RTE & Muslim Children:
Window of Opportunity
or Infringement of
Minority Rights?
By
Farrukh R Khan
DISE Flash Statistics: Elementary Education in India: Progress towards UEE 2009-10
Madrasa in UP
• There are over 15000 Maktabs and 10,000 Madrasas running in UP
catering to about 0.3 million students although no authentic record or
survey is available. (out of an estimated over 1 million national total as per Sachchar committee report)
• The number of Madrasas currently affiliated to the UP Madrasa Board is
1700
• In these Madrasas, boy and girl students are taught, along with religious
education, English, computer and Hindi.
• Out of the total number of Madrasas affiliated to Madrasa Board,
government assistance is provided to 499 madrasas. (less than 30%)
“Today, our government comes before you to redeem the
pledge of giving all our children the right to education….. We
are committed to ensuring that all children, irrespective of
gender & social category, have access to education…….The
needs of every disadvantaged section of our society,
particularly girls, dalits, Adivasis & Minorities must be
particular focus as the Act is implemented”
Prime Minister Dr. Manmohan Singh in his address to the nation on 1st April 2010
The Right to Free & Compulsory Education Act 2009
Right to Education, a constitutional framework that makes it
obligatory for the state to ensure free and compulsory education to
children of 6 – 14 years age group, emanates from Article 21 A of
the Indian constitution introduced by 86th amendment.
RTE: Salient Features
•Free and compulsory education to children of 6 – 14
years from all sections of society
•Strict adherence to the teacher – student ratio of 1:30
•25% reservation for disadvantaged students in private
institutions
•Schools have to ensure minimum basic facilities like
adequate teacher, playground and infrastructure
•The concept of ‘neighbourhood school’ to achieve
universalization of education.
Considering that more than 66 % Muslim children
between 7-16 years age group are enrolled in
government schools, Right of Children to Free and
Compulsory Education Act 2009 seems to be an
opportunity to address this gap in rights based
framework.
The Minority Concerns……………….
There is great apprehension and divide amongst
clerics and Muslims running educational
institutions especially Maktabs and Madrasas
who perceive Right to Education Act as violation
of the right to set up minority institutions under
Article 29 & 30 of the Constitution.
Other Concerns……
• School Management Committee
• 25 % reservation in private schools
• Time bound compliance to standards
Government’s Response
State Rule on Madrasa
• No specific mention of Madrasa/Maktab
• No SMC in unaided schools
• No specific mention of Muslim/Minority
representation in SMCs in aided schools
(SC/ST,OBC, Weaker section?? )
Article 29. Protection of interests of minorities
(1) Any section of the citizens residing in the territory of India or any
part thereof having a distinct language, script or culture of its own
shall have the right to conserve the same
(2) No citizen shall be denied admission into any educational
institution maintained by the State or receiving aid out of State funds
on grounds only of religion, race, caste, language or any of them
Article 30. Right of minorities to establish and
administer educational institutions
(1) All minorities, whether based on religion or language, shall have the right to
establish and administer educational institutions of their choice
(1A) In making any law providing for the compulsory acquisition of any property
of an educational institution established and administered by a minority,
referred to in clause ( 1 ), the State shall ensure that the amount fixed by or
determined under such law for the acquisition of such property is such as
would not restrict or abrogate the right guaranteed under that clause
(2) The state shall not, in granting aid to educational institutions, discriminate
against any educational institution on the ground that it is under the management
of a minority, whether based on religion or language
Investing Our Energies?
• Continuing the dialogue
• A little more attention towards 96%
• Demanding level playing field (infrastructure/support,
finance)
• Engaging with parents & children
Education:Importance in Islam
َ ‫كْالَّ ِذ‬
)1(ْ‫يْخلَ َق‬
َ ‫ْر ِّب‬
َ ‫ا ْق َرْْأ ِباسْ ِم‬
)4( ‫) الَّ ِذيْ َعلَّ َْم ِب ْْال ََقلَ ِْم‬3(ْ‫كْاألَ ْك َر ُم‬
َ ‫) ا ْق َرْْأ َو َر ُّب‬2(ْ‫انْ ِمنْ ْ َعلَ ٍق‬
َ ‫َخلَ َقْاإلِن َس‬
)5(ْ‫انْ َماْلَ ْمْ َيعْ لَ ْم‬
َ ‫َعلَّ َْم اإلِن َس‬
–5 words (on learning) in the first 5 verses
–Revealed in an age which was not information age
–In a society of Ummiy-yoon where extremely few
knew how to read and write
–The Prophet himself was Ummi
www.understandquran.com
18
"Iqra"
READ! Seek knowledge! Educate yourselves! Be educated.
• "Are those equal, those who know and those
who do not know?" Surah Al-Zumr, ayah 9
• "Allah grants wisdom to whom He pleases
and to whom wisdom is granted indeed he
receives an overflowing benefit."
Surah Al-Baqarah, ayah 269
“Yun qatl se bachchon ke wo badnaam na hota,
Afsos ke fir’oun ko college ki na soojhi”
Akbar Ilahabadi