Allahabad HC strikes down Madarsa Education Act 2004

On Friday, the Allahabad Court declared the UP Board of Madarsa Education Act 2004 unconstitutional, violating the principle of secularism.

Justice Vivek Chaudhary and Subhash Vidyarthi directed the Uttar Pradesh government to frame a new scheme so that the students studying in Madarsa can have access to the formal education system.

The government made this decision after surveying Islamic educational institutions in the state, and also formed an SIT in October 2023 to probe madarsa funds from abroad. Anshuman Singh Rathode challenged the vires of the UP Madarsa Education Act 2004. He raised objections to the management of Madarsa by the Minority Welfare Department, both by the Union of India and the State Government, and other related issues.

The Allahabad High Court justices decided to stop government funding to grant-in-aid madrasas and ordered the abolition of such madrasas.

In December 2023, the division bench raised concerns about the need for transparency in the administration of educational institutions and the bigger issue of whether such decisions are in line with the rules of equal opportunity and secular governance.

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