The Lucknow Bench of Allahabad High Court has declared the UP Board of Madarsa Education Act 2024 as Unconstitutional. The court said that this act is against the principle of secularism. Also, the court directed the UP government to accommodate the students studying in madrasas in the basic education 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 a person named Anshuman Singh Rathore. Rathore had challenged the constitutionality of the UP Madarsa Board as well as objected to the management of madarsa by the Minority Welfare Department, both by the Union of India and the state government.
The ruling comes months after the state government decided to survey the Islamic education institutions in the state and also formed a Special Investigation Team (SIT) in October 2023 to probe the funding of Madarsas from abroad.
Madarsa Act violates the principle of secularism
The high court of Allahabad further said that we hold that the Madrassa Act, 2004, is violative of the principle of secularism, which is a part of the basic structure of the Constitution of India, violative of Articles 14, 21 and 21-A of the Constitution of India and violative of Section 22 of the University Grants Commission Act, 1956. Accordingly, the Madarsa Act, 2004 is declared unconstitutional.
Accommodate Madrasa students under UP Board
High Court Justice Vivek Chaudhary and Justice Subhash Vidyarthi said that there are a large number of Madarsas and Madarsa students in the state of UP, therefore the state government is directed to take necessary steps forthwith for accommodating these Madarsa students in regular schools recognized under the Primary Education Board and schools recognized under the High School and Intermediate Education Board of State of Uttar Pradesh.
Shia religious leader appears to state government
On the decision of the High Court on the Uttar Pradesh Madrasa Board, General Secretary of All India Shia Personal Law Board, Shia religious leader Hazrat Maulana Yasoob Abbas issued a statement saying that he appealed to the Yogi government to revive the Madrasa Board by making a law.
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