SC reserves judgement on Allahabad High Court order striking down UP Board of Madarsa Education Act 2004

New Delhi [India], October 22 : The Supreme Court on Tuesday reserved its judgment on a plea challenging Allahabad High Court's March 22 verdict striking down 'Uttar Pradesh Board of Madarsa Education Act 2004'.
The Allahabad High Court in its order had said that the 2004 Act was violative of the principle of secularism enshrined in the Constitution of India. The High Court had further asked the state to take immediate steps so that students pursuing studies in Madarsas of Uttar Pradesh are accommodated in other schools.
A bench of Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra reserved the verdict after hearing arguments from all the concerned parties in the case.
Hearing the case, the apex court described India as a "melting pot of cultures, civilisations and religions" and stressed taking steps to preserve it.
"Ultimately we have to see it through the broad sweep of the country. Religious instructions are there not just for the Muslims. It is there in Hindus, Sikhs, Christians, etc. The country ought to be a melting pot of cultures, civilisations, and religions. Let us preserve it that way. The answer to ghettoization is to allow people to come to the mainstream and to allow them to come together. Otherwise, what we essentially would be doing is to keep them in silos," observed the CJI.
Justice Pardiwala observed that the teaching of religion has not been prohibited by the Constitution.
The bench said that such religious instructions are not unique to the Muslim community and other religions have the same too.
Counsel appearing for National Commission for Protection of Child Rights (NCPCR) said that the education imparted to children in Madrassa is not comprehensive, and is therefore against the provisions of the Right to Education Act, 2009.
The Madrassa are infringing on children's fundamental right to a good education by failing to provide these basic requirements, said the NCPCR while adding that children are denied not only a suitable education but also a healthy atmosphere and improved opportunities for growth.
The Uttar Pradesh government, meanwhile, told the bench that it was in support of the legislation, however, it added that the state has accepted the ruling.
The top court was hearing an appeal against the High Court judgment striking down 'The UP Board of Madarsa Education Act 2004' as unconstitutional and violative of secularism and fundamental rights.
The apex court had earlier said that if the concern was to ensure that the students of Madrassas 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.
It had stayed the High Court's order.
The appeals against the High Court order were filed by Anjum Kadari, Managers Association Madaris Arabiya (UP), All India Teachers Association Madaris Arabiya (New Delhi), Manager Association Arbi Madarsa Nai Bazar and Teachers Association Madaris Arabiya Kanpur.
Madrassas are institutions where Islamic studies and other education may be pursued by students.