Supreme Court Stays NCPCR Recommendations on Madrasas, Ensures Continued Government Funding

On Monday, the Supreme Court of India halted the implementation of the National Commission for Protection of Child Rights (NCPCR) recommendations regarding madrasas across the country. This decision ensures that government funding to these religious educational institutions will continue uninterrupted. The NCPCR had previously sought to withhold government funding from government-funded and aided madrasas, citing their non-compliance with the Right to Education (RTE) Act. Additionally, the Supreme Court dismissed the NCPCR’s recommendation to transfer students from unrecognized madrasas to government schools.

The ruling was issued by a bench led by Chief Justice D.Y. Chandrachud, along with Justices J.B. Pardiwala and Manoj Misra, after considering the arguments presented by the Jamiat Ulema-e-Hind, a Muslim organization that raised concerns over the matter. The organization’s legal counsel argued for the suspension of NCPCR actions and those of certain state governments that had moved to enforce these recommendations.

The case arose after the Muslim organization challenged directives from the Uttar Pradesh and Tripura governments, which called for transferring students from unrecognized madrasas to government schools. The Supreme Court’s order now prevents the enforcement of NCPCR recommendations issued on June 7 and June 25 of this year. The court also stayed orders from the respective states that were based on these recommendations. Furthermore, the court granted the Muslim organization permission to include other states as respondents in the petition, expanding the scope of the legal challenge beyond Uttar Pradesh and Tripura.

This ruling is seen as a significant step in protecting the autonomy and funding of madrasas while addressing concerns about compliance with the RTE Act. The case underscores the ongoing debate over the role of religious education institutions and their relationship with the broader government educational framework in India.