SC Halts NCPCR's Recommendations on Madrasa Closures for Non-Compliance with RTE Act

The Supreme Court has temporarily halted the recommendations of the National Commission for Protection of Child Rights (NCPCR), which called for the closure of government-aided madrasas that do not comply with the Right to Education (RTE) Act.

This decision was made by a three-judge bench led by Chief Justice of India, D.Y. Chandrachud. The court was hearing a plea from Jamiat Ulama-i-Hind, which argued that the NCPCR's recommendations infringed on the rights of religious minorities, as protected by Article 30 of the Indian Constitution. This article ensures that minorities can establish and manage their own educational institutions.

The NCPCR's recommendations, issued in June 2024, sought inspections of madrasas and the withdrawal of recognition for non-compliant institutions. The court also agreed to include all states and Union Territories in the case as respondents.

Article 30 of the Constitution

Minority educational institutions:

(1) Notwithstanding anything contained in this Part, any minority group in India shall have the right to establish and administer educational institutions of its own choice.

(2) In granting recognition or affiliation to educational institutions under clause (1) of this article, the State shall not discriminate against any educational institution on the ground of religion or management.

(3) The State shall not, in the case of any educational institution established under clause (1) of this article, interfere in its internal administration, except as may be necessary to ensure that the educational institution is not being managed in a manner which is contrary to the provisions of this Constitution or any other law for the time being in force.

(4) Notwithstanding anything contained in this Part, the State may make a law providing for the case in which the minority character of any educational institution referred to in clause (1) of this article has ceased to exist.

Follow up News: https://www.mrmlxp.in/post/child-rights-panel-recommends-closure-of-madrasa-boards-and-withdrawal-of-state-funding