UP madarsa law 'unconstitutional, against secularism': High Court's big order

Allahabad High Court has declared the 'UP Board of Madarsa Education Act 2004' unconstitutional, citing it violates the principles of secularism.
UP madarsa law 'unconstitutional, against secularism': High Court's big order
Anjali Raj / Jaano Junction

The Allahabad High Court on Friday declared the Uttar Pradesh Board of Madarsa Education Act, 2004, "unconstitutional" and violative of the principle of secularism.

A bench comprising Justice Vivek Chaudhary and Justice Subhash Vidyarthi also directed the Uttar Pradesh government to plan a scheme to accommodate students currently studying in Madrasas, into the formal education system.

The Lucknow branch of the court declared the law ultra vires on a writ petition filed by a person named Anshuman Singh Rathore.

The ruling comes months after the state government decided to survey the Islamic education institutions in the state. It had also formed a special investigation team (SIT) in October 2023 to probe madrassas' funds from abroad.

Rathore had challenged the constitutionality of the UP Madarsa Board as well as objected to the management of madarsa by the Minority Welfare department, both by Union of India and the state government.

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UP madarsa law 'unconstitutional, against secularism': High Court's big order

Following the decision of the double bench of the Allahabad High Court, all grants, i.e., financial aid received from the government, to the grant-in-aid madarsas will cease, and such madrasas will be abolished.

Source: India Today

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