Supreme Showdown: Legal Dance of UP Madrasa Act Between Secularism and Tradition
NEW DELHI, Nov. 5, 2024: The Supreme Court of India is likely to pronounce today its verdict on petitions challenging the Allahabad High Court declaration that the Uttar Pradesh (UP) Madrasa Act is unconstitutional. On March 22 this year, the Allahabad High Court had declared the Act as unconstitutional on grounds of secularism, holding government funding of madrasas in violation of the principle of secularism.
The Supreme Court bench, headed by Chief Justice D.Y. Chandrachud, Justice J.B. Pardiwala, and Justice Manoj Mishra, had earlier placed an interim stay on the High Court's decision on April 5. After a long and detailed hearing on October 22, the bench has now reserved its judgment, keeping the UP government waiting for the final ruling.
Government Stance Not to Repeal Entire Act
The Uttar Pradesh government made it clear that it does not want to repeal the Madrasa Act in its entirety. The government has shown willingness to reconsider some of the clauses of the Act. Before the High Court, the government argued that if the Act were to be completely abolished, 1.7 million madrasa students and 10,000 teachers would fall silent. State authorities also claimed that the madrasas provide education in both Islamic and secular subjects under the standard of the state's education system.
Impact on Madrasas and Education
The protesting students of the High Court verdict said that 16,500 madrasas are registered under the UP Madrasa Education Board and out of those, only 560 get government funds. The petitioners claimed that such institutions impart a well-balanced curriculum, comprising science, mathematics, and computer education along with religious study. They said that an overall strike against the Act would hamper the study of millions of students and it would result in great socio-economic implications.
Changes Under Yogi Adityanath Government
The UP government, under Yogi Adityanath, changed the madrasa syllabus in 2018 and made it mandatory for all the recognized madrasas to study science, mathematics, and computer studies besides religious education. The State Council of Educational Research and Training offered textbooks for the above-mentioned subjects. It was done to bring the education system of the madrasas into modernity and at par with mainstream education standards.
The UP government at the beginning of this year surveyed all madrasas within the state very rigorously. They segregated all these madrasas into institutions of recognized and unrecognized institutes. According to the report given by the survey report, around 23,500 madrasas had got registered; out of these, 16,513 madrasas were recognized institutions of the government whereas nearly 8,000 are not recognized ones. At the district level also the number of madrasas has been reported, in which it proves that to what extent religious educational institutes in the state network have taken their shape.
Legal and social Consequences
What the Apex Court's judgement has set in motion is an expectation, much of which is going to affect education in Uttar Pradesh. The votaries of High Court judgement argue that state finance to religious schools creates a sorry state of affair for the secular base of India. Proponents of Madrasa Act claim that it is essential for the proliferation of madrasas as they must perform the vital function of imparting education where the mainstream sector is held back by social concerns. The Madrasa Act ensures that secular subjects are included and given due importance in the syllabi of the madrasas.
It will be watched closely by various stakeholders, including educationists, religious leaders, and civil society organizations. A verdict in this case not only will decide the legality of the UP Madrasa Act but also set a precedence for the regulation and funding of religious educational institutions throughout India.
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