New Delhi: The National Commission for Protection of Child Rights (NCPCR), India's apex child rights body, has expressed serious concerns regarding the functioning of madrassas and has called for the cessation of state funding to these institutions unless they adhere to the Right to Education Act (RTE).

In its recent report titled "Guardians of Faith or Oppressors of Rights?", the NCPCR highlighted that religious institutions operating outside the framework of the RTE Act, 2009, have a detrimental effect on children's education. The report argues that exempting madrassas from the RTE Act has deprived children enrolled in these institutions of access to quality education.

While Articles 29 and 30 of the Indian Constitution safeguard the rights of minorities to maintain their culture and establish educational institutions, the NCPCR contends that these provisions have unintentionally led to discrimination against madrassa students, who miss out on the formal education mandated by the RTE Act.

The report underlines that as the primary focus of madrassas is religious education, many do not provide essential elements of formal education, such as adequate infrastructure, trained teachers and a proper academic curriculum. This gap puts students at a disadvantage compared to their peers in mainstream schools.

Also, the report noted instances in which madrassancpcr-madrassa-funding-rte-violations students have been denied basic entitlements, including textbooks, uniforms and access to the midday meal scheme. According to UDISE 2021-22 data, there is a significant number of Muslim children out of school, with an estimated 1.2 crore Muslim children lacking formal education.

The report also raised concerns about accountability in many madrassas, highlighting issues of physical safety, poor infrastructure and reported violations of child rights.

In light of these findings, the NCPCR has proposed several measures, including stopping state funding to madrassas and madrassa boards unless they comply with the RTE Act. The Commission has also recommended that non-Muslim children be removed from madrassas, as their inclusion violates Article 28 of the Constitution, which prohibits imposing religious instruction without parental consent.

The Commission's report advocates for a balanced approach where religious and formal education can coexist, but not within the same institution. "Religious education cannot come at the expense of formal education," the report asserts, stressing that the state must prioritise the fundamental right of every child to free and compulsory education.
 

Agencies