Allahabad HC declares UP Madarsa Education Act (2004) 'unconstitutional'
In a ruling seen as a major blow to Islamic seminaries providing free education to children of mainly the deprived lot, the Allahabad High Court Friday March 22, 2024 declared the Uttar Pradesh Board of Madarsa Education Act, 2004, 'unconstitutional'. Read More
Lucknow: In a ruling seen as a major blow to Islamic seminaries providing free education to children of mainly the deprived lot, the Allahabad High Court Friday March 22, 2024 declared the Uttar Pradesh Board of Madarsa Education Act, 2004, 'unconstitutional'.
Terming Madrasa Education, violative of the principle of secularism, the High Court also asked the state government to accommodate current students in the formal schooling system.
A division bench comprising Justice Vivek Chaudhary and Justice Subhash Vidyarthi of the Lucknow branch of the court declared the law ultra vires on a writ petition filed by Anshuman Singh Rathore, according to news agency PTI.
Besides challenging the constitutionality of the UP Madarsa Board, Rathore in his petition had also objected to the management of Madaris (Madrasa plural) by the Minority Welfare Department, both by the union as well as the state governments.
According to a rough estimate, Uttar Pradesh has about 25,000 Madaris spread across its length and breadth. Around 16,500 of them are registered with the UP Madrasa Board.
The court order if implemented risks education of hundreds of thousands of Muslims, and also non-Muslims, students studying in these Madaris.
Reliance on Madrasa education is often blamed for the backwardness of the community. But the truth is that many Muslim children go to Madaris out of compulsion. If it were not for these Madaris run by religious charities, these children would never get any 'education'.
Same applies to non-Muslim students. As India, including Uttar Pradesh, fails to provide schools to children living in remote areas, they have no option but to get themselves enrolled in these Madaris.
Interestingly, a number of Hindus after graduating from Madaris are also working in Saudi Arabia and other Gulf countries on lucrative posts.
Unlike the popular myth, the Madaris are not providing religious education alone. In fact, the Uttar Pradesh cabinet headed by Yogi Adityanath had in 2008 accepted State Madrasa Board's proposal to teach English and Hindi languages besides Urdu in the Islamic institutions.
The cabinet also approved the proposal of following NCERT syllabus and books in the Madaris.
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