The Aryavarth Express
Agency(Allahabad): In a recent decision that has stirred considerable discussion, the Allahabad High Court found the Uttar Pradesh Board of Madrasa Education Act of 2004 to be in violation of India’s secular principles, declaring it “unconstitutional.” This landmark ruling came from a division bench comprising justices Vivek Chaudhary and Subhash Vidyarthi, who also directed the Uttar Pradesh government to integrate current madrasa students into the conventional education system.
This judgment was a response to a legal challenge brought forward by Anshuman Singh Rathore. Rathore’s contention highlighted the Act’s breach of the secular ethos enshrined in the Constitution, alongside its failure to ensure compulsory quality education until Class 8, as mandated under Article 21A of the Constitution. He further argued that the Act does not meet the criteria for providing universal and quality education to all children attending madrasas, thereby infringing upon their fundamental rights.
Contrastingly, the state’s defense maintained that the madrasa board’s religious education mandate was constitutionally permissible, arguing for the necessity of such specialized boards to oversee religious instruction.
The ruling has elicited reactions from various quarters. Iftikhar Ahmed Javed, Chairman of the Uttar Pradesh Madrasa Education Board, expressed concern over the potential repercussions, specifically the risk of unemployment for thousands of teachers if the Act were repealed. He suggested that the board’s legal representation might have inadequately presented their case.
Senior member of the All-India Muslim Personal Law Board, Maulana Khalid Rashid Farangi Mahali, has called for the decision to be appealed in the Supreme Court, underscoring the importance of madrasas in providing both religious and modern education under constitutional protections.
This decision affects approximately 25,000 madrasas across Uttar Pradesh, with 16,500 recognized by the state’s Madrasa Education Board and 560 of these receiving government funding. The potential repeal of the Madrasa Education Act raises significant concerns about the future of these institutions, their educators, and students, sparking a debate on the balance between religious education and secular principles in India’s diverse educational landscape.