The Uttar Pradesh government informed the Supreme Court that the Madrasa Education system is misaligned with mainstream education. The Madrasa Education system emphasizes religious studies. They further added that students from these establishments can only qualify in jobs requiring class 10 and 12 pass qualifications.

The assertion came amid the ongoing appeals challenging the Allahabad High Court’s decision to suppress the Madrasa Education Act of 2004.

NCPCR Raised Questions on Madrasa Education

The National Commission for Protection of Child Rights (NCPCR) has submitted an affidavit to the Supreme Court. The affidavit claims that the Uttar Pradesh Board of Madrasa Education Act, 2004 lacks comprehensiveness. The commission condemned that the Act violates “the principle of secularism” and the fundamental rights guaranteed under Article 14 of the Constitution.

The NCPCR pointed out that Madrasa education contradicts the provisions established by the Right to Education Act, of 2009. The commission told the court that madrasas are infringing children’s fundamental right to quality education.

What is Uttar Pradesh Madrasa Education Act?

The Uttar Pradesh Board of Madrasa Education Act, was introduced in 2004. The aim was to regulate madrasa education by including subjects such as Arabic, Urdu, Persian, Islamic studies, Tibb (traditional medicine), philosophy, and other specified disciplines.

In Uttar Pradesh, there are approximately 25,000 madrassas. Out of these about 16,500 are officially recognized by the Uttar Pradesh Madrassa Education Board.

Madrasas offer Kamil and Fazil degrees

The Madrasa Education Board confers undergraduate and graduate degrees, known as Kamil and Fazil, respectively. It also offers certificates, academic honors, and diplomas known as Qari. The Board is responsible of choosing the curriculum for classes, and other teaching materials for courses like Tahtania, Fauquania, Munshi, Maulvi, Alim, Kamil, and Fazil.

Why did the Allahabad Court Called the Act Unconstitutional?

The Uttar Pradesh Board of Madrasa Education Act, 2004 was declared “unconstitutional” violating the principle of secularism by the Allahabad Court. The Madrasa Act, as per the court, breaches the core ideas of secularism, which is a cornerstone of the Constitution.

It further emphasized that the Act does not meet Article 21-A’s requirement. The Article states the high-quality education is compulsory to up to 14 years of age or Class VII

The decision of the Allahabad High Court was challenged in the Supreme Court

The joint secretary of the Uttar Pradesh government’s Minority Welfare and Muslim Waqf Department, Shakeel Ahmed Siddiqui has filed an affidavit with the Supreme Court, responding to the appeals against the Allahabad HC’s verdict.

The HC annulled the UP-Madrasa Education Board Act, 2004, because it violated secularism and fundamental rights. Furthermore, the state government directed to include students from madrasas in mainstream schools.