Allahabad HC declares UP Board of Madrasa Education Act 2004 'unconstitutional'

Lucknow: The Lucknow bench of the Allahabad High Court on Friday declared the UP Board of Madrasa Education Act 2004 as ‘unconstitutional’.

A division bench comprising Justice Vivek Chaudhary and Justice Subhash Vidyarthi declared the law as ultra vires and directed the Uttar Pradesh government to frame a scheme so that the students studying in madrasa can be accommodated in the formal education system.

The order came on a writ petition filed by one Anshuman Singh Rathore, challenging the vires of the UP Madrasa Board as well as objecting to the management of madrasa by the minority welfare department, both by the Union of India and state government, and other connected issues like Right of Children to Free and Compulsory Education (Amendment) Act, 2012.

There are said to be around 25,000 madrasas in Uttar Pradesh and over 16,500 are recognised by the UP Board of Madrasa Education.

Earlier in March, a special investigation team (SIT) had identified 13,000 illegal Madrasas along the UP-Nepal border in the state and submitted a report to the government, recommending the closure of these madrasas.

Meanwhile, the court verdict on Friday, has created uncertainty among the madrasa students in the state.

Asif Riyaz, a secondary level student in a madrasa in Lucknow, said, “We are worried about our future. We do not know how to continue our education because shifting to a new school will not be easy and adapting to a new system will be tougher. The court should have given at least two-three years for this.”