The Supreme Court on Tuesday (October 22, 2024) asked the National Commission for Protection of Child Rights (NCPCR) why it is concerned only about madrassas? Chief Justice DY Chandrachud questioned whether the NCPCR had adopted the same approach for institutions of other religions. Earlier, the Child Rights Commission had said that students of madrassas will not be able to study medical and engineering.
Justice JB Pardiwala and Justice Manoj Mishra were also hearing the hearing along with CJI Chandrachud. The bench made this comment while reserving its decision on the petitions challenging the decision of Allahabad High Court. The High Court had declared the 2004 Uttar Pradesh law related to Madarsa as unconstitutional on the grounds that it violates the principles of secularism.
Senior advocate Swaroopama Chaturvedi, appearing for NCPCR, said that madrassas cannot be seen as an alternative to mainstream education. Apart from this, Madrasa students will not get the opportunity to make career in navy, medicine, engineering and other professional fields.
The Chief Justice asked, ‘Has the NCPCR issued any direction to all communities that you should not send children to your religious institutions unless they are taught secular subjects?’ The child rights body said that it has no objection if madrasa education is complementary to school education, but NCPCR’s lawyer said that this cannot be an option. NCPCR has filed a report on the shortcomings of the madrassa system and written to states to inspect them.
The bench asked whether the NCPCR has taken a similar stand against institutions of other religions and whether it was aware that religious education is imparted to children across India by institutions of their respective religions. The lawyer said that the stand of NCPCR is that religious education should not be an alternative to mainstream education. However, the Supreme Court asked, ‘Tell us whether NCPCR has issued instructions to all communities not to send their children to any monastery, school etc.’
The Supreme Court also asked NCPCR whether it has issued instructions that when children are sent to these institutions, they must be taught science and mathematics. The court asked, ‘Why are you worried only about madrasas? We want to know if you have done this with other institutions also. Has NCPCR treated all communities equally?