Supreme Court Raises Crucial Concerns: Unequal Focus on Madrasas Sparks Debate on Child Rights
On October 22, the Supreme Court questioned the National Commission for the Protection of Children’s Rights (NCPCR) about its selective focus on Madarsa education, inquiring if similar standards are applied to other religious institutions. The court’s bench, led by Chief Justice of India DY Chandrachud along with Justices JB Pardiwala and Manoj Misra, highlighted the existence of comparable religious institutions educating diverse faiths. They expressed concerns over why the NCPCR appears to be singling out Madarsas and mandated an even-handed approach to all religious communities.
The bench’s observations emerged during a hearing on challenges against the Allahabad High Court’s ruling that deemed the Uttar Pradesh Board of Madarsa Education Act, 2004, unconstitutional. After reviewing the appeals, the bench has reserved its verdict.
The NCPCR had injected itself into the case, critiquing Madarsa education for allegedly failing to meet the Right to Education Act’s standards. However, Justice Pardiwala questioned whether the NCPCR performed a comprehensive examination of the Madarsa curriculum. He emphasized the need for clarity, noting the potential misinterpretation of ‘religious instructions’ and highlighting a lack of understanding which may weaken the NCPCR’s arguments.
Justice Pardiwala stressed the importance of discerning ‘religious instructions’ as defined in Article 28 of the Constitution from general religious education concepts, noting that the delivery method is crucial. Citing the Supreme Court’s precedent in the Aruna Roy case, he asserted that teaching religion is not constitutionally barred, but rather the integration of religious content requires a careful approach.
The court’s comments suggest a broader review of religious education governance across faith-based institutions and urge the NCPCR to substantiate its approach and processes regarding concerns with Madarsas.
Original Story https://www.indiatodayne.in/national/story/why-are-you-only-concerned-about-madrasas-supreme-court-questions-child-rights-panel-1109715-2024-10-22?utm_source=rssfeed
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Publish Date: 2024-10-22 21:24:00
