NEW DELHI: The Supreme Court on Tuesday upheld the validity of Uttar Pradesh Board of Madrassa Education Act, which Allahabad high court had struck down as ‘non-secular’, ordering closure of madrassas. However, it said that state has a vital interest in regulating madrassas to improve standards of education.
The SC clarified that while regulating standards of education in madrassas, state can’t violate minority community’s right to establish and administer educational institution. The apex court said the HC erred in terming Madrassa Act unconstitutional as it only allowed government to regulate education standard.
The SC said madrassas granting certificates beyond Class XII – Kamil and Fazil – cannot be recognised by UP Madrassa Board as these are in conflict with the UGC Act. This means the 13,000-odd madrassas would continue to function in UP with the state regulating the education standards.
“The UGC Act governs the standards for higher education and a state legislation cannot seek to regulate higher education, in contravention of the provisions of the UGC Act,” the court said.
A bench of Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra reserved the verdict after hearing arguments from all the concerned parties in the case.
Hearing the case, the apex court described India as a “melting pot of cultures, civilisations and religions” and stressed taking steps to preserve it.”Ultimately we have to see it through the broad sweep of the country. Religious instructions are there not just for the Muslims. It is there in Hindus, Sikhs, Christians, etc. The country ought to be a melting pot of cultures, civilisations, and religions. Let us preserve it that way. The answer to ghettoization is to allow people to come to the mainstream and to allow them to come together. Otherwise, what we essentially would be doing is to keep them in silos,” observed the CJI.
Justice Pardiwala observed that the teaching of religion has not been prohibited by the Constitution. The bench said that such religious instructions are not unique to the Muslim community and other religions have the same too.
Muslim leaders and opposition parties welcomed the apex court’s ruling on madrassa law in UP, urging the government to consult stakeholders for any reforms. Jamiat Ulama-e-Hind’s legal advisor, Maulana Kab Rashidi, warned against unconstitutional actions, promising legal challenges if necessary.
BSP supremo Mayawati also praised the ruling, expressing hope it would end controversy over madrassa education and bring stability, especially in Uttar Pradesh.
Commenting on the top court’s decision, former CM and SP chief Akhilesh Yadav said, “It’s the UP govt which has been scolded the most by high court and Supreme Court. Time and again, the UP government has done unconstitutional work. It has forced the courts to interfere. I think all those decisions need to be turned down.”
