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The Lucknow bench of the Allahabad High Court on Friday declared the UP Board of Madrasa Education Act 2004 unconstitutional. Said that this Act violates the principle of secularism i.e. it is against it. Whereas secularism is a part of the basic structure of the Constitution. The court has directed the state government to immediately accommodate the students studying in madrassas in the basic education system. The government was also ordered to ensure that children aged six to 14 years are not left out of admission in recognized institutions.
The division bench of Justice Vivek Chaudhary and Justice Subhash Vidyarthi has given this important decision on the petitions of petitioner Anshuman Singh Rathore and five others. In the petitions, challenging the constitutionality of the Uttar Pradesh Madrasa Board Education Act, questions were raised on the propriety of the management of Madrasas being done by the Minority Welfare Department at the Central and State Government level. The government had constituted SIT in October 2023 to investigate madrassas in the state. Preparations are underway to close thousands of madrassas which were found to be operating illegally during investigation.
On Friday, the court, keeping in mind the future of madrassa students, has directed the UP government to accommodate them in government schools and connect them with the mainstream of education. Madrasas are still being run in the state under the Uttar Pradesh Madrasa Board Act 2004. After the law was declared unconstitutional, the court has asked the government to accommodate them in the basic education system to provide education in other subjects to the students studying in madrassas and to ensure that their future is not spoiled.
violation of right to education
On behalf of the petitioner, it was said that this law was made in a very wrong manner. In this the right to secularism and education was violated. Said that in this country there is a law to provide basic education to all children, whereas in Madrassas it has been limited to religious education. Said that if the government is giving grants to any educational institution then it should not charge fees from children. But, madrassas have also violated this. Said that this law was made so powerful that powers to control not only school education but even colleges were vested in it.
The petition was opposed by the Madrasa Board. Chief standing counsel Shailendra Kumar Singh presented the case on behalf of the state government. The amicus curiae appointed in the case also gave arguments. The court accepted the petition of Anshuman Singh Rathore with the verdict. Ordered to send the remaining 5 referred petitions raising other questions back to the concerned court.
16512: Total madrassas recognized in the state
– Of these, 560 are subsidized by the government.
– Around 8500 unrecognized
BJP Minority Morcha President Basit Ali has welcomed the High Court’s decision. He said that the court’s decision will help the children to move forward. He said that there should be a change in the conditions of madrassas. Even today, children study sitting on the floor in madrassas.
The board will take steps after reading the decision
Board Chairman Iftikhar Ahmed Javed said that further decision will be taken after reading the court’s decision. After 20 years this law has been declared unconstitutional. There must be something wrong somewhere. Our lawyers could not present their case properly in the court.
Maulana Saif Abbas said, we are surprised by the High Court’s decision
Maulana Saif Abbas said that we are surprised by the decision of the High Court. The Madrasa Act has been made by the government, not by the Maulvi. Now what will happen to the students and teachers of the madrassa? He said that if necessary, he will approach further courts.
Personal Law Board will go to Supreme Court
Maulana Khalid Rashid Farangi Mahali, member of All India Muslim Personal Law Board, said that we will challenge this decision in the Supreme Court.
