Introduction
Recently, the National Commission for the Protection of the Rights of the Child (NCPCR) has carried out a Nationwide Assessment of Minority Schools. The assessment was aimed at determining how the 93rd Amendment to Indian Constitution, which exempts minority institutions from otherwise compulsory provisions of the Right to Education, impacts children from minority communities. The resultant report titled “Impact of Exemption under Article 15 (5) with regards to Article 21A of the Constitution of India on Education of Minority Communities” has highlighted some interesting facts.
About the National Commission for Protection of Child Rights (NCPCR)
The NCPCR is a statutory body established in March 2007 under the Commissions for Protection of Child Rights (CPCR) Act, 2005. It operates under the administrative control of the Ministry of Women & Child Development and aims to ensure that all laws, policies, programmes, and administrative mechanisms are aligned with child rights perspective as enshrined in the Constitution of India and the UN Convention on the Rights of the Child. It also looks into complaints relating to a child’s right to free and compulsory education under the Right to Education Act, 2009 and monitors the implementation of Protection of Children from Sexual Offences (POCSO) Act, 2012.
Main Findings of the Report
The report revealed that 62.5% of the students in minority schools belonged to non-minority communities, while only 8.76% belonged to socially and economically disadvantaged backgrounds. In this context, it raised an issue of disproportionate representation in West Bengal and Uttar Pradesh where the number of Christian minority schools is significantly high compared to Muslim minority schools, despite the latter forming a substantial part of the minority population.
An Overview of Madarsas
According to the report, the Muslim community, which accounts for the largest number of out-of-school children (1.1 crore), has three types of madrasas operating in the country- Recognised, Unrecognised, and Unmapped. While Recognised Madrasas are registered and provide both religious and secular education, Unrecognised ones lack registration due to absence of secular education, and Unmapped Madrasas have never applied for registration. The report also stresses that the syllabi of these madrasas are not uniform, leading to students developing an inferiority complex and finding it hard to adjust with the environment.
Linkage Between Article 15(5), 30, 21A
As per the Indian Constitution, Minority institutions have the right under Article 30 to establish and administer their educational institutions as they see fit, albeit subject to state regulations. However, Article 15 (5) (93rd Amendment to Indian Constitution) allows the state to make special provisions for the socially and economically backward classes in educational institutions, except the minority educational institutions. Minority schools, consequently, remain outside the purview of the Right to Education Act (RTE).
Suggestions Offered by the Report
The NCPCR survey found that many institutions register as minority schools simply to circumvent RTE mandates. Consequently, the report suggests bringing all schools, including madrasas, under the purview of the Right to Education and Sarva Shiksha Abhiyan campaign. It also recommends reservation for students from minority communities in such schools and specific guidelines concerning the minimum percentage of students from the minority community to be enrolled in the institution. It calls for a review of the exemption bestowed on minority institutions under RTE and stresses that the rights provided to minorities to establish their own institutions for cultural, linguistic and religious protection under Article 30 should not contravene with a child’s fundamental right to education under Article 21(A).
