Some say it is draconian, others want issue settled amicably
The exclusion of madrasa education from the ambit of the Right to Education Act, 2009, has split the Muslim community — between those who see the law as “draconian” and “anti-Muslim” and those who want the controversy settled sensibly, without recourse to anger and agitation.
The issue came into focus recently with Mahmood Madani of the Jamiat Ulama-e-Hindi describing the Act as a threat to Muslim religious schools. So far, madrasas have enjoyed a fair amount of freedom with no specific obligation to seek recognition from the government. This leeway was granted by Article 30 of the Constitution, which allows minorities “the right to establish and administer educational institutions of their choice.”
The problem arises from the fact that the RTE Act defines “school” — whether government, aided or private — as any “recognised school” imparting elementary education. This definition does not include madrasas. Section 18 makes “a certificate of recognition” mandatory for all schools. And Section 19 prescribes stringent conditions — such as building and classroom specifications, teacher-student ratio, study hours, library and playground facilities — for obtaining recognition.
This raises questions: Does the RTE Act run afoul of Article 30 where the emphasis is on “choice”? If so, what is the remedy?
The Hindu spoke to a cross-section of Muslim leaders and scholars. Niaz Ahmed Farooqui, secretary, Jamiat Ulama-e-Hind, called the RTE Act “draconian” and accused the Central government of trying to monopolise and control education which was a State subject. “The law says no one can run a school without prior permission. Does that mean madrasas will be prosecuted? How can civil society accept this? How can you take away rights given to us by the Constitution?”
Miscommunication
Mujtaba Faruque of the Jamaat-e-Islami Hind pointed out that only 4 per cent of Muslim children attended madrasas.
“We should remember that this Act is important for 96 per cent of Muslim children. There is obviously a miscommunication between the government and community leaders. The RTE Act was long overdue and we welcome and support it. A simple amendment to the Act will solve the problem.”
“Progressive law”
Lok Jan Shakti Party leader Abdul Khalique echoed the sentiment. “The RTE Act is a progressive law and let us not oppose it. Instead, let us find a way to reconcile Article 30 with the RTE Act.” Mr. Khalique said progressive Muslims were keen that the issue be resolved amicably. Mr. Khalique, who runs an institution for Muslim girls, said there was a lot of confusion over minority educational rights. “We need an omnibus, comprehensive legislation to clear the contradictions.”
Aijaz Ilmi, columnist, said the Act had erred vitally in not recognising madrasas, and compounding the error by imposing conditions too difficult to meet. “Naturally the community fears that madrasas will be shut down,” he said. “Madrasas exist because of poverty, because there are not enough normal schools in Muslim localities. They are providing a service. Besides, many of the madrasas are today teaching English and the Sciences. Any law is for the benefit of the people and the government must talk to them and incorporate their views.”
Misconceptions
Abusaleh Shariff, member-secretary of the Sachar Committee, placed the matter in perspective. He said misconceptions abounded about madrasas. There were State variations and, in most cases, madrasas only supplemented modern education. In Kerala, 40 per cent of madrasa-going children were Hindus. It was also necessary to keep in mind that madrasas admitted only boys.
Mr. Shariff recognised nonetheless that madrasas, which taught Urdu, fulfilled a “felt need” in the community. “The solution offered by the Sachar Committee was to integrate madrasas with mainstream schooling by means of an ‘equivalence' measure.”
Correction
The second paragraph of the above report said: “The issue came into focus recently with Mahmood Madani of the Jamiat Ulama-e- Hindi describing the Act as a threat to Muslim religious schools.” It's the Jamiat Ulama-e-Hind.
Keywords: Right to Eduction, RTE Act, Muslim community, Madrassa education
This is high time to separate religion and modernisation. Experience has shown that orthodox elements of all communities are almost always anti-reforms specially when it is meant to emancipate women and depressed classes. The oppositon to RTE by some clerics on grounds of interference in religion is utterly disgusting to say the least.
Hearting to know the fact, as pointed in the article, that only 4% of muslim children get educated in madarsas, meaning that 96% of the muslim children would be covered under RTE. Nevertheless, the need is to be rigid in developmental agendas and not to cater to vote-bank politics in such matters. Our policy makers must understand that orthodoxy is a minuscule minority while majority of muslims looking forward to more reforms, better participation in mainstream and finally a better living standard.
Most of the Madrassas across India or the Indian sub-continent only focus on the memorizing of complete Quran (Hifz). Very few importance is given to other mundane activities. Hafiz (one who memorized the entire Quran) further goes on to become Maulvis or Muftis (learned Islamic scholars). These people are employed by mosques across Indian sub-continent and few go to other global nations to recite namaaz five times a day. They earn hardly Rs.4000 per month and they languish under poor conditions of life.
Madrassas accommodate mostly poor Muslims as the other middle-class and elite Muslims got to Urdu-medium or English-medium schools. As per a suvey by an Indian Magazine, only 4% of Muslim boys in India go to Madrassas.
Madrassa should be more refined to include other mundane activities as well so that Muslims can relate themselves to the Modern world and live in present.
Without one shred of doubt the RTE is the single-most vital piece of legislation for the long term future of India. We cannot progress in darkness. Let not the narrow-minded views of a few conservatives cloud our judgement. There will be many obstacles along the way in implementing the RTE. These must be overcome systematically with perseverance and unbending will for the good of us all. We owe it to posterity.
Actually there are two types of mentalities among muslim people.
One who follow religion having orthodox/traditional thinking and they never want any thing added or substracted from core religion point of view. This view we can see in Jamaat-Ulema Hind. whereas few new islamic groups are moderate and mixing up western culture and think some thing would be added to religion if it is worth , such type of people belong to Jamaate Islami founded by maududi. Obviously when two different mentalities exists there will be confict on such issues.
No community should be allowed to claim religious education in a particular religion as a right under the RTE Act. The RTE Act should focus on broad secular, general and technical education, leaving religion to individual families. Otherwise no one can predict where it will lead.
India is a secular country therefore all religions should be givenequal importance ,both sexes should be given equal oppurnuties.It is nice to see madarasa schools employ female teachers and teach other relegions. The national language must be mandatory then there will be more national integration
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