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Allahabad High Court declared the Uttar Pradesh Board of Madarsa Education Act, 2004, as unconstitutional

  • Writer: M.R Mishra
    M.R Mishra
  • Mar 24, 2024
  • 1 min read

Updated: Apr 20, 2024

The Uttar Pradesh Board of Madarsa Education Act, passed in 2004, established a separate board to oversee madrasas, Islamic institutions that primarily focus on religious education.


The Court's Decision:

  • A writ petition challenging the Act's constitutionality was filed by Anshuman Singh Rathore.

  • On Friday, the Lucknow bench of the Allahabad High Court declared the Act "unconstitutional".

  • The court's reasoning focused on the Act violating India's secular principles:

  • The state shouldn't favor one religion by having a separate board for madrasas.

  • This creates an unequal playing field compared to mainstream schools.

  • The court also pointed out that the Act didn't ensure compliance with the Right to Education Act (RTE Act) guaranteeing quality education up to class 8.


Impact:

  • The court directed the Uttar Pradesh government to develop a plan to integrate current madrasa students into the formal education system.

  • This has significant implications for thousands of madrasa students who might need support transitioning to mainstream schools.


Unresolved Issues:

  • The court's decision is likely to be appealed, so the final verdict is yet to be determined.

  • How the integration of madrasa students will be achieved and what kind of support they'll receive remains to be seen.


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