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New Delhi, Sep 12: Madrasas are "unsuitable" places for children to receive "proper education" and the education imparted there is "not comprehensive" and is against the provisions of the Right to Education Act, the National Commission for Protection of Child Rights (NCPCR) has told the Supreme Court.

The child rights body told the top court that children, who are not in formal schooling system, are deprived of their fundamental right to elementary education, including entitlements such as midday meal, uniform etc.

The NCPCR said madrassas merely teaching from a few NCERT books in the curriculum is a "mere guise" in the name of imparting education and does not ensure that the children are receiving formal and quality education.

"A madrassa is not only a unsuitable/unfit place to receive 'proper' education but also in absence of entitlements as provided under Sections 19, 21,22, 23, 24, 25, and 29 of the RTE Act," it said.

"Further, madrasas do not only render an unsatisfactory and insufficient model for education but also have an arbitrary mode of working which is wholly in absence of a standardised curriculum and functioning," the NCPCR said in its written submissions filed before the top court.

The child rights body stated that due to the absence of provisions of the RTE Act, 2009, the madrassas are also deprived of entitlement as in Section 21 of the Act of 2009.

"A madrassa works in an arbitrary manner and runs in an overall violation of the Constitutional mandate, RTE Act and the Juvenile Justice Act, 2015. It cannot be overlooked that a child getting education in such an Institution will be devoid of basic knowledge of school curriculum which is provided in a school.

"A school is defined under Section 2(n) of the RTE Act, 2009, which means any recognised school imparting elementary education. A madrassa being out of this definition has no right to compel children or their families to receive madrassa education," the NCPCR said.

It said most of the madrassas fail to provide a holistic environment to students, including planning social events, or extracurricular activities for 'experiential learning.

In a breather to about 17 lakh madrassa students, the apex court on April 5 had stayed an order of the Allahabad High Court that scrapped the Uttar Pradesh Board of Madarsa Education Act, 2004 calling it "unconstitutional" and violative of the principle of secularism.

Observing that the issues raised in the petitions merit closer reflection, a three-judge bench headed by Chief Justice D Y Chandrachud had issued notices to the Centre, the Uttar Pradesh government and others on the pleas against the high court order.

The top court said had the high court "prima facie" misconstrued the provisions of the Act, which does not provide for any religious instruction.

The high court had on March 22 declared the Uttar Pradesh Board of Madarsa Education Act, 2004, "unconstitutional" and violative of the principle of secularism, and asked the state government to accommodate students in the formal schooling system.

The high court had declared the law ultra vires on a writ petition filed by advocate Anshuman Singh Rathore.

It had said the state has "no power to create a board for religious education or to establish a board for school education only for a particular religion and philosophy associated with it."

"We hold that the Madarsa Act, 2004, is violative of the principle of secularism, which is a part of the basic structure of the Constitution," the high court had said.

The petitioner had challenged the constitutionality of the UP Madarsa Board as well as objected to the management of madrassas by the Minority Welfare Department instead of the education department.

In a shocking development, a doctor, who worked for the mobile medical services of the Isha Foundation in Coimbatore district, has been arrested by the Coimbatore District Police on charges of sexually assaulting many girl students of a government school during a medical camp. 

The incident came to light during a meeting between education officers and the students, held following orders from Chief Secretary N Muruganandam. The meeting was part of a larger investigation after four staff members of a government college in Valparai were recently arrested for sexually harassing students.

The arrested doctor, identified as 33-year-old S Saravanamoorthy, was a native of Tirupattur district and was part of a mobile medical units team, operated by the Isha Foundation of Jaggi Vasudev alias Sadhguru.

These units have reportedly been conducting free medical camps for school students and general public across Coimbatore under their ‘Action for Rural Rejuvenation’ programme. 

During the meeting with the education officers on Wednesday, September 4, around 12 girl students belonging to classes 6 to 10, raised complaints about how they were touched inappropriately by Saravanamoorthy during these camps.

Immediately after this, the school management reached out to the Child Welfare Committee (CWC), who followed an inquiry with the students. Following this, the Perur All Women police were alerted.

The police officials visited the school and inquired with each of the survivors personally. After recording their statements, they registered a case against the doctor under Section 9(e) (whoever being on the management or staff of a hospital, whether government or private, commits sexual assault on a child in that hospital) read with 10 (punishment for aggravated sexual assault) of Pocso Act. The doctor was later arrested and has been remanded to judicial custody. 

The Isha Foundation, meanwhile, has put out a statement stating that they are fully cooperating with the investigation and that they have a zero tolerance policy for crimes against women and children. 

“It has been brought to our notice that a case has been registered against an employee who is a doctor with our outreach mobile medical services in the rural areas of Coimbatore. Isha holds a Zero Tolerance Policy for any crimes against women and children. We are cooperating with the ongoing police investigation and will take necessary actions by the legal,” read the statement.

Prime Minister Narendra Modi's visit to CJI D Y Chandrachud's house for Ganesha puja celebrations has raised doubts in the mind of Shiv Sena (UBT) leader Sanjay Raut, who questioned whether he would deliver 'justice' in the ongoing case the party has in the Supreme Court, given that the PM is the other party in the case.

Speaking to ANI, Raut said "Ganpathi festival is going on, people visit each other's houses. I don't have info regarding how many houses PM visited so far...but PM went to CJI's house and they together performed 'Aarti'."

He said that a custodian of the Constitution meeting politicians could raise doubts in the minds of people.

"In our case, other party is the central govt...Chief Justice should distance himself from this case because his relation with the other party in the case is openly visible," Raut continued.

He also raised questions if the CJI be able to give them justice in the case. "We are getting dates after dates and an illegal govt is going on...Shiv Sena and NCP were broken in such a way...we are not getting justice and PM Modi is taking a lot of interest in the illegal govt of Maharashtra, to save them," the Sena (UBT) leader continued.

Raut alleged that a doubt had been formed in Maharashtra's mind given the 'bond' the PM and the CJI seem to share.