The Supreme Court of India stayed the Allahabad High Court’s decision to ban madrassas in Uttar Pradesh. Uttar Pradesh, the country’s largest state, has about 16,000 madrasas. 1.7 million students study in them.
On Friday (April 5), Chief Justice of India DY Chandrachud said that the judgment given by the Allahabad High Court was prima facie incorrect.
In its verdict last month, the Allahabad High Court said the 2004 Act under which madrassas were running was “unconstitutional”. Because it is breaking India’s principle of secularism. Because of this, the High Court declared this law null and void. Besides, the students studying in madrasahs were also ordered to be transferred to general education institutions.
The Supreme Court announced the stay of this judgment of the Allahabad High Court on Friday and said that the aim and purpose of the Madrasa Board is primarily regulatory. And there will be no harm to secularism by setting up this board.
Chief Justice Chandrachud in his judgment said, “The Allahabad High Court, by staying the Act, directed the transfer of the students to other educational institutions. However, 17 lakh students will be affected by this verdict. Our observation is that it is not fair to transfer so many students together. “
Chief Justice Chandrachud also said that secular education such as mathematics, science, history and languages would be taught in madrasas if the PIL was intended. So this objective cannot be achieved by repealing the Madrasa Act 2004.
Senior lawyer Abhishek Manu Singhvi fought for the Madrasa in the Supreme Court. He told the court that the future of 10,000 teachers and 1.7 lakh students of madrassas will be bleak due to the Allahabad High Court verdict.
He further told the court that it is wrong to say that quality education is not imparted in madrasas. Besides, it cannot be said that Madrasa is not universal and extensive. Besides, the order given by the High Court to close the madrassa is a discriminatory judgment.