The Supreme Court is set to announce its decision on November 5 regarding the constitutionality of the Uttar Pradesh Board of Madarsa Education Act, 2004. The ruling could reshape religious education in India and the balance between secularism and cultural diversity, impacting around 17 lakh madrasa students.
New Delhi: The Supreme Court is expected to announce its decision tomorrow, November 5 regarding a batch of petitions challenging the Allahabad High Court’s judgment that deemed the Uttar Pradesh Board of Madarsa Education Act, 2004 unconstitutional. The Allahabad High Court had previously struck down the Act in March 2023, calling it “unconstitutional” and inconsistent with the secular principles enshrined in the Indian Constitution. The ruling had significant implications, as it ordered the state to accommodate madrasa students in the formal education system, affecting nearly 17 lakh students across Uttar Pradesh.
On April 5, a Supreme Court bench led by Chief Justice D.Y. Chandrachud, along with Justices J.B. Pardiwala and Manoj Misra, temporarily stayed the High Court’s ruling, providing a reprieve for madrasa students while the matter was being reviewed. During hearings in October, the bench listened to extensive arguments from several senior advocates, with CJI Chandrachud emphasizing the essence of secularism, stating, “Secularism means – live and let live.”
Madrasa Regulation and Secularism
The key issue under deliberation is whether regulating madrasas, institutions imparting religious education, aligns with India’s secular framework. The Allahabad High Court’s ruling had suggested that enforcing regulations on madrasas conflicted with secular principles, urging the government to bring madrasa students into the mainstream formal schooling system. However, the Uttar Pradesh government, represented by Additional Solicitor General K.M. Natraj, defended the 2004 Act, asserting that the High Court had overreached by declaring the entire law unconstitutional.
The Chief Justice, while addressing the matter, highlighted that “composite national culture” is intrinsic to India’s identity, stating, “You cannot wish away several hundred years of history of this nation like this.” He questioned the practicality of dismantling a long-standing educational structure, suggesting that doing so could lead to increased isolation of madrasa students rather than fostering their integration. “Is it not in our national interest that you regulate the madrasas?” he asked the state, pointing to the necessity of standards and quality control in educational institutions, even those providing religious instruction.
“A Melting Pot of Cultures”
During the hearings, the Supreme Court bench underscored the importance of preserving India as a multicultural, secular nation. Chief Justice Chandrachud remarked, “The country ought to be a melting pot of cultures, civilizations, and religions. Let us preserve it that way.” The CJI argued that allowing madrasas to continue with basic standards would prevent isolation and encourage broader cultural integration, stressing that religious education is present across various communities in India and is not unique to any single group.
Furthermore, the bench noted that overturning the entire madrasa law would equate to “throwing out the baby with the bathwater,” potentially leaving madrasas unregulated and their students excluded from mainstream society. The court maintained that religious instructions, when regulated, do not conflict with India’s secular character, stating that “religious instructions are there not just for Muslims, but for Hindus, Sikhs, Christians, etc.”
The Impending Verdict
The Supreme Court’s impending verdict has the potential to reshape the future of religious education and secularism in India. Senior advocates, including Abhishek Manu Singhvi, Salman Khurshid, and Menaka Guruswamy, argued on behalf of the petitioners, while the Uttar Pradesh government stood by its law, emphasizing the need for regulation over abolition. With the final judgment reserved, the country now awaits the Court’s decision on balancing secularism with cultural diversity, and whether madrasas will remain part of India’s formal educational landscape.
The verdict will likely set a significant precedent on the regulation of religious institutions within a secular framework, impacting not just madrasa students but also the broader debate on education, religion, and governance in India.
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