Education Act, 2004. The commission argued that the education provided in madrasas is not comprehensive and violates the Right to Education (RTE) Act, 2009.
In its affidavit, NCPCR claimed that madrasas are failing to meet the fundamental right of children to receive a proper education. “Madrasas are not providing the basic requirements for a good education. Children are deprived of not just suitable education, but also a healthy atmosphere and better growth opportunities,” stated the affidavit.