Lucknow: The 'UP Board of Madarsa Education Act 2004' has been ruled unconstitutional by the Allahabad High Court (Lucknow Bench), a major verdict that violates the tenet of Secularism.
Additionally, the court ordered the government of Uttar Pradesh to provide basic education to students enrolled in madrasas.
On a writ petition filed by Anshuman Singh Rathore, the court's division bench, consisting of Justices Vivek Chaudhary and Subhash Vidyarthi of the Lucknow branch, declared the law extra vires.
Rathore has protested to the Minority Welfare Department's management of madarsa, as well as to the Union of India and state governments' challenges to the legitimacy of the UP Madarsa Board.
The Allahabad High Court went on to say that the Madrassa Act, 2004 violates several fundamental provisions of the Indian Constitution, including Articles 14, 21, and 21-A, as well as Section 22 of the University Grants Commission Act, 1956.
High Court Justices Vivek Chaudhary and Subhash Vidyarthi stated that since there are many Madarsas and Madarsa students in the state, the state government is required to take immediate action to provide accommodations for these students in regular schools accredited by the Primary Education Board and schools recognised under the High School and Intermediate Education Board of State of Uttar Pradesh.
General Secretary of the All India Shia Personal Law Board and prominent Shia religious figure Hazrat Maulana Yasoob Abbas made a statement in response to the High Court's ruling on the Uttar Pradesh Madrasa Board. In it, he asked to the Yogi government to resurrect the Madrasa Board by the enactment of new legislation.
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