Saturday, March 15th, 2025

You have no complaint against Math or Pathshala… Why did CJI Chandrachud ask such a question to NCPCR?

New Delhi: The Supreme Court questioned the National Commission for Protection of Child Rights (NCPCR) as to why it was expressing concern only about madrassas. The court asked whether NCPCR has adopted the same attitude towards educational institutions of other religions also or not? Actually, NCPCR had said that children studying only in madrassas will not be able to become doctors or engineers. This case is related to a decision of Allahabad High Court, in which the High Court had rejected the Uttar Pradesh Madrasa Act, 2004. The High Court said that this law is against the principles of secularism. This decision has been challenged in the Supreme Court. The bench of Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Mishra is hearing this case. During the hearing, senior advocate Swaroopama Chaturvedi, appearing for NCPCR, argued that madrassas cannot be considered an alternative to mainstream education. he/she said that children studying in madrassas will not be able to make careers in navy, medical, engineering and other professional fields. On this, the Chief Justice asked the NCPCR, ‘Have you instructed all communities not to send their children to religious institutions unless they are taught secular subjects there?’

Report prepared on shortcomings of Madrasa education system

NCPCR said that it has no objection if madrassa education is imparted along with school education. However, NCPCR’s counsel stressed that madrassa education cannot be a substitute for school education. NCPCR also informed that it has prepared a report on the shortcomings of the madrassa education system and has asked all states to inspect madrassas. On this, the bench asked whether NCPCR has adopted a similar stand against educational institutions of other religions? Is he/she aware that many children across the country are receiving religious education in schools of their respective religions?

‘Why are you worried only about madrassas?’

NCPCR’s counsel responded that they believed that religious education should not be a substitute for mainstream education. After this, the Supreme Court asked in a stern tone, ‘Tell us whether NCPCR has issued instructions to all communities not to send their children to any monastery or school?’ The Chief Justice said, ‘Why are you worried only about madrassas? We want to know whether you have treated other religious educational institutions in a similar manner? Has NCPCR treated all communities equally?

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