UP Board of Madarsa Education Act is Unconstitutional

Lucknow bench of the Allahabad High Court ruled the Uttar Pradesh Board of Madarsa Education Act, 2004, as ‘unconstitutional’ and instructed the state government to find alternative accommodations for students enrolled in Madarsas within other educational institutions.

Allahabad High Court Ruled the UP Board of Madarsa Education Act

A division bench comprising Justice Vivek Chaudhary and Justice Subhash Vidyarthi issued the ruling in response to a petition filed by Anshuman Singh Rathore, contesting the constitutional validity of the Act and specific provisions of the Right of Children to Free and Compulsory Education (Amendment) Act, 2012.

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The verdict was delivered several months subsequent to the state government’s initiative to conduct a survey of Islamic educational institutions within the state. Additionally, in October 2023, a Special Investigation Team (SIT) was established to investigate the foreign funding of Madarsas.

Investigation Findings Suggested Taking Action Against Over 8,000 Madarsas

The investigation findings suggested taking action against over 8,000 Madarsas. As per the SIT report, approximately 80 Madarsas situated in border areas had received foreign funding amounting to approximately ₹100 crores.

In December of the previous year, a division bench expressed apprehensions regarding potential occurrences of arbitrary decision-making and emphasised the necessity for transparency in the management of such educational establishments.

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The Act allows Madarsas to operate under the purview of the state minority welfare ministry. This raises the question of whether it is arbitrary to have Madarsa education administered by the minority welfare department, while all other educational institutions, including those of other minority communities such as Jains, Sikhs, Christians, etc., are overseen by the education ministry.