'Law Regulating Educational Institutions of Religious Community Are Not Against Secularism': Supreme Court
While hearing the challenge to strike down the ‘Uttar Pradesh Board of Madarsa Education Act 2004,’ the Supreme Court observed that a law regulating the educational institutions of a religious community cannot be considered a violation of secularism.
The challenge was heard by a bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Manoj Misra. The matter challenged the Allahabad High Court’s March 22 judgment striking down the ‘Uttar Pradesh Board of Madarsa Education Act 2004’ as unconstitutional.
CJI drew parallels to other similar statutes regulating religious affairs and pointed out that the Hindu Religious Endowments Charitable Institutions Act also provides proper administration of religious institutions. That does not offend secularism and this practice is followed in all states, he said.
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The court pointed out the state’s duty to ensure the quality of education given to young children. “The state govt also has a vital interest in ensuring that all children receiving primary and secondary education must get basic education to become worthy citizens”, it said.
Uttar Pradesh Board of Madarsa Education Act 2004 regulates and governs the functioning of Islamic educational institutions or madrasas in Uttar Pradesh. On April 5, 2024, a Supreme Court Bench by the CJI stayed the Allahabad High Court’s order declaring the act unconstitutional.
Uttar Pradesh is home to over 25,000 madrasas out of which the Uttar Pradesh Madrassa Education Board officially recognises 16,500. Out of these 560 receive government financial support. Also, 8,500 madrasas are unrecognized.
The Allahabad High Court observed that the Madrasa Act contravenes the fundamental tenets of secularism. The petitioners argued that the act does not ensure the provision of high-quality compulsory education up to the age of 14 years or Class VIII as mandated by Article 21-A.
