October 21, 2024: In a significant ruling, the Supreme Court of India has temporarily stayed the National Commission for Protection of Child Rights (NCPCR) recommendation to shut down government-funded madrasas for alleged non-compliance with the Right to Education (RTE) Act. The court’s decision came after a plea by the Jamiat Ulama-i-Hind, which argued that such actions violate the rights of minorities to establish and manage their own educational institutions.

The Supreme Court’s bench, led by Chief Justice D.Y. Chandrachud, issued notices to the Centre and all states, requiring them to respond within four weeks. The court also halted recent directives from the Uttar Pradesh and Tripura governments, which sought to transfer students from unrecognized madrasas and non-Muslim students from government-aided madrasas to government schools.

This ruling addresses communications issued by the NCPCR on June 7 and June 25 of this year, which the Supreme Court has directed should not be acted upon. The court’s order extends to any consequential directives issued by state governments, ensuring that they remain on hold until further notice.

The NCPCR’s stance, as outlined in an affidavit filed in September, highlighted concerns that the education provided in madrasas is inadequate and does not meet the standards set forth by the RTE Act of 2009. The commission asserted that madrasas fail to deliver a comprehensive education, resulting in children missing out on essential learning opportunities and a conducive environment for growth.

The Supreme Court's decision to allow the Jamiat Ulama-i-Hind to expand its petition to include additional states further underscores the broad implications of this case for minority education rights across India.