Is NCPCR Chief Pursuing a Specific Agenda against Madrasas, Missionary Schools?

The NCPCR, established in 2007 under the UPA government, is meant to protect children’s rights. However, under its current leadership, the commission appears to be disproportionately focused on madrasas and missionary schools, raising concerns about its priorities and impartiality.

Written by

Abdul Bari Masoud

Published on

October 22, 2024

It appears that Priyank Kanoongo, chairman of National Commission for Protection of Child Rights (NCPCR), is operating with a particular agenda. Since taking office in October 2021 for a three-year term, which ended on October 17, 2024, Kanoongo has consistently targeted the madrasa system and missionary schools.

His latest attack came in the form of a letter sent on October 11 to the Chief Secretaries of all States and Union Territories, recommending the closure of Madrasa Boards, discontinuation of state funding to madrasas, and the enrolment of children attending madrasas in “formal schools.” He also recommended removing all non-Muslim children from madrasas and enrolling them in schools for “fundamental education” under the Right to Education (RTE) Act, 2009. Furthermore, he suggested that Muslim children attending (un)recognized madrasas be enrolled in formal schools to receive education as per the RTE Act.

Instead of addressing the many challenges facing mainstream schools in India – such as a lack of infrastructure, inadequate teaching staff, discrimination, poor education quality, and corruption in programmes like the midday meal scheme – Kanoongo has focused his attention on madrasas.

Furthermore, the child panel never gave the RSS-run Shishu mandirs any thought. Their  curricula are so poisonous that they are leaving young, susceptible minds with prejudiced views. We didn’t hear a single word from the Commission on this serious issue. And to top it all, everyone is aware of the conditions that youngsters working in the unorganised economy face, yet the commission seems unconcerned about them.

The Annual Status of Education Report (ASER), released by Pratham Education Foundation since 2005, highlights the alarming state of education in India. The ASER 2023 ‘Beyond Basics’ report, which examines the foundational learning of children aged 14-18, reveals troubling statistics:

  • About 25% of this age group cannot fluently read a Standard II-level text in their regional language.
  • More than half struggle with basic division problems, with only 43.3% able to solve such problems correctly, a skill expected in Standard III/IV.
  • Only 57.3% can read English sentences, and among them, 73.5% can understand the meaning.

Despite these pressing issues, Kanoongo’s actions have drawn criticism, not just from Opposition parties but also from some of the BJP allies. His association with RSS is well-known, and his statements often reflect the RSS worldview.

Karnataka’s Minister Priyank Kharge criticized the panel chief, stating that instead of recommending the closure of madrasas, the commission should provide solutions. He also noted the irony of this recommendation coming shortly after the Maharashtra government tripled the salaries of madrasa teachers. Kharge further pointed out that government schools across the country also face similar issues, as identified by ASER reports. He asked whether those schools should be shut down too, suggesting that the state government would thoroughly examine the findings before taking any action.

Anand Bhadauriya, a spokesman for the Samajwadi Party, remarked that the NCPCR’s letter seemed politically motivated and intended to create discord. He emphasized that many madrasas are producing scholars and helping children from low-income families, urging the commission to withdraw its “absurd letter.”

Even the BJP ally, Lok Janshakti Party’s spokesman AK Bajpayee agreed that while illegally operating madrasas should be shut down, a more thorough survey should be conducted before taking any drastic measures. He added that madrasas should be given a chance to defend themselves against allegations of wrongdoing.

In addition to the letter, NCPCR recently released a report titled “Guardians of Faith or Oppressors of Rights: Constitutional Rights of Children vs. Madrasas,” which claims that madrasas violate children’s educational rights. The report argues that madrasa curricula are not in line with the RTE Act and highlight “abnormalities,” including content that promotes the “supremacy of Islam.” The report also notes that the Bihar Madrasa Board prescribes books published in Pakistan and includes objectionable material in religious textbooks.

Kanoongo’s claims that madrasas do not provide formal education are contradicted by his criticism of the Jamiat Open School, which seeks to enrol madrasa students in formal education through open schooling. In March 2023, Kanoongo referred to the school’s operations as “organized crime” and suggested improper financial links with Pakistan. This prompted the Jamiat Ulama-i-Hind, led by Maulana Mahmood Madani, to serve a legal notice demanding that Kanoongo retract his false statements about the Jamiat Open School and stop spreading misleading information about religious madrasas.

Importantly, madrasas are recognized by Indian law. The Right to Free and Compulsory Education Act of 2009 explicitly exempts institutions like madrasas and Vedic Pathshalas from its provisions, acknowledging their role in religious education. Also, the Constitution does not prohibit religious instruction in educational institutions.

In November 2023, the NCPCR ordered Karnataka’s Chief Secretary to file a First Information Report (FIR) against DarulUloomSayideeyaYateemkhana, an orphanage in Bengaluru, for alleged rule violations. However, the orphanage management filed a counter-FIR accusing the NCPCR of spreading misinformation and trespassing.

In a submission to the Supreme Court, the NCPCR claimed that madrasa education is not comprehensive and violates the RTE Act. The panel also alleged that the Taliban was influenced by the religious ideologies of DarulUloom Deoband. However, the Supreme Court stayed a previous Allahabad High Court order that had invalidated the Uttar Pradesh Board of Madrasa Education Act of 2004, which the NCPCR argued violated secularism and fundamental rights under Article 14 of the Constitution.

The NCPCR, established in 2007 under the UPA government, is meant to protect children’s rights. However, under its current leadership, the commission appears to be disproportionately focused on madrasas and missionary schools, raising concerns about its priorities and impartiality. Kanoongo has remained silent on instances of mistreatment of minority students in other schools, adding to the controversy surrounding his actions.