BREAKING | “UP Madarsa Law Unconstitutional, Violates Secularism”: Allahabad High Court

The Allahabad High Court Today (March 22nd) declared Uttar Pradesh Board of Madarsa Education Act, 2004 as unconstitutional.

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BREAKING | "UP Madrasa Law Unconstitutional, Violates Secularism": Allahabad High Court

Lucknow: The Allahabad High Court Today (March 22nd) declared the Uttar Pradesh Board of Madarsa Education Act, 2004, “unconstitutional” and violative of the principle of secularism.

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 plea filed by one Anshuman Singh Rathore challenged the legality of the UP Board of Madarsa Education Act, 2004 and certain provisions of the Right of Children to Free and Compulsory Education (Amendment) Act, 2012.

BREAKING | "UP Madrasa Law Unconstitutional, Violates Secularism": Allahabad High Court

During previous hearings, the High Court had raised inquiries directed at both the Union of India and the State government regarding the rationale behind operating the Madrasa Board under the purview of the Minority Department instead of the Education Department of the state.

Further, the Court had expressed apprehensions about potential instances of arbitrary decision-making and stressed the importance of transparency in the management of educational institutions.

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.

Click Here to Read Previous Reports on Madrasa’s

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Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

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