The Supreme Court has intervened in the legal battle surrounding the 'UP Board of Madarsa Education Act 2004', issuing a stay order against the Allahabad High Court's judgement that struck down the Act as unconstitutional.
The apex court's decision comes in response to appeals challenging the High Court's ruling, providing temporary relief to the Madrasa education system in Uttar Pradesh.
A bench comprising Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra expressed concerns over the potential impact of the High Court's decision on the 17 lakh students enrolled in Madrasas.
The court opined that the High Court's finding that the establishment of a Madarsa board breaches secularism may not be entirely accurate.
In its stay order, the Supreme Court highlighted that the Madarsa Act primarily serves a regulatory purpose and does not exclusively focus on religious instruction.
The bench emphasised that if the objective is to ensure quality education for Madrasa students, striking down the Act is not the solution. Instead, suitable measures should be taken to guarantee that students receive quality education without disruption.
The court's decision to stay the High Court's judgement provides a reprieve for various stakeholders, including 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, who filed appeals against the ruling.
However, the Uttar Pradesh government, represented by Additional Solicitor General KM Nataraj, indicated its acceptance of the High Court's judgement. This stance raised questions from the bench, as the State had previously defended the legislation before the High Court. The Attorney General for India, R Venkataramani, echoed support for the High Court's decision, citing concerns about the entanglement of religion with education.
Senior advocate Abhishek Manu Singhvi, representing one of the petitioners, underscored the potential disruption caused by abruptly relocating Madrasa students and teachers to other schools. He argued that Madrasas also impart modern subjects like Maths, Science, Hindi, and English, challenging the notion that they only offer religious education.
The legal battle surrounding the Madarsa Act underscores broader debates about secularism, education, and constitutional principles. While the stay order provides temporary relief, the issue remains contentious, highlighting the need for a nuanced approach to address concerns while safeguarding the rights of all stakeholders involved.
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