Supreme Court stays UP government's decision on madrasas, know what it means

Supreme decision:  The SC has put a stay on NCPCR's recommendation to dissolve madrasas and further government action by Uttar Pradesh. Meanwhile The Supreme Court has issued a notice to the Center and the states regarding this and has also sought a reply in four weeks.

The Supreme Court has stayed the NCPCR's recommendation to close government-funded/aided madrasas due to non-compliance of the Right to Education Act and the action taken by the Center and the states.

Big decision of Supreme Court

However a bench of Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Mishra refused to act on the recommendation of NCPCR. In such a situation, the funding received from the state to madrasas not following RTE will not stop. Along with this, the court has issued notice to all the states and union territories and asked to respond within four weeks.

Supreme Court Stay NCPCR Order

Even though SC has also stayed the decision of the Uttar Pradesh government to transfer students of unrecognized madrasas to government schools. Senior advocate Indira Jaisingh, appearing for Jamiat Ulema-e-Hind, argued that the NCPCR's letter and the actions of some states including Uttar Pradesh and Tripura should be stopped.

Who filed this petition

Though Jamiat Ulema-e-Hind had filed a petition against the orders of the Uttar Pradesh and Tripura governments. The UP government's order was taken on the basis of the NCPCR report.

It was asked to cancel the recognition of madrasas not following RTE 2009 and to investigate all madrasas. The CJI's bench considered the petition of Jamiat Ulema-e-Hind and stayed the action of the states.

Madrasas do not provide basic education - NCPCR

In the while  National Commission for Protection of Child Rights had filed an affidavit in the Supreme Court in the month of September. In this, it had said that the funding of madrasas should be stopped.

They do not follow the Right to Education rules. It was also said that the entire focus of madrasas is on religious education and due to this; the necessary education is not available.

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Petitioner Jamiat Ulama-e-Hind has told the SC that this action violates the right of minorities to establish and manage educational institutions. In fact, NCPCR had written two letters to the states of UP and Tripura.

Supreme Court order highlights points

Child Commission had told the court that madrasas do not follow the right to education.

Was demanded that funded madrasas be closed.

NCPCR said in its petition that non-Muslim children should be sent to normal schools.

Madrasas should be brought under the ambit of the right to education for formal education.

Supreme Court has currently sought a reply from all the states.