NCPCR Raises Concerns on Madrassas, Recommends Halting State Funding Over RTE Non-Compliance

Why in the News?

The National Commission for Protection of Child Rights (NCPCR) has voiced strong concerns about the functioning of madrassas and recommended halting state funding to these institutions unless they comply with the Right to Education (RTE) Act.

This move has sparked discussions around the quality of education in madrassas and their adherence to national education laws.

What’s in Today’s Article?

• What is the NCPCR?
• Functions and Responsibilities of NCPCR
• NCPCR’s Recommendations on Madrasas

What is the NCPCR?

The National Commission for Protection of Child Rights (NCPCR) is a statutory body in India, established in 2007 under the Commission for Protection of Child Rights Act, 2005. It works under the Union Ministry of Women and Child Development (WCD).

Its core mission is to ensure that all laws, policies, programs, and administrative systems align with the vision of child rights as outlined in the Indian Constitution and the United Nations Convention on the Rights of the Child (CRC).

India became a signatory to the Convention on the Rights of the Child,CRC in 1992, committing to safeguarding the rights of children as defined in this international treaty. The NCPCR’s mandate covers children aged 0 to 18, focusing on ensuring their well-being and protecting their rights across various levels of governance—national, state, and local.

The commission adopts a rights-based approach, which is integrated into national policies and programs, ensuring:

• The overall well-being of children.
• Institutional strengthening.
• Decentralization at the community level, involving local bodies.
• Encouraging greater societal involvement in child rights protection.

Functions and Responsibilities of NCPCR

Functions:

1. Review and Safeguards:
   The NCPCR examines and reviews existing measures for child rights protection, recommending improvements for better implementation.

1. Reporting:
   It submits annual and periodic reports to the central government on the effectiveness of child rights safeguards.
2. Investigations:
   It investigates violations of child rights and, when necessary, recommends legal proceedings.
3. Research Promotion:
   The NCPCR encourages research on issues concerning child rights to improve understanding and address challenges.
4. Awareness Building:
   The commission raises awareness about child rights and the safeguards available through publications, seminars, and media initiatives.
5. Institutional Inspections:
   It inspects institutions where children reside or are detained, such as juvenile homes, and recommends corrective actions if needed.
6. Complaint Investigation:
   The NCPCR investigates complaints and takes suo motu action on cases involving the deprivation of child rights, failure to implement protective laws, and other related concerns.

Responsibilities:

1. Under the Right to Education (RTE) Act, 2009:

The NCPCR reviews the implementation of safeguards under the RTE Act and recommends measures to ensure its effective execution.

1. Under the Protection of Children from Sexual Offences (POCSO) Act, 2012:

The commission monitors the designation of Special Courts by state governments and the formulation of guidelines as mandated by the Act.

1. Under the Juvenile Justice (Care and Protection of Children) Act, 2015:

The NCPCR monitors Child Care Institutions (CCIs) and was instructed by the Supreme Court to conduct social audits of these institutions.

NCPCR’s Recommendations on Madrasas

Concerns about Madrasas:

1. Lack of Compliance with RTE:
   Although Articles 29 and 30 of the Constitution protect minority rights, NCPCR has raised concerns that children in madrassas are not receiving equitable access to quality education, as required by the RTE Act.

1. Presence of Objectionable Content:
   There are allegations of inappropriate content in religious texts used in madrassas, as well as a shortage of qualified educators.
2. Deprivation of Facilities:
   Students in madrassas are reportedly being denied essential facilities like uniforms and midday meals, which are typically available in regular schools.

Key Recommendations by NCPCR:

1. Closure of Madrasa Boards:
   Based on a High Court ruling that deemed the Uttar Pradesh Board of Madrasa Education Act unconstitutional, citing violations of secularism and fundamental rights (Article 14), the NCPCR has urged states and union territories to close madrasa boards due to their lack of transparency and accountability.
2. Withdrawal of State Funding:
   The NCPCR recommends stopping state funding to madrassas unless they comply with the Right to Education Act.
3. Non-Muslim Children in Madrasas:
   In its report titled “Guardians of Faith or Oppressors of Rights?”, the NCPCR has called for the removal of non-Muslim children from madrassas, as their inclusion contradicts Article 28 of the Constitution, which prohibits religious instruction without parental consent.

Political Reactions:

Some opposition parties argue that the NCPCR’s recommendations are politically driven and could exacerbate societal divisions. The issue has ignited a broader debate on the intersection of education, minority rights, and governance.

The Way Forward:

The NCPCR’s recommendations and the resulting political discourse highlight a critical juncture for education reform, particularly concerning minority-run institutions. As the debate continues, stakeholders stress the importance of a balanced approach that ensures access to quality education for all children, while respecting the cultural and religious contexts of diverse communities.

The NCPCR advocates for the coexistence of both religious and formal education, though not within the same institutional framework.

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