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UP News: Allahabad High Court Strikes Down UP Board Madarsa Education Act, 2004 as ‘Unconstitutional’

The UP Board of Madarsa Education Act 2024 has been found illegal by the Lucknow Bench of the Allahabad High Court, which cited infringement of fundamental sections of the Indian Constitution and the concept of secularism.

UP News: The UP Board of Madarsa Education Act 2024 has been ruled unconstitutional by the Lucknow Bench of the Allahabad High Court. The act is against the secularism concept, the court declared. Additionally, the court ordered the government of Uttar Pradesh to provide basic education to students enrolled in madrasas.

Writ Petition by Anshuman Singh Rathore

On a writ petition filed by Anshuman Singh Rathore, the court’s division bench, consisting of Justices Vivek Chaudhary and Subhash Vidyarthi of the Lucknow branch, declared the law extra vires. Rathore has protested to the Minority Welfare Department’s management of madarsa, as well as to the Union of India and state governments’ challenges to the legitimacy of the UP Madarsa Board.

Constitutional Violations Identified

The Allahabad High Court went on to say that the Madrassa Act, 2004 violates several fundamental provisions of the Indian Constitution, including Articles 14, 21, and 21-A, as well as Section 22 of the University Grants Commission Act, 1956. It also goes against the concept of secularism, which is a cornerstone of the Indian Constitution. Consequently, it is decided that the Madarsa Act of 2004 is unlawful.

Urgent Action Mandated by High Court

Due to the large number of Madarsas and Madarsa students in the state of Uttar Pradesh, according to High Court Justices Vivek Chaudhary and Subhash Vidyarthi, the state government is directed to take immediate action to accommodate these students in regular schools recognised by the Primary Education Board and schools recognised by the High School and Intermediate Education Board of State of Uttar Pradesh.

Call for Resurrection of Madrasa Board

General Secretary of the All India Shia Personal Law Board and prominent Shia religious figure Hazrat Maulana Yasoob Abbas made a statement in response to the High Court’s ruling on the Uttar Pradesh Madrasa Board. In it, he asked to the Yogi government to resurrect the Madrasa Board by the enactment of new legislation.

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