A three-judge bench of the Supreme Court has upheld the validity of the Uttar Pradesh Board of Madrasa Education Act, 2004, which was struck down by Allahabad High Court in March this year. The High Court had termed the Act as 'non-secular' and 'unconstitutional', but the apex court said the Act does not violate any provision of the Constitution.
In its 70-page judgment, Chief Justice D Y Chandrachud, Justices J B Pardiwala and Manoj Misra said, the High Court erred in quashing the Act and by ordering shifting of all madrasa students to regular schools. The Supreme Court however struck down the provisions of the Act that allowed the UP Madrasa Board to confer graduate (Kamil) and post-graduate (Fazil) degrees. The apex court said it was beyond the legislative competence of the state legislature as it conflicts with the UGC Act which governs standards for higher education.
The Supreme Court judgment has cleared the clouds of uncertainty hanging over the fate of lakhs of students studying in madrasas across the state.
The apex court also made it clear that minorities have no absolute right to administer educational institutions, and the board could exercise regulatory power with the approval of the state government to ensure that religious minority institutions like madrasas imparted secular education of a requisite standard without destroying their minority character.
The judgment said, "State can regulate aspects of the standards of education such as course of study, qualification and appointment of teachers, health and hygiene of students, and facilities for libraries. Regulations about standards of education of qualification of teachers do not directly interfere with the administration of recognised madrasas. Such regulations are designed to prevent maladministration of an educational institution."
The apex court also made it clear that non-Muslim students studying in madrasas cannot be forced to study Islamic literature or follow Islamic rituals.
Muslim organizations like Jamiat Ulema-e-Hind and All India Shia Personal Law Board welcomed the apex court judgement saying that the apex court has corrected the error made by High Court. There are nearly 16,500 madrasas in UP where more than 17 lakh children study.
In 2017, after becoming CM, Yogi Adityanath started the process of modernisation of madrasas, by creating a portal for the registration of all madrasas. As a result, more than 5,000 madrasas that were being run illegally were wound up. Webcams were introduced to stop copying during exams. 558 recognized madrasas are being given assistance by the state in the form of salaries for teachers and staff, NCERT books and mid-day meals for students.
Overall, there were two issues relating to madrasas. One, state governments felt that modern education was not being imparted and stress was only being laid on the study of Islamic scriptures.
Secondly, those who were running madrasas felt that the state government was trying to take them over by interfering in their day-to-day administration. Now that the Supreme Court has given its judgment, the state government can no more interfere in their management, but the State can decide about the courses of study, syllabus and curriculum.
This judgment should be welcomed. Those running madrasas should welcome this verdict and introduce modern education in their institutions. This will help madrasa students to study in accordance with universally accepted standards of education and get admission to good colleges. They can aspire to become doctors, engineers, lawyers or IT professionals.
Moreover, misconceptions must be removed about terrorists being trained in madrasas. By citing examples of a few moulvis working for terrorism in one or two, all the madrasas cannot be tarnished with the same brush. Sadly, political parties gave a political twist to the issue and limited the issue to payment of salaries to teachers working in madrasas. Stress should be laid on improving the qualifications of teachers and providing good libraries in madrasas. All stakeholders must join hands and modernise the madrasas.
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