Jurist India Supreme Court stays high court order regarding creation and regulation of Islamic schools

[Dadparvar]

The Indian Supreme Court stayed the Uttar Pradesh state’s Allahabad High Court’s (AHC) order on Friday, holding Uttar Pradesh state legislation for the establishment and regulation of Islamic education schools, called Madarsas, is unconstitutional.

The Supreme Court bench, comprising the Chief Justice of India (CJI), stayed the AHC order while hearing a batch of petitions against the ruling. The CJI reportedly remarked:

The HC in striking down the provisions of the Act directed the relocation of the students. This would effect the 17 lac students, we are of the view that direction of relocation of students to other school was not warranted. ….states shall filed counter on or before 30 June 2024. SLP be listed for final disposal on 2nd week of June 2024. The impugned order and judgement of the HC dated 22 March 2024 shall remain stayed.

Salman Khurshid, a senior advocate and leader from India’s largest opposition party, the Indian National Congress (INC), talked to the press and shared information regarding the order. He added:

It’s a far-reaching position that the Supreme Court has taken examining the purpose of Madarsa board, the background of Madarsa education; the fact that Madarsa education is not entirely about religion or about religious studies but has a lot to do with other important modern subjects. Keeping that in mind and the extent of dislocation, they have come to the conclusion that this matter should be heard in July. Till then, everything will remain state.

On the other hand, Uttar Pradesh Board of Madarsa Education chairman Iftikhar Ahmed Javed welcomed the stay on the AHC ruling. He remarked:

I heartily welcome the decision of the Supreme Court. I congratulate everyone involved in this case, and who took the case to Supreme Court against the High Court orders. I would also congratulate the principal, teachers and students enrolled in UP’s Madarsa. The Madarsa is working to increase the literacy rate in the state and will continue to do so.

According to the “Statement of Object and Reasons” of the Uttar Pradesh Board of Madarsa Education Act, 2004, the state government established the Minority Welfare Department in 1995, transferring responsibilities for minority institutions and Madarsas from the Education Department to this new department. Subsequently, in 2004, the Madarsa Act was passed to address the issues that Madarsas faced under the previous regulations. The act aimed to create a Board of Madarsa Education in the state to improve the quality of education and facilities for Madarsa students.

Madarsas are Islamic educational institutions where students study the Quran, Sharia, theology, and Arabic. For centuries, many Muslim-majority countries have used them as a traditional form of education. Madarsas typically emphasize memorizing the Quran and Islamic scholars’ teachings. They differ in curriculum and focus, with some offering a broad education and others focusing solely on religious studies. There are an estimated 24,000 Madarsas in India.

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