National Commission for Protection of Child Rights.
Credit: DH File Photo
New Delhi: The Supreme Court on Tuesday questioned the National Commission for Protection of Child Rights (NCPCR) why was it concerned with madrasas after the child rights body said students of such institutions weren't able to pursue medical and engineering professions.
Chief Justice of India (CJI) D Y Chandrachud and Justices J B Pardiwala and Manoj made the remarks while reserving the verdict on petitions challenging the Allahabad High Court judgement.
The high court had declared the 2004 Uttar Pradesh law on madrasas as unconstitutional on the ground it violated the principles of secularism.
Senior advocate Swarupama Chaturvedi, representing the NCPCR, said madrasas cannot be seen as an alternative to mainstream education. Moreover, madrasa students will not have the opportunity to pursue careers in fields like navy, medical, engineering and other professions, added Chaturvedi.
"Has NCPCR issued any instructions, cutting across communities, that you will not take children into your religious institutions unless they are taught secular subjects?” asked the CJI.
The child rights body said it had no objection if madrasa education supplemented school education. But, it cannot be a substitute, the counsel for NCPCR said, adding the body had filed a report on the deficiencies of the madrasa system and written to states to inspect them.
The bench asked if the NCPCR had taken a similar stand against institutes of other religions and was aware there were religious instructions provided across India to young children by institutions of their respective religions.
NCPCR's stand, the counsel said, was that religious instructions should not be a substitute to mainstream education.
The top court, however, questioned, “So tell us, has the NCPCR issued a directive that across communities, that don't send children to any monasteries, pathshalas, etc.”
The apex court further asked the NCPCR if the latter had issued a directive saying children must be taught science, maths, when they are sent to these institutions.
“Why are you only concerned with madrasas? We would like to know if you have dealt with other institutes. Has NCPCR been even-handed in its treatment of all communities," asked the bench.