The Uttar Pradesh government has enacted the UP Madrasa Board Education Act, 2004. The state government had also conducted a survey on madrassas in 2022.
The Supreme Court has upheld the validity of the UP Board of Madrasa Education Act. This means madrassas will continue to function in Uttar Pradesh and 17 lakh students studying in 16,000 madrassas will not be sent to government schools.
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Issuing the order on Tuesday, the Supreme Court rejected the ruling of the Allahabad High Court, in which the Madrasa Act was declared unconstitutional.
The Supreme Court said: All the provisions of the UP Madrasa Act do not violate fundamental rights or the basic structure of the Constitution.
However, the Supreme Court struck down the provision in the Madrasa Act according to which Madrasas had the right to decide the PG and research curriculum. This means that from now on the Madrasa Council will no longer be able to decide on the curriculum and textbooks of higher education.
On April 5, 2024, the Supreme Court had stayed the decision declaring the Madarsa law unconstitutional. A response has also been sought from the Central and UP governments on the matter.
This matter was heard on October 22, 2024 before Chief Justice DY Chandrachud. The chief justice had said: “Secularism means live and let live.”
The first petition against the law was filed in 2012. In 2004, the Mulayam government implemented the Madrasa Act, 2004. A petition was filed against this measure for the first time in 2012. This petition was filed by Sirajul Haq, principal of Darul Uloom Wasiya Madrasa, before the Lucknow bench of the Allahabad High Court. Then in 2014, Abdul Aziz, minority protection secretary in Lucknow, and in 2019, Mohammad Javed from Lucknow filed a petition.
After this, in 2020, Raijul Mustafa had filed two petitions. Anshuman Singh Rathore filed the petition in 2023. The nature of all the cases was the same. Everyone demanded the repeal of the law. It has been said: Religious education creates discrimination in society. After that, the court merged all the motions.
The High Court had said: “Children of different religions cannot be discriminated against. On March 22, 2024, the Lucknow bench of the High Court delivered an 86-page judgment. The court declared Madrassa unconstitutional. Along with this, the UP government was asked to come up with a plan and send madrassa children to government schools.
The court declared: “This is a violation of the principle of secularism. Children of different religions cannot be discriminated against. We cannot offer them different types of education on the basis of religion. If this happens, it will be a violation of secularism.
The Supreme Court had said: “The High Court is not prima facie right. The High Court’s decision was challenged in the Supreme Court by Anjum Qadri, director of Madarsa Azizia Ijazutul Uloom. The first hearing took place at the Supreme Court on April 5, 2024. The court stayed the High Court’s decision.
The Supreme Court had said: “The High Court is not prima facie right. It would be wrong to say that this law on Madrasas 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 reserved the decision.
Religious education has never been a curse in the country… The court said it was not correct to give instructions to transfer madrassa students to another school. Religious education has never been a curse in the country. How are Buddhist monks trained? If the government says they should have secular education, that is the spirit of the country.
This is a conceptual image. On March 22, the Allahabad High Court struck down the Madrasa Act, 2004.
Apart from this, the UP government had also conducted a survey on madrassas, let us know…. In fact, the UP government had received information from social organizations and security agencies that the madrassas were being run illegally. Based on this, the Uttar Pradesh Council and the Minister for Minorities had decided to conduct an inquiry. After this, teams of 5 members were formed in each district. This included a district minority officer and a district school inspector.
Subsequently, a survey of madrassas was conducted from September 10, 2022 to November 15, 2022. This deadline was later extended until November 30. In this survey, around 8441 madrassas were found in the state which were unrecognized. A maximum of 550 unrecognized madrassas have been found in Moradabad. After this, 525 madrassas in Siddharthnagar, 500 in Bahraich and 350 madrassas in Basti were found without recognition.
100 madrasahs were not recognized in the capital Lucknow. Apart from this, 90 madrasahs were found unrecognized in Prayagraj-Mau, 132 in Azamgarh and 85 in Kanpur.
According to the government, there are currently 15,000,613 recognized madrassas in the state. In October 2023, the UP government had constituted the SIT to probe madrassas. The SIT studies foreign financing of madrassas.
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