The Uttar Pradesh Madarsa Education Act of 2004 has been deemed unconstitutional by the Lucknow Bench of the Allahabad High Court. The bench, comprising Justice Vivek Chaudhary and Justice Subhash Vidyarthi, issued the directive, instructing the state government to transfer students studying in madrasas to other schools.
The order from the High Court comes after Anshuman Singh Rathore filed a petition challenging the validity of the act. The petition also cited provisions of the Right of Children to Free and Compulsory Education (Amendment) Act, 2012.
This ruling follows the state government’s initiative to conduct a survey of existing madrasas and Islamic educational institutions in the state. Additionally, a Special Investigation Team (SIT) was formed in October 2023 to investigate the funding of madrasas.
The SIT’s report recommended action against 8000 madrasas, highlighting the disclosure of foreign funding amounting to 100 crore rupees for madrasas located near the border. Last December, the Division Bench also noted a lack of transparency in the administration of these madrasas.
Furthermore, the UP Madarsa Education Act grants madrasas exemption to operate under the State Minority Welfare Ministry. The court questions why madrasas, unlike educational institutions for other minorities such as Jains, Sikhs, and Christians, fall under the jurisdiction of the State Minority Welfare Ministry instead of the Education Ministry.”
