The Supreme Court recently suspended the Allahabad High Court's decision that deemed the Uttar Pradesh Madarsa Act as non-secular. This suspension effectively halts the High Court's directive to integrate 17 lakh students and 10,000 teachers from madarsas into the state's education system.
Previously, the Allahabad High Court had ruled that the Uttar Pradesh Board of Madarsa Education Act, 2004, was non-secular and had instructed the Uttar Pradesh government to assimilate the students into the mainstream education system.
A panel of three Supreme Court judges, led by Chief Justice DY Chandrachud, has issued notices to both the Central and Uttar Pradesh governments.
The Supreme Court stated that the High Court had misinterpreted the Madarsa Act's provisions, as they do not mandate religious instruction. The court further clarified that the establishment of the Madarsa board is regulatory in nature and does not inherently violate the principle of secularism, contrary to the Allahabad High Court's initial interpretation.
The Supreme Court noted that the original petition filed in the Allahabad High Court aimed to ensure secular education in madarsas. However, the Supreme Court argued that the solution is not to invalidate the legislation.
The Allahabad High Court's decision was in response to a petition by advocate Anshuman Singh Rathore, who questioned the constitutionality of the UP Madarsa Board.
The Supreme Court expressed concern that the High Court's order could adversely affect the educational future of the 17 lakh children involved. The court stated that this directive was not warranted on a prima facie basis.
The Madarsa Education Act, 2004, encompasses education in Arabic, Urdu, Persian, Islamic studies, philosophy, and other areas of learning as outlined by the Uttar Pradesh Board of Madarsa Education.
While nullifying the legislation, the Allahabad High Court had stated that the state should not show bias towards any religion in the execution of its duties.
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