Even as the Muslim clerics protested the Right to
Education (RTE) vis-ŕ-vis Madrasa education, the Union Human
Resource Development Ministry July 29 clarified that Madrasas are protected under
Article 29 and 30 of the Constitution, and hence the Right of the
Children to Free and Compulsory Education (RTE) Act does not come
in the way of continuance of such institutions or the rights of
children enrolled there.
Madrasas imparting religious instruction
do not fall under the ambit of schools as defined under section
2(n) of the RTE Act, it said.
The Ministry statement was issued in response to
the remarks of Maulana Abdul Qasim Nomani, the new V-C of the Darul
Uloom, Deoband who criticised the RTE while speaking to the media and said he would oppose it.
“The seminary will strongly protest the move to snatch
rights of madrasas through RTE, and it is with the All India
Muslim Personal Law Board (AIMPLB) which is already opposing it,”
newly-appointed V-C of Darul Uloom, Maulana Noman said.
He said the Act posed a threat to the independence of madarsas and
their education system.
“If minority institutions are not excluded
from the Act, then Deoband will lodge protest either on its own or
under the banner of the AIMPLB,” Nomani said.
The Ministry said it had issued a guideline on
Nov 23, 2010 under Section 35(1) of the RTE Act clarifying that
such institutions (madrasas) were protected under the
However, the Ministry implements the Scheme of
Promotion of Quality Education in Madrasas. The objective of the
scheme is to encourage traditional institutions such as Madrasas
by giving them financial assistance for introducing science,
mathematics, social studies, Hindi and English in their curriculum
so that students studying in these institutions attain academic
The Ministry has also introduced an RTE Amendment
Bill in Parliament, which provides for School Management
Committees constituted under section 21 of the RTE Act in respect
of aided minority schools, to function in an advisory capacity
only, so that they will not be required to prepare the School