India

Supreme Court's Decision on Madrasa Act 2004

Apex Court Uphold the Decision of High Court

Anukkriti Tomar

Iftikhar Ahmed Javed, outgoing chairman of Uttar Pradesh Madrasa Education Board, said that it is the right of the Assembly to make changes in the Madrasa Act. It was not legally correct for it to be canceled by any judicial institution.

In a significant ruling on Tuesday, the Supreme Court has affirmed the Uttar Pradesh Madrasa Act. The court overturned the Allahabad High Court's decision, which had invalidated the Madrasa Act, causing uncertainty about the future of children in madrassas. This Supreme Court decision will directly affect approximately 2 million students attending around 25,000 madrassas in UP.

Iftikhar Ahmed Javed, the outgoing chairman of the Uttar Pradesh Madrasa Education Board, stated that the Assembly has the authority to amend the Madrasa Act. He argued that it was not legally proper for any judicial body to annul it. He suggested that the true facts might not have been presented to the Allahabad High Court in this case, leading to the court's incorrect stance and subsequent misunderstandings. However, with the Supreme Court's order, it is now evident that Madrasa education should not be deemed wrong or illegal.

A petition was submitted to the Allahabad High Court seeking to have Madrasa education deemed inappropriate. The petition argued that the state government's allocation of funds for religious education was unconstitutional. The court considered this concern legitimate and, after an extended legal process, ultimately ruled it illegal. However, upon appeal, the Supreme Court upheld the practice. Consequently, education will now proceed in all the madrassas of Uttar Pradesh.

The appeal claimed that children in madrassas receive solely religious education and are deprived of essential modern education. However, the Madrasa Education Board contended that all children receive equal initial education and can later choose to pursue religious studies, science, or other subjects according to their interests.

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