By Syed Zubair Ahmad
The recent judgement of the Allahabad High Court regarding the Uttar Pradesh Madrasa Act, 2004, hasĀ raised crucial questions about the future of madrasa students and teachers. Justice Katju’s statement, “Something is rotten in the State of Denmark,” resonates deeply in this context, highlighting the critical flaws in the judicial decision that affects thousands of lives.
The Allahabad High Court’s ruling declared over 16,000 recognised and 8,000 unrecognized madrasas unconstitutional, citing a violation of the principle of secularism. This decision has profound implications, rendering 10,000 teachers jobless and leaving 26 lakh students in uncertainty about their educational prospects.
The Sachar Committee report underscores the educational backwardness of Muslims in India, comparing their situation with that of Dalits. Madrasa students often belong to the most marginalized sections of the Muslim community, further exacerbating the impact of this judgement on their futures.
The High Court’s judgement, articulated in an 86-page document, found the Madrasa Act in violation of fundamental constitutional principles, including Articles 14, 21, and 21-A, as well as Section 22 of the University Grants Commission Act, 1956. The denial of modern and quality education in madrasas was deemed unconstitutional, especially in light of the constitutional mandate for free and compulsory education for all children aged six to 14.
One significant aspect to note is the allocation of grants for oriental languages (Arabic, Persian, and Sanskrit). While Vedic schools fall under the state education department, madrasas have been governed by the minority department and the Arbi-Farsi Board since 1996, later evolving into the Madrasa Board.
The judgement raises several critical questions:
- Instead of closing madrasas, why didn’t the High Court order the UP government to upgrade these institutions and provide better facilities?
- While the HC mentioned rehabilitating madrasa students, what about the future of madrasa teachers?
- What will happen to government land and the infrastructure of these madrasas?
- How will the state transfer madrasa students to regular schools promptly?
- How will students with different educational backgrounds from madrasas integrate into the modern education system?
- Is it feasible to accommodate 27 lakh students in government-run schools?
- Who will provide food and other necessities that many madrasas currently offer for free?
- Why didn’t the Court allow the government sufficient time to make proper arrangements for madrasa students?