The Supreme Court granted a major relief to approximately 17 lakh madrassa students in Uttar Pradesh by putting on hold an Allahabad High Court order that invalidated the UP Board of Madarsa Education Act, 2004. This decision allows around 16,000 madrassas in the state to continue operating under the 2004 law.
A bench led by Chief Justice of India D Y Chandrachud stated that the high court’s decision appeared prima facie incorrect and asked the Uttar Pradesh government to respond. The court issued notices to the Madrassa board, as well as the central and UP governments, scheduling further hearings for the second week of July.
The Allahabad High Court had recently deemed the 2004 law “unconstitutional” for allegedly violating the principle of secularism and ordered the government to integrate madrasa students into the formal education system. However, the Supreme Court suspended this ruling on Friday, reasoning that the objectives of the Madrassa Board are regulatory and do not compromise secularism.
CJI Chandrachud emphasized that the issues raised require careful consideration, highlighting that the judgment could impact the future of 17 lakh students in 16,000 madrassas. The court noted that subjects such as mathematics, science, and social studies are also taught in madrassas.
While the central and state governments supported the high court’s decision in the Supreme Court, arguing that the potential entanglement of religion must be addressed, senior advocate Abhishek Manu Singhvi, representing the madrassas, contended that religious education should not be equated with religious instruction. He argued that the high court’s order would disrupt the lives of 10,000 madrassa teachers and 17 lakh students.
The state government asserted that it has made arrangements for the affected teachers and students. Singhvi further argued against the notion that madrassa education lacks quality, universality, or broad-based learning, asserting that singling out madrassas for a ban is discriminatory, citing previous Supreme Court rulings.
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