UP Board of Madrasa Education Act, 2004

The Allahabad High Court (HC) has struck down the Uttar Pradesh Board of Madrasa Education Act, 2004, as unconstitutional.

What is the Uttar Pradesh Board of Madrasa Education Act, 2004?

Overview of the Act:

• The Act aimed to regulate and govern the functioning of madrasas (Islamic educational institutions) in the state of Uttar Pradesh.

• Moreover, it provided a framework for the establishment, recognition, curriculum, and administration of madrasas across Uttar Pradesh.

Concerns Regarding the Act:

• Constitutional Violation:

• The act has been deemed unconstitutional by the Allahabad HC, as it promotes education segregated along religious lines. Furthermore, it contradicts the principle of secularism enshrined in the Indian Constitution and fundamental rights.
  
• This is because, the Act’s provisions were criticised for failing to ensure quality compulsory education up to the age of 14 years. -Mandated by Article 21 A of the Constitution.
  
• The exclusion of madrasas from the Right to Education (RTE) Act, 2009 was concerning. Basically, it potentially deprived students of universal and quality school education.

Limited Curriculum

• Upon examination of madrasa syllabi, the court noted a curriculum heavily focused on Islamic studies. Limited emphasis on modern subjects was given.
• Study on Islam and its doctrines was done to progress, with modern subjects often included as optional or offered minimally.

High Court Ruling:

• As a matter of fact, The Allahabad HC declared the Uttar Pradesh Board of Madrasa Education Act, 2004 unconstitutional due to violations of secular principles and fundamental rights.
• Basically, the state government was to accommodate madrasa students in recognised regular schools.The limited curriculum focused on Islamic studies was also concerning.
• The ruling highlighted potential adverse effects on students’ access to quality education and prompted legal arguments regarding constitutional violations.

Practice Questions for Prelims

Consider the following statements:
1. The Allahabad HC declared the Uttar Pradesh Board of Madrasa Education Act, 2004 unconstitutional due to violations of secular principles and fundamental rights.
2. The Act’s provisions were criticised for failing to ensure quality compulsory education up to the age of 14 years, as mandated by Article 21 A of the Constitution.

How many of the statements given above is/are correct:
a) Only statement 1 is correct
b) Only statement 2 is correct
c) Both the statements are correct
d) None of the statements is correct

Ans. c)

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