The Lucknow Bench of India's Uttar Pradesh (UP) Allahabad High Court (AHC) on Friday ruled that the state law of Uttar Pradesh regarding the establishment and regulation of Islamic education schools called madarsas is constitutional.
The court held that the Uttar Pradesh Madarsa Education Board Act, 2004 (Madarsa Act) violates the principles of secularism and various provisions of the Indian Constitution, including Article 14 of the 'Right to Equality' and the 'Right to Life'. Therefore, it was determined to be unconstitutional. Sections 21 and 21-A of “Education and Teaching'' and Section 22 of the University Grants Commission Act, 1956 relating to the right to award degrees.
The court also ordered the Uttar Pradesh government to immediately accommodate madarsa students in recognized secular schools, ensure sufficient additional seats and, if necessary, ensure that no child between 6 and 14 years is left unenrolled. The government ordered the establishment of new schools to prevent children from becoming children.
Maulana Khalid Rashid Farangi, member of the All India Muslim Personal Law Board, expressed disappointment with the verdict.he said,”I think we need to challenge the (Allahabad High Court) judgment in the Supreme Court. We hope that justice will be served in this case. ”
Before India's independence in 1947, private madarsas in Uttar Pradesh continued to operate without approval from the state government and provided education at the local level. In 1969, the state government introduced regulations for recognizing Arabic and Persian madarsas, outlining criteria such as infrastructure, financial status, and teaching staff. These regulations were followed in 1987 by the introduction of non-statutory regulations.
Pursuant to the 'Statement of Objects and Reasons' of the Madarsa Act, the state government established the Minorities Welfare Department in 1995 and transferred the responsibilities related to minority educational institutions and madarsas from the Ministry of Education to this new ministry. Subsequently, in 2004, the Madarsa Act was enacted to address the challenges faced by madarsas operating under the previous regulations. This law aimed to establish Madarsas Education Boards in the state to improve the quality of education and facilities for students studying in the states.
Madarsas are Islamic educational institutions where students study various aspects of Islam, including the Quran, Islamic law (Sharia), theology, and Arabic. They have been a traditional form of education in many Muslim-populated countries for centuries. Madarsas usually emphasize memorization of the Quran and the teachings of Islamic scholars. However, their curriculum and focus varies, with some offering a broad range of education and others concentrating solely on religious studies. There are reportedly around 24,000 Madarsas in India.
