Date:26th July 2024
To,
Madam Draupadi Murmu
The Hon’ble President of India,
Rashtrapati Bhavan,
New Delhi – 110004
Subject: Appeal Against the biased Order of Inquiry and Intervention in Madrasahs by the state government of Uttar Pradesh and the Child Rights Commission of India
Respected Hon’ble Madam President,
On behalf of the members of All India Muslim Majlis e Mushawarat (AIMMM), the only confederation of Muslim organizations and personalities of eminence, I take the privilege of writing to you with a deep sense of concern regarding the recent directives issued by the Chief Secretary of Uttar Pradesh and the Child Rights Protection Commission of India to inquire into the functioning of Madrasahs in the state of Uttar Pradesh and transition their students to government schools. The directive also says, “the Hindu Students should not be there”.
This directive, we believe, is an unwarranted and unconstitutional interference in the religious and educational rights of the Muslim minority community. The right to establish and administer educational institutions of our choice is a fundamental right guaranteed under Article 30(1) of the Constitution of India. This provision ensures that minorities, whether based on religion or language, have the absolute right to establish and administer educational institutions to preserve and transmit their heritage, culture, and religion to their children.
Madrasahs play a crucial role in the holistic development of Muslim children, providing not only religious education but also contributing to their moral and ethical upbringing and literacy rate of the nation. The institutions have integrated modern education curricula, ensuring that their students receive a balanced Universal Elementary education. The sudden and unilateral move to transition students to government schools disregards the efforts and contributions of these institutions and violates the community’s right to educate their children in accordance with their religious beliefs.
This system of free education committed to weaker section of the community, which came into existence by self-determined social responsibility of Muslims, has been rendering valuable services to the nation for more than a thousand years, and a large part of it is also a big and unparallel successful example of Public Private Partnership.
Right now, according to the latest analysis of available data, more than one crore male and female pupils are studying in the madrasas across the country and lakhs of them are in the state of UP.
This institution of learning (Madrasahs) carries the burden of early leaning of the Children of the nation without any cost and any kind of discrimination. There are a massive number of children admitted to Madrasahs from weaker sections of other communities from the remote areas of the country. The central government SPQEM reports find that there is the children’s attendance visibly more than government schools and teachers are more punctual, responsible and attention paying to the students. It is pertinent to mention that overwhelming number of students enrolled in the Madrasahs are not only from the BPL families, but they also are admitted due to non-availability of the government primary schools in the immediate neighborhood. Similarly, thousands of Muslim and other religion children study in Vedic Pathshalas, Shishu Mandir and Christian missionary schools. Only targeting the Madrasahs is exposing the intention. The education system of the state is very poor, more than 100 Shiksha Mitras have committed suicide due to non-payment of salary. Targeting the Madrassas will have very bad effects on the state of education in the state.
There are a massive number of part-time informal learning centers in the country, out or in the premises of Masjids, the government of Uttar Pradesh is spreading sensation by counting them as madrasahs. Children of these institutes are also admitted to local schools / formal institutes as well as big seminaries (Darul-uloom) give them admission after completion of primary education (UEE). A best example of the contribution of these institutions in the field of education is Kerala, which has the highest position in the country in terms of health care, poverty alleviation and basic education in the Social Development Index, and UNICEF and the WHO place first the state for Child Care. In achieving this, the contributions of these informal part-time learning centers are considered very important. The states should seek their cooperation and not harass them unconstitutionally, while the Right to Education Act has bound the Center and the states to provide quality education to the children in the educational institutions of their choice and Religious Learning are protected by the law.
We would like to highlight the following points for your kind consideration:
Constitutional Rights: The directive undermines Article 30(1) which guarantees minorities the right to establish and administer educational institutions of their choice. This act can be perceived as an attempt to erode the educational autonomy of the Muslim community.
- Religious Freedom: Article 25 of the Constitution guarantees the freedom of conscience and the right to freely profess, practice, and propagate religion. Madrasahs are integral to the practice and propagation of Islam, and any interference in their functioning directly affects the religious rights of Muslims.
- Educational Autonomy: Madrasahs have historically provided a comprehensive education system that blends religious teachings with secular subjects. The government’s directive fails to recognize this contribution and threatens to disrupt the existing educational framework.
Inclusive Development: The government’s focus should be on enhancing the quality of education across all types of institutions, including Madrasahs, rather than dismantling them. Constructive engagement with Madrasah authorities to ensure quality education would be a more inclusive and effective approach.
Therefore, we earnestly request your esteemed office to intervene in this matter and direct the Uttar Pradesh government to withdraw the said directive. We urge you to safeguard the constitutional rights of the Muslim minority and ensure that the principles of justice, equality, and secularism are upheld.
We are confident that under your leadership, the rights and freedoms guaranteed by our Constitution will be protected, ensuring that all communities can coexist and contribute to the nation’s progress in harmony.
With warm personal regards
Yours sincerely,
Sd-
Feroz Ahmad, Advocate
President
All India Muslim Majlis-e-Mushawarat