NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS (NCPCR)

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Context:

The National Commission for Protection of Child Rights (NCPCR)  suggested states to suspend funding to Madrasas and close Madrasa Boards.

Details

The National Commission for Protection of Child Rights (NCPCR) recently sent a letter to all Chief Secretaries and administrators in States and Union Territories about a report titled "Guardians of Faith or Oppressors of Rights: Constitutional Rights of Children v/s Madrasas." This report discusses the history of Madrasas and how they sometimes violate children's educational rights.

The NCPCR found that many Madrasas do not provide the proper education that children deserve. Because of this, they recommended that all states and Union Territories should stop funding Madrasas. They also suggested closing Madrasa Boards, which manage these institutions.

The objective of these recommendations is to ensure that every child in India has access to quality education. The NCPCR believes that by taking these steps, children's rights will be better protected, and they will receive a more comprehensive education.

About Madrasa

They are educational institutions for Muslim students, according to the Ministry of Minority Affairs, there are about 38,000 madrasas across the country, and Uttar Pradesh has nearly 60% of the total.

Madrasas in India commonly fall into two categories:

1. Madrasa Darse Nizami: These madrasas operate as public charities and do not have to follow the state school curriculum. They primarily teach in Arabic, Urdu, and Persian.
2. Madrasa Darse Aliya: These madrasas are linked to state education boards and usually follow the curriculum set by the National Council of Educational Research and Training (NCERT). This includes subjects like Mathematics, Science, Hindi, and English.

Most recognized madrasas follow NCERT guidelines, combining secular subjects with Islamic studies. In some cases, students can choose to study additional subjects like Deeniyat (religious studies) or Sanskrit.

Regulation and Funding

More than 20 states have madrasa boards that manage the recognized madrasas. These boards are responsible for hiring teachers and staff. Unrecognized madrasas follow the curriculum of well-known Islamic institutions like Darul Uloom Deoband and Nadwatul Ulama.

Funding for madrasas mainly comes from state governments, although the central government also supports them through initiatives like the Scheme for Providing Education to Madrasas/Minorities (SPEMM).   

About National Commission for Protection of Child Rights (NCPCR)

NCPCR is a  statutory body that was established under the Commission for Protection of Child Rights (CPCR) Act, 2005 to protect and promote the rights of children in India.

It is responsible for monitoring

• Protection of Children from Sexual Offences (POCSO) Act 2012
• Juvenile Justice (Care and Protection of Children) Act 2015
• The Right to Free and Compulsory Education (RTE) Act 2009

Composition of the NCPCR

• The chairperson serves a term of 3 years or until the age of 65.
• Six members, including at least two women, who are experts in areas such as:
  • • Education
    • Child health and welfare
    • Juvenile justice
    • Child psychology
    • Laws relating to children

Each member serves for 3 years or until the age of 60, also with a maximum of two terms.

The Central Government appoints both the Chairperson and members based on recommendations from a committee led by the Minister of Education.

Functions of NCPCR

1. It examines existing measures to protect child rights and suggests improvements.
2. It reports to the government on the effectiveness of these measures.
3. It investigates violations of child rights and recommends legal actions whenever needed.
4. It examines current policies and suggests better practices to ensure the welfare of children.
5. It encourages research in the field of child rights.
6. It promotes awareness of child rights through publications, media, and events.
7. It examines places where children are kept, like juvenile homes, and suggests remedies if required.

While investigating, NCPCR holds powers similar to a civil court 

• Summoning individuals and examining them under oath.
• Requiring documents and public records.
• Receiving evidence through affidavits.
• Issuing commissions for witness examination.

After inquiries, NCPCR can recommend actions such as prosecution or seek directions from the Supreme Court or High Courts.

Challenges

1. Limited ability to enforce its recommendations.
2. Insufficient financial and human resources.
3. Lack of a specified timeframe for inquiries and investigations.

Way Forward

1. Increasing funding to enhance its capabilities.
2. Strengthening legal powers to issue binding orders.
3. Raising awareness, especially among marginalized communities.
4. Empowering children to participate in decisions affecting their rights.

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NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS (NCPCR)

Source: 

Economictimes

Wikipedia

UNESCO