Allahabad HC declares UP Madarsa Act ‘unconstitutional’

Lucknow: In a landmark decision, the Allahabad High Court, on Friday, declared the Uttar Pradesh Board of Madarsa Education Act, 2004, as “unconstitutional” and in violation of the principle of secularism.

The court, presided over by a division bench comprising Justice Vivek Chaudhary and Justice Subhash Vidyarthi from the Lucknow branch, ruled in favor of a writ petition filed by Anshuman Singh Rathore, marking a significant shift in the state’s educational landscape. The petitioner, Rathore, challenged the constitutionality of the UP Madarsa Board and raised concerns regarding the management of madarsas by the Minority Welfare department, both at the Union and state levels. The verdict underscores the fundamental constitutional principles of secularism and equality in education.

In its judgment, the court highlighted the importance of ensuring equal educational opportunities for all citizens, irrespective of their religious affiliations. Justice Vivek Chaudhary said, “The essence of secularism lies in providing equal treatment to all religious communities. The existence of a separate board for madarsa education creates disparities and goes against the secular fabric of our nation.”

Echoing similar sentiments, Justice Subhash Vidyarthi stressed the need for integration and inclusivity in the educational framework.

“Education is the cornerstone of a progressive society. By integrating madarsa students into the formal schooling system, we uphold the principles of equality and pave the way for their holistic development,” remarked Justice Vidyarthi. The court’s ruling mandates the Uttar Pradesh government to facilitate the seamless transition of current madarsa students into the mainstream educational system.

This directive aims to ensure that every child receives quality education in line with constitutional values.