SC Verdict on UP Madrasa Act: The Supreme Court has upheld the validity of the UP Board of Madrasa Education Act. This means that the Madrasa Act will continue in the state. Madrasas will continue to function and students of 16,000 madrasas will not be sent to government schools.
On Tuesday, the Supreme Court gave this order and rejected the High Court’s decision, which declared the Madrasa Act unconstitutional. However, Madrasas will no longer be able to decide the PG and research syllabus. The Supreme Court has put a stay on this.
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The court said- All the provisions of the UP Madrasa Act do not violate the fundamental rights or the basic structure of the Constitution. About 17 lakh madrasa students have got relief from the court’s decision.
On 5 April 2024, the Supreme Court had stayed the decision declaring the Madrasa Act unconstitutional. The Central and UP governments were also asked to respond to this.
Earlier, it was heard in the bench of Chief Justice DY Chandrachud on 22 October 2024. The Chief Justice had said- Secularism means- live and let live.
The Supreme Court upheld the validity of the Uttar Pradesh Madrasa Education Board Act of 2004 and said that this Act does not violate the principle of secularism.
- The Supreme Court said that the meaning of secularism should be understood. Every religion has its own institutions. In such a situation, why have madrasas been targeted? After this decision of the Supreme Court, it is clear that about 16 thousand madrasas will continue to function.
- The court said that the right to education of minorities should be maintained. The Madrasa Act is not an interference in the functioning of madrasas. The Supreme Court has asked the government to make arrangements for madrasas. Â
- It can fix minimum standards. It can see what kind of education should be given in madrasas. Justice Pardiwala also raised big questions during the hearing. Pardiwala had said that the morals should be understood. Institutions of only one religion are not running in the country. Monasteries, missionaries, Gurukuls also run in the country. This does not mean that they only provide religious education.Â
what was the matter
- Madrasa Act was enacted in Uttar Pradesh in 2004Â
- It said that all madrassas will be subject to government rulesÂ
- There are 24,500 madrasas in UP, of which 8,000 are not registered
- The remaining 16,500 madrasas are registered and run as per government rules
- There are 560 madrasas which run with state government funds
What was the argument of the madrasas
- Madrasas are running since 1908
- There are 16,500 madrasas in UP
- There are 17 lakh students studying in these
- There are 10 thousand teachers in madrasas
- If madrasas are closed then how will religious education be provided?
- Madrasas are running under the orders of the governmentÂ
- Their syllabus is being implemented in madrasas
What did the Supreme Court say…
While giving its verdict in the Madrasa Act case, the Supreme Court said that the Madrasa Board and the state government have sufficient powers to determine the standard of education. The government can regulate madrasas for quality education. While giving its verdict, the Supreme Court said, the legislative scheme of the Act is to standardize the level of education prescribed in madrasas. The Madrasa Act does not interfere with the day-to-day functioning of madrasas. Its purpose is to protect the rights of minorities in the state of Uttar Pradesh and it is in line with the positive obligation of the state to ensure that the students pass out and lead a decent life.
The first petition against the Act was filed in 2012
In 2004, the Mulayam Government implemented the Madrasa Act 2004. The first petition against it was filed in 2012. This petition was filed by Sirajul Haq, manager of Darul Uloom Wasia Madrasa, in the Lucknow Bench of Allahabad High Court. Then in 2014, Abdul Aziz, Secretary of Minority Welfare Lucknow, and in 2019, Mohammad Javed of Lucknow filed a petition.
After this, in 2020, Rajul Mustafa filed two petitions. In 2023, Anshuman Singh Rathore filed a petition. The nature of all the cases was the same. Everyone demanded the repeal of the Act. It was said that religious education is creating discrimination in the society. After this, the court merged all the petitions.
The High Court had said – Children of different religions cannot be discriminated against
On March 22, 2024, the Lucknow Bench of the High Court gave an 86-page verdict. The court declared the madrasa unconstitutional. Along with this, the UP government was asked to make a scheme and send the children of madrasas to government schools.
The court said- this is a violation of the principle of secularism. Children of different religions cannot be discriminated against. They cannot be provided different types of education on the basis of religion. If this is done then it will be a violation of secularism.
The Supreme Court had said – The High Court is not right prima facie
Madrasa Azizia Ijazutul Uloom manager Anjum Qadri had challenged the High Court’s decision in the Supreme Court. The first hearing was held in the Supreme Court on April 5, 2024. The court stayed the High Court’s decision.
The court had said- The High Court is not prima facie right. It would be wrong to say that this Madrasa Act violates secularism. Even the UP government had defended the Madrasa Act in the High Court. After this, a hearing was held in the Supreme Court on October 22 and the court had reserved the decision.
Religious education has never been a curse in the country…
The court said that it is not right to direct the transfer of madrasa students to another school. Religious education has never been a curse in the country. How are Buddhist monks trained? If the government says that they should be provided some secular education then it is the sentiment of the country.
Apart from this matter, the UP government had also conducted a survey of madrasas, let’s know
Actually, the UP government had received inputs from social organizations and security agencies that madrasas were being run illegally. On this basis, the Uttar Pradesh Council and Minority Minister had decided to conduct a survey. After this, a 5-member team was formed in every district. This included the District Minority Officer and the District School Inspector.
After this, a survey of madrasas was conducted from 10 September 2022 to 15 November 2022. This time limit was later extended till 30 November. In this survey, about 8441 madrasas were found in the state which were not recognized. The highest number of 550 unrecognized madrasas were found in Moradabad. After this, 525 madrasas were found in Siddharthnagar and 500 in Bahraich, 350 madrasas were found without recognition in Basti.
100 madrasas were not recognised in the capital Lucknow. Apart from this, 90 madrasas were found unrecognised in Prayagraj-Mau, 132 in Azamgarh and more than 85 madrasas were found unrecognised in Kanpur.
According to the government, there are currently 15 thousand 613 recognized madrasas in the state. In October 2023, the UP government formed an SIT to investigate madrasas. The SIT is investigating the foreign funding of madrasas.
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