Published On: Fri, Mar 22nd, 2024

Allahabad HC declares UP madrasa law ‘unconstitutional

Lucknow: The Allahabad High Court on Friday declared the Uttar Pradesh Board of Madarsa Education Act, 2004, “unconstitutional” and violative of the principle of secularism.

Lucknow branch of the court declared the law ultra vires

A bench comprising Justice Vivek Chaudhary and Justice Subhash Vidyarthi also directed the Uttar Pradesh government to plan a scheme to accommodate students currently studying in Madrasas, into the formal education system.

The Lucknow branch of the court declared the law ultra vires on a writ petition filed by a person named Anshuman Singh Rathore.

The ruling comes months after the state government decided to survey the Islamic education institutions in the state. It had also formed a special investigation team (SIT) in October 2023 to probe madrassas’ funds from abroad.

Rathore had challenged the constitutionality of the UP Madarsa Board as well as objected to the management of madarsa by the Minority Welfare department, both by Union of India and the state government.

Following the decision of the double bench of the Allahabad High Court, all grants, i.e., financial aid received from the government, to the grant-in-aid madrasas will cease, and such madrasas will be abolished.

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