The Supreme Court of India order comes as a big relief to about 17 lakh students studying in 16,000 madrasas in UP.
New Delhi: The Supreme Court’s decision to put on hold the banning of Uttar Pradesh (UP) madrassas is significant for the approximately 17 lakh students enrolled in these institutions. The Allahabad High Court had earlier declared the UP Board of Madarsa Education Act, 2004, as unconstitutional on grounds of violating secularism. This decision by the high court had raised concerns about the fate of the 16,000 madrassas operating under this law.
Key Points:
- Relief for Students: The Supreme Court’s decision provides relief to the vast number of students studying in madrassas across Uttar Pradesh. The continuation of the 2004 law means that these institutions can operate as usual without disruptions.
- Legal Scrutiny: The Supreme Court bench, led by Chief Justice of India DY Chandrachud, found the Allahabad High Court’s decision to be prima facie incorrect. The Court issued notices to the Uttar Pradesh and central governments, as well as the Madrassa board, signaling a deeper legal examination of the matter.
- Purpose of the Madrassa Board: The Supreme Court highlighted that the objectives of the Madrassa Board are primarily regulatory and do not inherently compromise secularism. The Court emphasized that merely establishing the board does not violate the principle of secularism.
- Concerns About Relocation: The Chief Justice expressed concerns about the high court’s directive to relocate madrassa students to other schools. The Court felt that such a move would adversely affect the 17 lakh students and deemed it unnecessary.
- PIL and Secular Education: The Supreme Court hinted that if the aim behind the Public Interest Litigation (PIL) was to ensure that madrassas offer secular education in subjects like mathematics, science, history, and languages, then repealing the provisions of the Madarsa Act 2004 would not be the appropriate solution.
In conclusion, the Supreme Court’s decision to temporarily halt the banning of UP madrassas upholds the rights of students to continue their education under the existing legal framework. It also sets the stage for a more comprehensive legal debate on the role and regulations governing madrassas in India, balancing the principles of secularism with educational rights.
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