Supreme Court halts banning of UP Madrassas, says High Court misconstrued provisions of Madarsa Act

The Supreme Court on Friday suspended the Allahabad High Court order that had deemed the Uttar Pradesh Madarsa Act unconstitutional. This decision effectively stays the High Court's direction to integrate 17 lakh students and 10,000 teachers from madarsas into the state education system.

The Allahabad High Court had last month declared the Uttar Pradesh Board of Madarsa Education Act, 2004, violative of the principle of secularism, and called for the students to be accommodated in the formal schooling system. There are approximately 25,000 madarsas in Uttar Pradesh, with around 16,000 recognised by the Uttar Pradesh Madrassa Education Board.

A three-judge Supreme Court bench, led by Chief Justice DY Chandrachud, has issued notices to the Centre and the Uttar Pradesh government. The bench stated that the High Court had misinterpreted the Madarsa Act's provisions, which do not provide for religious instruction. The Supreme Court maintained that the establishment of the Madarsa board is regulatory in nature and does not violate secularism.

The Supreme Court noted that the Allahabad High Court petition was intended to ensure that madarsas provide secular education, but striking down the legislation was not the correct remedy. The High Court order, according to the Supreme Court, would adversely affect the education of the 17 lakh children.

The Madarsa Education Act, 2004, includes education in Arabic, Urdu, Persian, Islamic-studies, philosophy and other branches of learning as specified by the Uttar Pradesh Board of Madarsa Education. The Allahabad High Court had stated that the state cannot discriminate between religions while performing its duties while striking down the legislation.

Also read: India's Foreign exchange reserves reached an all-time high, announces RBI governor