‘Violates secularism’: Why HC declared UP Board of Madarsa Education Act unconstitutional

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New Delhi: Ruling that the Uttar Pradesh Board of Madarsa Education Act, 2004, violates the principle of secularism, the Allahabad High Court declared it unconstitutional Friday...

The 2004 law allowed the state government to establish an Uttar Pradesh Board of Madarsa Education, which was then empowered to impart education from primary level to postgraduate and research levels...

Since there are a large number of madarsas and madarsa students in UP, the bench comprising Justices Subhash Vidyarthi and Vivek Chaudhary has directed the state government to take steps to accommodate these students in regular recognised schools...

The court was hearing a petition filed last year by UP advocate Anshuman Singh Rathore challenging the 2004 law on the ground that it violated the principle of secularism, which is part of the basic structure of the Constitution of India as well Articles 14 (equality before law), 15 (which forbids discrimination) and 21-A (right to education) of the Constitution...

From the above discussion, it is clearly established that education under the Madarsa Act is certainly not equivalent to the education being imparted to the students of other regular educational institutions recognised by the State Primary and High School and Intermediate Boards and, therefore, the educations being imparted in madarsas is neither quality nor universal in nature, the court observed...

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