The verdict of the Lucknow High Court has revealed that the act passed in Uttar Pradesh’s state legislature in 2004, the Madarsa Education Act, 2004, is not compliant with the constitution. The court instructs the state government to find reseating opportunities for students studying in the Madarsas.
The petition was filed by Anshuman Singh Rathore, who wanted the court to annul the Tenant Protection Act and some parts of the RTE (Right of Children to Free and Compulsory Education) Act 2012. A division bench of Justice Vivek Chaudhary and Justice Subhash Vidyarthi attended to all the issues and reasons put forward and eventually gave their judgment.
This judgment was made right when the state government decided to hold polls of Islamic institutions under the jurisdiction of Uttar Pradesh. On 15th October 2023, there is the formation of the COP – foreign funding of Madrasas at SIT. The SIT’s referred report appeared with a certain fact that such an amount of ₹100 crores was received by lazy app 80 madrasas, which were located in border areas.
This ruling highlights a crucial matter concerning the governance and openness of the educational institutions whose market the college/university could control. Putting time hearings has demonstrated that the Board’s way of operating is different in this case. The Madrasa Board comes under the minority welfare ministry, not the Department of Education. Equality in Madarsa education is a matter of concern since the evidence shows the less valued nature of Madarsa education compared to other educational institutions affiliated with different minority communities.
The Allahabad High Court’s Lucknow Bench’s decision on this issue brings us closer to whether to hold madrasas in the state’s control or not. From now on, the district administration has to deal with the place to shift the Madarsa students but keep the court’s decision as well.
