Religious Education In Madrasas On Govt Expense| Allahabad High Court Allows NCPCR To Intervene In Matter

The Allahabad High Court on Wednesday allowed the National Commission for Protection of Child Rights (NCPCR) to intervene in a case wherein the Court has raised the issues as to whether religious education can be imparted in Government funded Madrasas and whether this could be in violation of Articles 14, 25, 26, 29, and 30 of the Constitution of India.

The bench of Justice Dinesh Kumar Singh, in March this year, while dealing with a writ plea filed by Azaj Ahamad, working as a teacher in a Madarsa, asked the Central and State Governments to file their responses on the matter.

On Wednesday, the Counsel for the NCPCR Swarupama Chaturvedi filed an application seeking to intervene in the matter. In the intervention application, the NCPCR has stated that the education imparted to children in Madrasas is not adequate/comprehensive and as such, the same is against the provisions of the Right to Education Act, 2009.

The application also states that the education imparted in the Madrasas deprives students studying there of their Fundamental Rights.

"NCPCR has been in receipt of various complaints which state that the right to education of children in recognised #Madrasa is being violated. The fact of not getting a proper education is a violation of the law of the land and a severe injustice to Children," their application further states.

In view of these submissions, the intervention application filed by the NCPCR was allowed and the NCPCR was permitted to intervene in the proceedings. Additionally, the Court also made the following remark:

"The matter is of wide ramification and some importance and the outcome of this case will affect the education system as well as the rights of the children studying in Madarsas."

Further, the Court also appointed S.M. Singh Raikwar, Advocate, as amicus curiae to assist the Court in the matter.

Regarding the response of the Union and the state government, the counsel appearing for the Union of India submitted that he has already sent the drat counter affidavit for approval and signature of the concerned authority and he expects that the counter affidavit will be filed within a period of two weeks.

Standing Counsel for the state government too submitted that a counter affidavit on behalf of the State will also be filed within a period of two weeks.

In view of this, the Court posted the matter for hearing on May 30.

Appearances

Counsel for Petitioner: Adil Hussain

Counsel for Respondent: A.S.G.I.,Rakesh Tewari, Rakshit Raj Singh, Swarupama Chaturvedi

Case Title - Azaj Ahamad vs. U.O.I. Ministry Of Affairs Thru. Secy.And 4 Others

Case Citation: 2023 LiveLaw (AB) 153

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