Supreme Court declares UP Madrasa Act constitutional, reverses Allahabad High Court's decision, relief to 17 lakh students
New Delhi. Lakhs of students studying in Madrassas of UP have got a big relief from the Supreme Court. The Supreme Court has canceled the decision of the Allahabad High Court, in which the court had declared the UP Madrasa Act against the Constitution.
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This decision on Madrasa Act has been given by the bench of Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Mishra. The bench said that the High Court's decision was not right. Along with this, the Supreme Court bench has also justified the Madarsa Act. With this decision of the Supreme Court, 16 thousand madrassas of Uttar Pradesh have got relief. This means that now madrassas will continue to function in UP.
The total number of madrassas in UP state is approximately 23,500. Of these, 16,513 madrassas are recognized. That means all of them are registered. Apart from this, about 8000 madrassas are unrecognized. Among the recognized madrassas, there are 560 which are aided. That means 560 madrassas are run with government money. Let us tell you that the Supreme Court had reserved the decision after completing the hearing on October 22. However, during the hearing, the CJI said that awarding degrees under Fazil and Kamil was not within the scope of the state. This violates the provisions of the UGC Act.
Why did the High Court cancel the law?
A person named Anshuman Singh Rathore had filed a petition in the Allahabad High Court against the Madrasa Board Law. Rathore had challenged the constitutional validity of this law. The High Court had given its verdict on this on March 22. The High Court had said that the UP Board of Madrasa Education Act 2004 is 'Unconstitutional' and violates the principle of secularism.
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Also, the state government was ordered to include the children studying in madrassas in the general schooling system. Allahabad High Court had said, 'Madrasa Law 2004 is a violation of the principle of secularism, which is part of the basic structure of the Constitution of India. The court had also said that the government does not have the authority to create a board for religious education or to create a board for school education for any particular religion.
What is Madrasa law?
This law was made in Uttar Pradesh in 2004. Under this, Madrasa Board was formed. Its objective was to organize Madrasa education. In this, education like Arabic, Urdu, Persian, Islamic Studies, Tibb (Traditional Medicine), Philosophy has been defined. There are 25 thousand madrasas in UP, out of which about 16 thousand are recognized by the UP Board of Madrasa. There are eight and a half thousand madrassas which have not been recognized by the Madrassa Board.
Madrasa Board awards under graduation degree under the name of 'Kamil' and post graduation degree under the name of 'Fazil'. Under this, diploma is also done, which is called 'Kari'. The board also conducts Munshi, Maulvi (10th class) and Aalim (12th class) examinations every year.
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