New Delhi: The Markazi Taleemi Board (MTB) in collaboration with All India Ideal Teachers Association (AIITA) and Federation of Muslim Educational Institutions (FMEI- India) organized an online lecture to review the recent court judgment on UP Madrasa Act 2004.

In his presidential address, Mujtaba Farooq, Member Central Advisory Council, Jamaat-e-Islami Hind, said, “Along with renewing the curriculum of schools, emphasis should also be placed on improving the quality of education. Along with religious studies, subjects like Mathematics, Science and English should be taught compulsorily”. He further said that “there is a need to be on a legally and constitutionally strong footing for the protection of Madrasas”.

Eminent research scholar Saadat Hussain while expressing his views on the topic, said, “The Allahabad High Court declared the UP Board of Madrasa Education Act 2004 unconstitutional and canceled it last month. The court said that this Act goes against the principles of secularism. Declaring the law unconstitutional, the Allahabad High Court directed the Uttar Pradesh government to come up with a plan for the education of students studying in madrasas run by the UP Madrasa Board and include them in the mainstream education system.”

Saadat Hussain said, “Then on April 5, 2024, about 17 lakh madrasa students studying in around 16,000 madrassas of Uttar Pradesh got a big relief from the Supreme Court of India. The apex court stayed the order of the Allahabad High Court. A bench headed by Chief Justice of India DY Chandrachud said “The object and purpose of Madrassa board is regulatory in nature and Allahabad high court is not prima facie correct that establishment of board will breach secularism. It (High Court judgement) conflates Madrassa education with the regulatory powers entrusted with the Board… The impugned judgment shall remain stayed.”

The audience was informed that Uttar Pradesh has about 25,000 madrasas, of which 16,500 madrasas are approved under the UP Madrasa Education Board. 560 madrasas receive grants from the government. Apart from this, 8500 madrasahs across the state are unrecognized. The UP Madrasa Education Board awards undergraduate and postgraduate degrees respectively under the names of Kamil and Fazil. Article 30 of the Constitution of India gives minorities the right to establish and manage educational institutions.”

Mr Hussain informed the audience that under Article 28, gives freedom to attend religious education in certain educational institutions established under an endowment or trust and administered by the state. Under Article 21A, the state will provide free and compulsory education to all children of the age of fourteen years. But presently, using different ways, there is a conspiracy in some states to dismantle the madrasas or to paralyze its body and soul.