The Supreme Court has stayed the National Commission for Protection of Child Rights (NCPCR) recommendations that proposed shutting down government-aided madrasas not compliant with the Right to Education (RTE) Act.
- This stay also applies to any directions issued by the central and state governments.
Background of the Case
- A petition was filed by a religious organisation arguing that the NCPCR recommendations violated the constitutional rights of minorities under Article 30, which guarantees their right to establish and administer educational institutions.
- The petition stated that there was no legal basis for the NCPCR’s recommendations and that it disregarded constitutional protections for madrasas.
- Interim order was passed by a three-judge bench presided by Chief Justice of India D Y Chandrachud hearing a plea by Jamiat Ulama-i-Hind.
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National Commission for Protection of Child Rights
- The NCPCR is an Indian statutory body established under the Commissions for Protection of Child Rights (CPCR) Act, 2005.
Composition of NCPCR
- Chairperson: Appointed by the President of India on the recommendation of a selection committee.
- Members: Six members, including at least two women, appointed by the Central Government based on their knowledge and experience in child-related fields.
- Associations of NCPCR:
- Ministry of Women and Child Development: The NCPCR works under the aegis of this ministry, ensuring alignment with government policies and initiatives.
- State Commissions for Protection of Child Rights (SCPCRs): The NCPCR coordinates with these state-level commissions to ensure consistent implementation of child rights standards across the country.
- NGOs and Civil Society Organizations: The NCPCR collaborates with these organisations to promote child rights awareness and advocate for the protection of children’s interests.
- International Organisations: The NCPCR engages with international organisations such as UNICEF, the UN Committee on the Rights of the Child, and the South Asian Child Rights Network to exchange knowledge and best practices.
Function of NCPCR
- Its primary function is to ensure that all laws, policies, programs, and administrative mechanisms are in consonance with the child rights perspective as enshrined in the Constitution of India and the UN Convention on the Rights of the Child.
- Overall,the NCPCR plays a crucial role in safeguarding and promoting child rights in India by providing oversight, monitoring, and advocacy
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NCPCR Recommendations
- NCPCR recommended a review of government-aided madrasas that admit non-Muslim children.
- NCPCR asked the Ministry of Education to inspect all madrasas and withdraw recognition from those not complying with the RTE Act.
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Legal Provision Under Right to Education
- Right to Education under Article 21A (86th Amendment): Describes modalities of the importance of free and compulsory education for children aged between 6-14 years in India
- Act mandates 25% reservation for disadvantaged sections of the society where disadvantaged groups include:
- SCs and STs
- Socially Backward Class
- Differently abled
- RTE was amended to add in Sections 1(4) and 1(5) of the Act.
- Section 1(5) of the RTE Act: Nothing contained in this Act shall apply to madrasas, Vedic pathshalas and educational institutions primarily imparting religious instruction.
- Section 1(4) of the RTE : “Subject to the provisions of Articles 29 and 30 of the Constitution, the provisions of this Act shall apply to conferment of rights on children to free and compulsory education.
- Article 29 and 30 : Contain provisions securing rights of minorities and minority-run institutions.
- Minority institutions have the fundamental right to establish and administer their educational institutions according to their choice.
October 22, 2024
