‘Studying in Madrasa violates secularism’: Allahabad HC declares Madarsa education ‘unconstitutional’
Allahabad High Court has declared the Uttar Pradesh Board of Madarsa Education Act, 2004, as "unconstitutional," citing violations of secular principles. The court's decision, delivered on Friday, has stirred a contentious debate surrounding the integration of madrasa education into the formal schooling system.
Lucknow: Allahabad High Court has declared the Uttar Pradesh Board of Madarsa Education Act, 2004, as “unconstitutional,” citing violations of secular principles. The court’s decision, delivered on Friday, has stirred a contentious debate surrounding the integration of madrasa education into the formal schooling system.
A division bench in Lucknow, comprising Justice Vivek Chaudhary and Justice Subhash Vidyarthi, pronounced the law ultra vires in response to a writ petition filed by Anshuman Singh Rathore. The petitioner challenged the constitutionality of the UP Madarsa Board, arguing that it failed to uphold secularism and provide quality education mandated under Article 21-A.
Chairman of the UP Madrasa Education Board, Iftikhar Ahmed Javed, expressed intentions to scrutinize the ruling’s implications and determine the next course of action. Meanwhile, Senior All India Muslim Personal Law Board (AIMPLB) member, Maulana Khalid Rashid Farangi Mahali, advocated for challenging the decision in the Supreme Court, stressing the importance of constitutional rights in establishing and maintaining madrasas.
The petitioner’s counsel contended that the Madarsa Act infringed upon fundamental rights by neglecting to ensure universal and quality education for students. In contrast, the state government argued that religious education, integral to madrasas, was constitutionally permissible and warranted a separate board for its administration.
Uttar Pradesh is home to approximately 25,000 madrasas, with 16,500 recognized by the Uttar Pradesh Madrasa Education Board. However, the court’s ruling raises concerns about the fate of government-aided madrasas and the livelihoods of their teachers, should the Madarsa Education Act be repealed.
Reacting to the verdict, Madrasa Education Board Chairman Javed expressed apprehension over the potential ramifications for aided madrasas and stressed the need for a comprehensive review of the decision’s impact.
The ruling has sparked a broader discourse on the role of religious education within the framework of secular governance, with stakeholders advocating for a balanced approach that respects constitutional rights while addressing concerns surrounding quality education and employment opportunities for madrasa students and teachers. As the debate intensifies, the fate of madrasa education in Uttar Pradesh hangs in the balance, awaiting further legal scrutiny and government intervention.
