Allahabad HC Declares Madarsa Education Unconstitutional

The ruling by the Allahabad High Court regarding the Uttar Pradesh Board of Madarsa Education Act, 2004, has sparked significant discussion and concerns among various stakeholders. The court’s decision to deem the act unconstitutional on grounds of violating secular principles has prompted reactions from different quarters.

Chairman of the UP Madrasa Education Board, Iftikhar Ahmed Javed, has expressed intentions to review the decision and determine the subsequent course of action. He highlighted potential consequences, especially for government-aided madrasas, suggesting that the ruling could lead to unemployment among teachers if the act is repealed.

The petitioner, Anshuman Singh Rathore, raised objections to the management of madrasas by the Minority Welfare Department instead of the education department, arguing that the Madarsa Act violates secularism and fails to provide quality compulsory education as mandated by Article 21-A of the Constitution.

Conversely, the state government counsel defended the Madarsa Board’s provision of religious education, asserting the state’s authority to impart such education under the Constitution.

The decision has evoked concern from Senior AIMPLB member Maulana Khalid Rashid Farangi Mahali, who advocates challenging the ruling in the Supreme Court to protect the constitutional rights of the Muslim community and the future of children studying in madrasas.

The potential ramifications of the ruling on the education landscape in Uttar Pradesh, particularly for madrasas and their students, underscore the significance of this legal development.

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