Supreme Court Reviews Allahabad High Court’s Decision on UP Madarsa Education Act
The National Commission for Protection of Child Rights (NCPCR) has filed an affidavit in the Supreme Court challenging the Allahabad High Court’s March 22 judgment that struck down the ‘UP Board of Madarsa Education Act 2004’.
NCPCR’s Concerns
NCPCR argues that the education provided in Madrasas is not comprehensive and violates the Right to Education Act, 2009. They claim that Madrasas fail to offer a suitable education, healthy atmosphere, and growth opportunities for children. Additionally, NCPCR states that Madrasas provide Islamic religious education to non-Muslims, violating Article 28 (3) of the Indian Constitution.
Issues Highlighted
The affidavit mentions that children in Madrasas lack basic school curriculum knowledge and that these institutions operate without a proper curriculum and evaluation procedure as required by the Right to Education Act, 2009. NCPCR also notes that many complaints have been received about fatwas issued by Darul Uloom Deoband, which runs numerous Madrasas, exposing children to hatred and causing mental and physical suffering.
Supreme Court’s Response
On April 5, the Supreme Court stayed the Allahabad High Court’s judgment, which had declared the UP Board of Madarsa Education Act 2004 unconstitutional and violative of secularism and fundamental rights. A bench led by Chief Justice of India DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, stated that the High Court’s finding might not be correct and that the judgment could affect 17 lakh students. The Supreme Court suggested that instead of striking down the Madarsa Act, suitable directions should be issued to ensure that students receive quality education.
Doubts Revealed
Supreme Court -: The Supreme Court is the highest court in India. It makes important decisions about laws and justice in the country.
Allahabad High Court -: The Allahabad High Court is a major court in the state of Uttar Pradesh. It handles important legal cases in that region.
UP Madarsa Education Act -: The UP Madarsa Education Act is a law made in 2004 to manage and improve education in Madrasas, which are Islamic religious schools in Uttar Pradesh.
National Commission for Protection of Child Rights (NCPCR) -: NCPCR is a group in India that works to protect the rights and well-being of children. They make sure children get proper education and care.
affidavit -: An affidavit is a written statement made under oath. It is used in court to present facts and information.
Right to Education Act, 2009 -: The Right to Education Act, 2009 is a law in India that says every child aged 6 to 14 has the right to free and compulsory education.
stayed -: When the Supreme Court ‘stayed’ the judgment, it means they temporarily stopped the decision of the Allahabad High Court from being enforced.
17 lakh students -: 17 lakh means 1.7 million. It refers to the large number of students who could be affected by the court’s decision.
