Why are you only concerned about Madrasas? Supreme Court questions child rights panel

The Supreme Court on Tuesday (October 22) raised questions about the National Commission for the Protection of Children's Rights' (NCPCR) stance on the Madrasa education system, asking whether similar standards have been applied to equivalent institutions of other religions. The court, led by a bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, noted the existence of comparable institutions where children from various religious backgrounds receive training for religious studies and priesthood. The bench questioned why the NCPCR's objections appeared to focus solely on Madarsas and whether it maintained an "even-handed" approach toward all religious communities.

The observations were made during a hearing on appeals challenging the Allahabad High Court's decision, which declared the Uttar Pradesh Board of Madarsa Education Act, 2004, unconstitutional. The bench reserved its verdict after the proceedings.

The NCPCR intervened in the case by submitting a report criticizing the Madarsa education system for allegedly not adhering to the Right to Education Act's standards. Justice Pardiwala, however, questioned whether the NCPCR had conducted a thorough review of the Madarsa curriculum. He remarked, "Has NCPCR studied the entire syllabus? What exactly does the syllabus convey regarding religious instruction? It appears that the term 'religious instructions' is being used without a clear understanding, leading to a flawed basis for the arguments presented."

Justice Pardiwala further highlighted the need for clarity in distinguishing between 'religious instructions' as outlined in Article 28 of the Constitution and the general concept of religious education, emphasizing that the medium through which education is imparted plays a crucial role. Citing the Supreme Court's ruling in the Aruna Roy case, he pointed out that the teaching of religion is not constitutionally prohibited, indicating that the issue lies in how religious content is integrated into the educational framework.

The court's remarks suggest a broader evaluation of how religious education is regulated across various faith-based institutions, prompting the NCPCR to justify its focus and methodology in addressing concerns related to Madrasas.

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