The Supreme Court on Monday stayed the National Commission for Protection of Child Rights (NCPCR) recommendation to states/Union territories to shift students studying in unrecognized madrasas, which are not compliant with Right to Education Act, 2009, to formal schools.

A bench comprising Chief Justice D Y Chandrachud, Justice J.B. Pardiwala and Justice Manoj Misra by an interim order restrained the central and the State governments from acting on the communications issued by the child rights body.

The top court’s stay of the NCPCR recommendation and order restrain the central and the State governments from acting on it came as senior advocate Indira Jaisingh told the bench that the sweeping nature of the NCPCR’s directive lacked legal authority and it would adversely impact the fundamental rights guaranteed under the Constitution.

The senior advocate Indira Jaisingh appeared for the petitioner Muslim religious body – Jamiat Ulema-E-Hind.

The national child rights body had raised serious concerns about the functioning in Madrassas and has called for stopping their state funding unless they comply with the RTE Act, 2009.

On June 07, 2024, the NCPCR wrote to the Chief Secretary of the state of Uttar Pradesh directing that the recognition of Madrassas not complying with the RTE Act be withdrawn.

On June 25, the NCPR wrote to the Centre’s Ministry of Education to issue directions to all the States/Union Territories to conduct inspections of the existing Madrasas with the Unified District Information System for Education (UDISE) Code. The NCPCR had recommended that the recognition and UDISE Code of Madrassa that do not comply with the norms under the RTE Act be withdrawn with immediate effect.

In the wake of the NCPCR recommendations, the Uttar Pradesh Chief Secretary wrote to all District Collectors to conduct a detailed investigation of all government-aided/recognised madrassas in their respective districts that admit non-Muslim children and for immediate admission of all children enrolled in Madrassas into government schools.

Tripura government had also issued a similar direction on August 28, 2024. The Union government too had written to all States and Union Territories to take action as per the NCPCR’s instruction.

Another petition is pending before the top court challenging the Allahabad High Court’s March 22 decision to strike down the Madrassas Act, 2004.

The Allahabad High Court in March this year had declared the Uttar Pradesh Board of Madrasa Education Act, 2004, as unconstitutional, violative of the principle of secularism and the right to equality guaranteed under Article 14 of the constitution.

Holding that the Uttar Pradesh Board of Madrasa Education Act, 2004, was unconstitutional, the High Court had directed the State government to “take steps forthwith for accommodating the madrasa students in regular schools recognised under the Primary Education Board and schools recognised under the High School and Intermediate Education Board of the state of Uttar Pradesh.”

The High Court verdict had come on a petition by a lawyer who had challenged the Madrasa Act.

However, in April, the Supreme Court put on hold the High Court’s judgment, saying that the High Court prima facie misconstrued the Act and that the decision would impact nearly 17 lakh students.