Minimal impact, yet, NCPCR’s directive on Madrasas is brewing a storm in Kerala

Religious organisations in Kerala have pointed out that NCPCR's directive infringes on Muslims' religious freedom and fundamental rights and announced their plans to protest it.

Published Oct 14, 2024 | 9:00 AMUpdated Oct 14, 2024 | 9:00 AM

NCPCR's directive on Madrasas

The National Commission for Protection of Child Rights (NCPCR)’s recent directive regarding Madrasas is expected to have minimal impact in Kerala. The directive, issued on 11 October, had asked for the closure of Madrasas and the withdrawal of state governments’ support to Madrasa boards.

Muslim organisations in Kerala have noted that since Madrasas in the state do not receive financial assistance from the government, the directive will largely be inconsequential for them.

Despite this, the move has sparked concerns about its broader implications for the education of minorities in India.

Not like in north India

Religious organisations in Kerala have announced their plans to protest the recent directive from the National Commission for Protection of Child Rights (NCPCR), arguing that it infringes on their fundamental rights.

Unlike several northern states, where the government provides funding for madrasa operations, Kerala’s Madrasas function independently. They are managed by organisations such as Mujahid, Sunni, and Jamaat-e-Islami.

These Madrasas conduct classes in the mornings and evenings, ensuring they do not interfere with regular school education. However, religious leaders fear that the directive could be used as a means to eventually shut down Madrasas entirely.

The Indian National League condemned the directive and called it unconstitutional. The Muslim League has accused the Commission of being party to Sangh Parivar’s agenda. Both parties plan to challenge the directive through legal action and public protests.

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What is Kerala’s Madrasa model?

In a conversation with South First, Najeeb Moulavi, a Madrasa teacher from Pathanamthitta clarified that madrasa education in Kerala is not compulsory.

“There is a common misconception that Madrasas promote religious extremism among children, but that is far from the truth,” he explained.

“In fact, the Quran itself says, ‘One who teaches communalism is not one among us.’ It is entirely up to the parents to decide whether their child should attend religious moral classes at a madrasa. Children can start attending madrasa from the age of five. In our area, madrasa classes begin at 6.30 am.”

Talking about how it doesn’t interfere with students’ school education, he elaborated, “Since most children take the school bus at around 7.45 am, we conclude classes by 7.15 am on school days to ensure they have enough time for breakfast and to prepare for school. Madrasa education does not interfere with their formal schooling in any way.”

He also pointed out that attending madrasa is not a requirement for any function, including marriage.

“What we teach children are good moral values—respect for parents, love for fellow human beings, and compassion—not hate. We do not receive funds from either the central or state governments. Another controversy in the past involved pensions for madrasa teachers, but that, too, is untrue. We have not obtained any financial support from government entities ” Moulavi emphasised.

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Threat to religious freedom?

The Samastha Kerala Sunni Yuvajana Samgam (SYS)  state secretary Abdul Samad Pookkottur expressed strong objections to the Commission’s recent actions against Madrasas.

Speaking to South First, he emphasised that since Madrasas in Kerala do not receive government funding, the decision is unlikely to affect them directly. However, he noted that the move could have significant repercussions for Madrasas in other parts of India.

Pookkottur argued that call for shutting down Madrasas pose a threat to religious freedom in the country and that it could lead to serious consequences.

He raised concerns that this directive might eventually impact Madrasas in Kerala as well eventually, likening the directive to “giving a stick to a monkey,” which he deemed an unreasonable suggestion.

”The NCPCR report (which the directive is based on) highlights specific incidents, including one in a village in Bihar where a child was injured in an explosion at a Madrasa, raising concerns about children being trained to make bombs,” the secretary said about the report.

Giving another instance from it, he said, “On the 11th page of the report, there is a reference to a minor boy named Rahul, who was found at a Madrasa after eight long years, during when his name was changed to a Muslim name. Some issues certainly need addressing, but it is crucial not to generalise and paint everyone with the same brush.”

He added that Muslim organisations will respond to these actions both legally and democratically, signaling potential protests in reaction to the Commission’s stance.

Political reactions 

CPI state secretary Binoy Viswam criticised the Commission, alleging that it operates under the prejudice or assumption that minority religious groups are enemies of the state.

He pointed to the recent comments by Lok Janshakti Party (LJP) leader AK Bajpai as evidence that coalition parties within the NDA government recognise this troubling trend.

Bajpai had mentioned that illegal Madrasas should be shut down but nothing should be done blindly.

Viswam highlighted that the directive issued to state governments seem to undermine the Commissions for Protection of Child Rights Act, 2005.

CPI(M) state secretary MV Govindan criticised the directive and called it unconstitutional. He argued that this order promotes religious polarisation in India.

Meanwhile, Kerala minister for transport, KB Ganesh Kumar expressed serious concerns about the potential dangers of shutting down Madrasas.

He argued that these institutions provide essential spiritual education for children, which should not be dismissed as mere religious instruction. Kumar drew a parallel with Sunday schools, stating that while they teach the Bible, they also offer a broader educational context.

He suggested that the term “religious studies class” should be rebranded as “spiritual studies” to better reflect the inclusive nature of education across all religions.

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What is in NCPCR’s directive?

The Commission has proposed the closure of Madrasas across India. In a letter addressed to chief secretaries of various states, the commission recommended that financial support for Madrasas be discontinued and that madrasa boards be suspended.

This decision is based on a study conducted by the commission. The study’s report criticises the education system in Madrasas, arguing that it has failed to integrate Muslim students into the broader educational framework.

According to the NCPCR, many Madrasas operate in violation of laws aimed at safeguarding children’s educational rights. It claims that these institutions obstruct children’s access to public education, prompting its call for state governments to withdraw their financial aid.

Spanning 11 pages, the letter advocates for the transfer of students from non-Muslim communities enrolled in Madrasas to public schools. It underscores the necessity of ensuring that Muslim children attending Madrasas also have access to public education.

(Edited by Neena)

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