Clarifying its stand on Right to Education with regards to madrasas across the country,the Ministry of Human Resource Development has said that madrasas imparting religious instruction do not fall under the ambit of schools as defined under section 2(n) of the RTE Act.
The Madrasas are protected under Article 29 and 30 of the Constitution. The RTE Act does not come in the way of continuance of such institutions or the rights of children in such institutions, a statement issued by the HRD Ministry said.
Darul Uloom in Deoband and the All India Muslim Personal Law Board (AIMPLB) had earlier slammed the RTE Act,saying it would interfere with madrasa education in the country.
In November 2010,the HRD Ministry had issued guidelines under Section 35(1) of the RTE Act,clarifying that madrasas are out of the purview of the Act.
The ministry has introduced an RTE Amendment Bill in Parliament,which provides that School Management Committees constituted under Section 21 of the RTE Act in respect of aided minority schools shall function in an advisory capacity only,and will not be required to prepare the School Development Plan.