New Delhi [India], April 5 (ANI): After the Supreme Court stayed the Allahabad High Court’s March 22 judgement striking down ‘UP Board of Madarsa Education Act 2004’, senior advocate and Congress leader Salman Khurshid on Friday said that “it’s a far-reaching position” that the Supreme Court has taken to examine in great detail, adding that Madrasa education is not fully and entirely about religion or religious studies but has a lot to do with other important modern subjects.
The Supreme Court on Friday stayed the Allahabad High Court’s March 22 judgement striking down ‘UP Board of Madarsa Education Act 2004’ as unconstitutional and violative of secularism and fundamental rights.
“It’s a far-reaching position that the Supreme Court has taken examine in great detail, exactly the purpose of the Madrasa Board and the background of Madrasa education. The fact that Madrasa education is not fully and entirely about religion or religious studies but has a lot to do with other important modern subjects,” Salman Khurshid told reporters.
He further said that the Court has come to the conclusion that this matter should be heard in July.
“Keeping that in mind and to the extent of dislocation that would be suffered by the students and 10 thousand teachers, the Court has come to the conclusion that this matter should be heard in July, till then, everything will remain stayed including the judgement of the High Court,” he added.
All India Muslim Personal Law Board (AIMPLB) member Maulana Khalid Rasheed Farangi Mahali welcomed the Supreme Court judgement.
“We welcome this judgement… In UP, approx. 17 lakh students are getting education under the Madrasa Board. Thousands of teachers and other staff are involved in it. It was a big question mark on their future that created a kind of distress in the people. After the Supreme Court stayed it today, people are happy. Today’s development is a positive development. The judgement is historical,” an AIMPLB member said.
Meanwhile, UP Minister Danish Azad said that they would study the decision of the SC and said that whatever guidelines we have received for Madrasa education, we will definitely try to work on them.
“We all will study the decision of the SC. And whatever guidelines we have received for Madarsa education, we will definitely try to work on them… 2017 onwards, our government has taken good steps for Madarsa education, to make it better in every way. We have worked to mainstream the students of a madarsa,” the UP Minister said.
A bench of Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra said the finding of the Allahabad High Court that the establishment of a Madarsa board breaches the principles of secularism may not be correct.
The top court said the High Court judgement would affect 17 lakh students, and it is of the view that direction of relocation of students to another school was not warranted.
“The object and purpose of the Madarsa board are regulatory in nature and the Allahabad High Court is not prima facie correct that the establishment of the board will breach secularism. It (the High Court judgement) conflates Madarsa education with the regulatory powers entrusted with the Board… The impugned judgement shall remain stayed,” the top court said.
It also issued notice to the Uttar Pradesh government on appeals challenging the High Court March 22 order and posted the matter for hearing in July 2nd week.
The apex court also noted that the High Court appears to have misconstrued the provisions of the Madarsa Act, since it does not provide only for religious instruction. It said the purpose and nature of the Act is regulatory in nature.
In the order, the bench stated, “In striking down the Act, the High Court prima facie misconstrued the provisions of the Act. The Act does not provide for any religious instruction. The object and purpose of the statute are regulatory in character.”
It said that if the concern was to ensure that the students of Madarsas receive quality education, the remedy would not lie in striking down the Madarsa Act but in issuing suitable directions to ensure that the students are not deprived of quality education.
The order of the top court came on appeals against the High Court order filed by Anjum Kadari, the Managers Association Madaris Arabiya (UP), the All India Teachers Association Madaris Arabiya (New Delhi), the Manager Association Arbi Madarsa Nai Bazar and the Teachers Association Madaris Arabiya Kanpur.
Additional Solicitor General KM Nataraj, appearing for the Uttar Pradesh government, said that the state is accepting the judgement of the High Court.
To this, CJI Chandrachud asked why the state was not defending its legislation, despite defending it before the High Court. The ASG said that after the High Court has delivered a judgement, the state has decided to accept it.
The Uttar Pradesh government said if Madarsas are running, let them run, but the state should not bear the costs.
Attorney General for India R Venkataramani, appearing for the Centre, also supported the High Court’s judgement and said the entanglement of religion with education is the suspect issue and the relocation of the Madarsa students to other schools would not be an issue.
Senior advocate Abhishek Manu Singhvi, appearing for one of the petitioners, submitted that the Madarsa regime was a status quo that existed for 120 years, which is now disrupted suddenly, and would affect 17 lakh students and 10,000 teachers.
It is difficult to adjust these students and teachers to the state education system abruptly, he added. The High Court’s finding that modern subjects were not taught in the Madrasas are not correct, said Singhvi, adding that Maths, Science, Hindi, English etc are taught in Madarsas.
“We also have very famous Gurukuls, in Haridwar and Rishikesh, doing very good work. My father has a degree from there. So should we shut them and say it is Hindu religious education?”, asked the senior counsel.
Madarsas are institutions where Islamic studies and other education may be pursued by students. On March 22, Allahabad High Court found that the 2004 Act was violative of the principle of secularism enshrined in the Constitution of India.
The High Court further asked the State to take immediate steps so that students pursuing studies in Madarsas of Uttar Pradesh are accommodated other schools. (ANI)
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