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‘UP Board of Madarasa Education Act, 2004’ unconstitutional : Allahabad HC’s major judgement

  • HC Clarified that such a board contravenes the secular principle of the Constitution
  • HC orders to accommodate all madarasa students into the mainstream education

Lucknow (UP) – The Lucknow bench of the Allahabad High Court has declared the ‘UP Board of Madarasa Education Act, 2004’ unconstitutional, asserting that the establishment of such a madarasa education board violates the principle of secularism enshrined in the Constitution. In its ruling, the Court directed the Uttar Pradesh Government to integrate students currently enrolled in madarasas into mainstream educational institutions. Anshuman Singh Rathore and others had challenged this Act by filing a petition, with Amicus Curiae Akbar Ahmed and other advocates presenting their arguments. Subsequently, a bench comprising Justice Vivek Chaudhary and Justice Subhash Vidyarthi issued the above order following the hearing. The decision of the Court has drawn objections from the Uttar Pradesh Minority Welfare Department and the Union Government’s Minority Welfare Department.

The UP Government had constituted a Special Investigation Team in October 2023 to investigate madarasas. The team is probing foreign funding to the madarasas.

UP Madarasa Board may approach the Supreme Court

Dr Iftikhar Ahmed, President of the UP Madarasa Board, responded to the decision, stating that they are awaiting the detailed order. Once received, our legal team will scrutinise it, and if deemed necessary, we will pursue the matter in the Supreme Court. This decision holds significant implications for the future of two million children.

Mulayam Singh Yadav enacted the ‘UP Board of Madarasa Education Act’ during his tenure as Chief Minister

On 6th December 2004, when Mulayam Singh Yadav was the Chief Minister, the ‘UP Board of Madrasa Education Act’ was enacted. Under this board, madarasas were recognised which met the standards of Tahtania, Fauquania, Aliya (Islamic Educational Standards) levels. The State Government has from time to time included permanently
recognised madarasas at the Aliya level to the grant list. Presently, there are a total of 560 permanently recognised madarasas at the Aliya level.

UP has 26,000 madarasas

There are about 26,000 madarasas in UP. Among these, 12,800 madarasas have never undergone renovation since their registration. Additionally, 8,500 madarasas remain unregistered. Approximately 4,600 madarasas are registered and function using their own funds, while 598 madrasas operate solely on the Government grants, meaning they are fully funded by the Government.

Editorial Perspectives

It is evident from this situation that not only in Uttar Pradesh, but across all the States where similar madarasa boards have been established and are providing religion-based education, these boards should be shut down. The people feel that the Union Government should take the lead in addressing this issue.

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