The Lucknow Bench of the Indian state of Uttar Pradesh’s (UP) Allahabad High Court (AHC) has ruled that a Uttar Pradesh state legislation for the establishment and regulation of Islamic education schools, referred to as Madarsas, is unconstitutional. The court determined the Uttar Pradesh Board of Madarsa Education Act, 2004, or the Madarsa Act, was unconstitutional due to its violation of the principles of Secularism and several articles of the Constitution of India, including the “Right to Equality” under Article 14 and “Right to Life and Education” expressed in Articles 21 and 21-A. It also contravened Section 22 of the University Grants Commission Act, 1956.
Following the ruling, it was ordered by the court that the State Government of Uttar Pradesh must immediately start integrating Madarsa students into recognized secular schools, with the aim of ensuring there are enough additional seats available. Where necessary, it should consider establishing new schools to ensure children aged between 6 to 14 years are not left without options for admission.
Maulana Khalid Rasheed Farangi, a member of the All India Muslim Personal Law Board, has announced his disappointment with the judgment, calling for it to be appealed in Supreme Court. On his Twitter, he stated his belief that justice will ultimately be served.
Historically, these Madarsas have been operating privately without state recognition, continuing to provide education on the local level since before Indian independence in 1947. In 1969, rules were introduced by the state government to standardise Arabic and Persian Madarsas, which set criteria such as infrastructure, financial status, and teaching capabilities.
The Madarsa Act was introduced to address the challenges facing Madarsas under these non-statutory rules, establishing a Board of Madarsa Education in the state in a bid to improve the quality of education for students. Madarsas, as traditional forms of Islamic education, focus on various aspects of Islam, including the Quran, Islamic law (Sharia), theology, and the Arabic language, with reports suggesting there are around 24,000 Madarsas in India.
This ruling is an important development in the approach to educational legislation, demonstrating new scrutiny of a system that has existed for centuries. It remains to be seen how this will effect the education landscape in Uttar Pradesh, and potentially wider India.