Terming the Uttar Pradesh Madarsa Education Act, 2004 unconstitutional, the Allahabad High Court on Friday said the Act found to be a violation of secularism. The court said it was not possible to segregate and save any portion of the Act which would be of any relevance and maintained that the state has no power to create a board for religious education or to establish board for school education only for a particular religion and philosophy associated with it.
A Bench of Justices Vivek Chaudhary and Subhash Vidyarthi — while dealing with a writ petition filed by Anshuman Singh Rathore which had challenged the vires of the Uttar Pradesh Madarsa Board on the ground that the same violated the principle of secularism and Articles 14, 15 and 21-A of the Constitution — said it was the duty of the state to provide education, which is secular in nature, more particularly for minors, that is children up to the age of 18.
“...it is the duty of the state to provide education which is secular in nature. It cannot discriminate and provide different types of education to children belonging to different religions. Any such action on the part of state would be violative of secularism, which is part of the basic structure of the Constitution. Such an action on the part of the state is not only unconstitutional but also highly divisive of the society on religious lines,” the court noted.
It added 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.
The court further observed that while the students of all other religions are getting educated in modern subjects, denial of the same quality by the Madarsa Board amounts to violation of both Articles 21-A and 21 of the Constitution.
Lame excuse
It added that the State cannot hide behind the lame excuse that it is fulfilling its duty by providing traditional education on nominal fee.
“The Supreme Court has repeatedly emphasised on modern education with modern subjects, an education that is universal in nature that prepares a child to make his future bright and to take this country forward. It does not prescribe, by any stretch of imagination, limited education with emphasis only upon a particular religion, its instructions and philosophies,” the High Court said.
The Bench added that education being provided by the Madarsa Board, therefore, is in violation of the standards prescribed by the Supreme Court. Hence this court has no hesitation in holding that the education being provided under the Madarsa Act is violative of Articles 21 and 21A of the Constitution.
On the submissions of the state about the substantial presence of madrasas in Uttar Pradesh, the court directed the government to take steps forthwith for accommodating these madarsa students in regular schools recognised under the Primary Education Board and schools recognised under the High School and Intermediate Education Board of Uttar Pradesh.
“The State government shall also ensure that children between the ages of 6 to 14 are not left without admission in duly recognised institutions,” the High Court said.
