NCPCR Reply In SC Flags 'Inappropriate Content' Taught In Madrasa, Slams Fatwas On Darul Uloom Deoband Website

The NCPCR tells Supreme Court that Madrasas are infringing on children's fundamental right and it has come across various objectional content on the website of Darul-Uloom-Deoband wherein one of fatwas was issued regarding establishing of physical relationship with a minor girl.

The National Commission for Protection of Child Rights (NCPCR) has flagged in the Supreme Court the "inappropriate content" pushed by Darul Uloom Deoband, an academic body of Islamic education that has affiliating madrasas across South Asia. The NCPCR said it came across various objectionable content on the website of Darul-Uloom-Deoband wherein one of the fatwas was issued regarding physical relationship with a minor girl, which is not only misleading but is also in violation of the provisions under the POCSO Act, 2012. 
The child protection body told the court that some of these objectionable content is allegedly being taught in the madrasas.

The affidavit has been filed in the Supreme Court in connection with a plea challenging the Allahabad High Court's March 22 judgment that struck down the 'UP Board of Madarsa Education Act 2004’. 

The affidavit stated that the Madrasa Board is depriving children of their Fundamental Right by imparting only religious and Islamic education. Explaining this, NCPCR told the court that the education imparted to children in madrasas is not comprehensive, and is therefore against the provisions of the Right to Education Act, 2009. 

According to NCPCR, Darul Uloom Deoband has been issuing fatwas that are exposing children to hatred against one’s own country and eventually causing them unnecessary mental and physical suffering.

"Another fatwa was issued on the website of the Darul Uloom Deoband wherein a question was asked by an individual from Pakistan regarding suicide attack on non-Muslims forces wherein a statement of 'Consult your local Scholar' is made by the Darul Uloom Deoband instead of responding that the query is invalid or illegal in nature....Such statements by Darul Uloom Deoband are reinforcing the belief towards legitimising intentional homicide, terrorist attack among non-Muslims and further is also highly terrorizing for the country as well as a matter of national security," the affidavit read. 

It further told the top court that it has also taken cognisance of another objectionable content on the website of Darul Uloom Deoband wherein a fatwa talks about the "invasion of India (Ghazwa-e-Hind)", and how anyone losing life in such a mission would be considered "a great martyr".

"In this regard, it is humbly submitted that Darul Uloom Deoband being an academic body of Islamic education and affiliating Madrasas across South Asia has been issuing fatwas which are exposing children to hatred against one’s own country and eventually causing them unnecessary mental and physical suffering," the affidavit said.

Received Complaints Against Darul Uloom Deoband Website Content: NCPCR

NCPCR submitted in the Supreme Court that it has received complaints regarding the fatwas issued by Darul Uloom Deoband, which contained references from a book titled ‘Bahishti Zewar’.

"It is pertinent to mention here that the said book contained content which is not only improper but is also objectionable and illegal regarding children as the same contains text regarding engaging in a sexual relationship with a minor, the book is also alleged to be taught to children in madrasas, and further fatwas containing such objectionable information is accessible for all," the affidavit read.

It further told the top court that even though Darul Uloom Deoband Madrasa was founded in Deoband in district Saharanpur, Uttar Pradesh but it has been impacting people professing Islamic culture and practices across the country and many countries abroad. 

The NCPCR also said that it took suo motu cognisance of a newspaper report wherein a minor boy was recovered after eight years with changed name and religion.

"The minor boy was recovered from an Adhaar Card Centre where he was sent to change his name from Rahul to Mohammad Azhar (Name changed for the purpose of protecting the identity of minor) in Adhaar Card. In order to further inquire about the matter, a team from the Commission visited the Madrasa, in the district of Uttar Pradesh which the child was attending after he went missing eight years ago. As per the information received from the District Department of Minority Welfare, Uttar Pradesh, the said Madrasa was recognised."The commission said that on perusal of various complaints received by the Commission from different sources, it is noted that children belonging to non-Muslim communities are attending Government funded/Recognized Madrasas and are receiving religious education and instructions."

On examination of the answers provided by scholars, the commission said, it was observed that the children were completely imparted education relying on religious scriptures. Accusing Darul Uloom Deoband of denying children a fundamental right protected by the RTE Act of 2009, NCPCR told the apex court that madrasa students are deprived of the facilities and entitlements enjoyed by students studying in regular schools. 

Complaint Against Jamiat Ulama-i-Hind Open School 

The NCPCR affidavit also made a submission about a complaint regarding an open school run by Jamiat Ulama-i-Hind with support from the National Institute of Open Schooling (NIOS).    

"On examination of the details provided, the Commission has found that the Jamiat Ulama-i-Hind has established Jamiat Open School on lines of NIOS for Madrasa Students enabling them to pursue ‘mainstream’ education. However, on the basis of the document available on the website of Jamait Open School, it was stated that “In the Private Madarsa system any attempt to change the syllabi, curriculum or Govt. interference in the name of so-called modernization is apprehended to downgrade their religious educational standard or cause digression in their focus of attention and disturb their moral upbringing," the affidavit said.

The commission said that these conditions, keeping a child professing any other religion apart from Islam, shall amount to violation of Section 75 of the Juvenile Justice Act 2015. 

"Not only are children's fundamental rights being infringed through grants, but the Juvenile Justice Act 2015 (JJ Act 2015) is also being disregarded. Any provision to exclude children from the benefits of the right to education is to be considered as against the spirit of the Constitutional principles with which the Constitution was adopted by the people for ourselves. It is also submitted that protection of the children Right to Education is of utmost importance as the same has been found its place in Article 21 of the Constitution of India and therefore it is necessary that all children up to the age of 14 years be provided with formal schooling as mandated by the Constitution and the States be directed to be obligated to provide such schooling wherein children upto class 5 attends school for 4 hours and children from 6th to 8th attend school for 6 hours and therefore any violation of the said provisions is not only against the welfare of the children and but the same is also against our constitutional ethos and principles," the affidavit said.

In April, the top court had stayed the Allahabad high court verdict striking down Madrasa Act as unconstitutional, saying that it will impact nearly 17 lakh students. The Supreme Court will resume hearing the arguments in the case soon.