Secular Principles Upheld: Transfer of Students to Mainstream Schools Ordered
Uttar Pradesh, 23 March, 24: The Allahabad High Court has delivered a landmark verdict effectively prohibiting all government-funded madrasas across Uttar Pradesh, citing constitutional concerns and secular principles. This decision comes after months of scrutiny over Islamic educational institutions in the state, particularly focusing on foreign funding and their adherence to regulatory frameworks.
The ruling, pronounced by the Lucknow bench of the High Court, deems the Uttar Pradesh Madrasa Education Board Act of 2004 unconstitutional, marking a significant shift in the state's educational landscape. Under this legislation, the state government established the Uttar Pradesh Madrasa Education Board, exclusively catering to Muslim students and allocating fixed quotas for both Shia and Sunni Muslims.
The court's verdict strikes at the heart of Article 14 of the Indian Constitution, which guarantees equality before the law, highlighting the discriminatory nature of the board's composition and objectives. The ruling underscores the court's commitment to secularism and equal rights for all citizens, irrespective of religious affiliations.
The decision mandates the transfer of madrasa students to mainstream government schools, emphasizing the fundamental right to free and compulsory education guaranteed under Articles 21 and 21A of the Constitution. Additionally, the court criticized the practice of charging fees from students attending madrasas, contrary to the principles of free education.
Following the verdict, Dr. Iftikhar Ahmad Javed, Chairman of the Madrasa Board, expressed surprise at the ruling, asserting that the grants provided to madrasas primarily promote the study of Arabic, Persian, and Sanskrit, with a focus on Quranic and Hadith studies in Arabic and religious texts like the Puranas, Vedas, and Bhagavad Gita in Sanskrit. He clarified that the grants were not intended to propagate religion but rather to support the promotion of languages and literature.
However, the Chairman acknowledged the court's decision and pledged the government's cooperation in its implementation, albeit expressing reservations about potential misunderstandings regarding the role and objectives of madrasas in the state.
As Uttar Pradesh grapples with the implications of this landmark ruling, the fate of Islamic educational institutions hangs in the balance, prompting broader discussions about the intersection of religious freedom, constitutional rights, and state governance.