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The Supreme Court stayed the High Court’s order to close 16 thousand madrasas in Uttar Pradesh Achi-News

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Achi news desk-

NEW DELHI: The Supreme Court on Friday delivered an important verdict regarding the Uttar Pradesh Madrasa Act (UP Madarasa Act). The Supreme Court has given major relief to 17 lakh students of 16000 madrasas in Uttar Pradesh and the Supreme Court has stayed the decision of the Allahabad High Court. As per the current order, madrasas education will continue as per the 2004 law.

The Allahabad High Court had earlier declared the Uttar Pradesh Madrasa Act unconstitutional. Currently, the Supreme Court has given an interim stay to the judgment of the Allahabad High Court and the Supreme Court has said that the judgment of the High Court is not correct on its face. It is not correct to say that this is against secularism. The UP government itself had defended the action in the High Court. The 2004 Act was declared unconstitutional by the High Court. The Supreme Court has issued a notice to the government and others in this regard.

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What did the UP government say in the Supreme Court?

During the hearing of the Madrasa Act 2024 case in the Supreme Court, the UP government said that these madrasas are running on government assistance. Therefore, the Court should reject this petition in the interest of the children of the poor family. They try to create a sense that religious subjects are together with other curriculum, no, they give wrong information. In which general subjects is it made optional. Class 10 students are not allowed to study Mathematics and Science together. The fact that religious education was being provided was hidden from the High Court.

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On behalf of the Uttar Pradesh government, ASG Nataraj said that if madrasas were to run, they should be allowed to admit students only after the end of the academic session. But the state should not bear its cost, he said.

What is the High Court’s decision?

The Lucknow bench of the Allahabad High Court comprising Justice Vivek Chaudhary and Justice Subhash Vidyarthi declared the law ultra vires and directed the Uttar Pradesh government to devise a plan to accommodate students studying in madrasas in the formal education system.

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The order came during the hearing of a writ petition filed by Anshuman Singh Rathore challenging the authority of the UP Madrasa Board. Also, objections were raised by the Central and State Government regarding the Minority Welfare Department and the management of other affiliated madrasas. In this regard, objections were also raised on issues such as the Children’s Right to Free Education (Amendment) Act, 2012.

Also Read: Madarasa Closed: Uttar Pradesh Government has closed nearly 16 thousand madrasas! What is the future of those children?

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There are about 25 thousand madrasas in Uttar Pradesh. Of these, more than 16,500 madrasas are said to be recognized by the UP Board. In March, a Special Investigation Team (SIT) identified 13,000 illegal madrassas along the UP-Nepal border in the state and submitted a report to the government recommending the closure of these madrassas.

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Meanwhile, Friday’s court verdict had created uncertainty among madrassa students in the state. “We are worried about our future,” said Asif Riaz, a second-year student at a madrasa in Lucknow. We do not know how to continue our education because transferring to a new school is not easy and adapting to a new system is difficult. He said the court should have given at least two or three years time for this.

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