Supreme Court Stays NCPCR Directive on Madrasa Funding in Tripura and Uttar Pradesh

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Posted in Featured, National, Northeast, Tripura
Abhijit Nath, NET Correspondent, Tripura

Agartala, October 21, 2024: In a significant interim order, the Supreme Court on Monday stayed the National Commission for Protection of Child Rights’ (NCPCR) recommendation that urged all states and Union Territories to cease funding for Madrasa Boards. The bench, led by Chief Justice of India D.Y. Chandrachud and including Justices J.B. Pardiwala and Manoj Misra, responded to a plea filed by Jamiat Ulema-i-Hind and issued notices to the Centre, NCPCR, and the states of Uttar Pradesh and Tripura.

The NCPCR’s directive, which raised concerns, advised Chief Secretaries across the country to ensure that non-Muslim children currently studying in madrasas be moved to mainstream schools, in accordance with the Right to Education (RTE) Act of 2009. The plea filed by Jamiat Ulema-i-Hind argued that this directive violated the fundamental rights of minority communities managing these institutions, claiming that the NCPCR had overstepped its legal authority. “Such actions not only lack legal backing but also infringe on the rights guaranteed under Articles 14, 19(1)(g), 21, 25, and 30 of the Constitution,” the petition stated.

In Uttar Pradesh, the Chief Secretary, following NCPCR’s instructions, directed District Magistrates to investigate madrasas admitting non-Muslim children and ensure their transfer to formal schools. Additionally, the order included mapping of unregistered madrasas, further escalating the situation. Similarly, in Tripura, the Director of Elementary Education instructed all District Education Officers to adhere to NCPCR’s directives, prompting madrasas to relocate their students to nearby schools.

The Jamiat’s plea highlighted that these measures disproportionately target the Muslim community’s educational institutions, raising concerns of political motives behind the actions. The case now awaits further examination as the Supreme Court seeks a response from the concerned parties.

The NCPCR, established under the CPCR Act of 2005, is mandated to protect the rights of children across India, though its recent directives have sparked controversy over their implementation and broader social implications.

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