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

Madrasa in UP There are over 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 1 st 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 [1], Right of Children to Free and Compulsory Education Act 2009 seems to be an opportunity to address this gap in rights based framework. [1] 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 اقْرَأْ بِاسْمِ رَبِّكَ الَّذِي خَلَقَ (1) خَلَقَ الإِنسَانَ مِنْ عَلَقٍ (2) اقْرَأْ وَرَبُّكَ الأَكْرَمُ (3) الَّذِي عَلَّمَ بِالْقَلَمِ (4) عَلَّمَ الإِنسَانَ مَا لَمْ يَعْلَمْ (5) – 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

"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