Shia Board welcomes SC's validation of UP Madarsa Education Act

Lucknow, Nov 5 (IANS) Maulana Yasoob Abbas, General Secretary of the All India Shia Personal Law Board (AISPLB), on Tuesday, expressed his support for the Supreme Court's decision to uphold the validity of the Uttar Pradesh Madarsa Education Act, 2004.

The Supreme Court's ruling on Tuesday overturned a previous decision by the Allahabad High Court, which had declared the Act unconstitutional, claiming that it violated principles of secularism.

By setting aside the High Court's ruling, the Supreme Court has reaffirmed the legality of the Act and the role of Madrasas in the educational landscape of Uttar Pradesh.

"On behalf of the All India Shia Personal Law Board, I welcome the decision of the Supreme Court to validate the Madrasas," Abbas said while speaking to IANS.

Maulana Abbas described the Supreme Court's decision as "significant" and highlighted the long-standing role of Madrasas in India's history.

"Madrasas have played an important role in the Independence of the country," he noted, adding that they have produced numerous distinguished officials, including IAS, IPS, Governors, and PCS officers.

He emphasised the importance of mutual respect and coexistence, saying, "Everyone should respect and welcome this decision. We should implement the policy of 'Live and let live.' Everyone should carry forward the work of progressing the nation."

A Bench headed by CJI, DY Chandrachud said that the Allahabad High Court erred in holding that the Madarsa Education Act, 2004 was bound to be struck down for violation of the basic structure.

However, the CJI Chandrachud-led Bench held the Madarsa Education Act "unconstitutional" to the extent that it regulates higher education in relation to 'fazil' and 'kamil' degrees for being in conflict with the UGC Act.

Earlier in April, staying the impugned decision, the Bench, also comprising Justices J.B. Pardiwala and Manoj Misra, had observed that the Allahabad High Court misconstrued the provisions of the Madarsa Act and the view taken by it was prima facie not correct.

Delivering a verdict on a Public Interest Litigation (PIL) filed by an advocate challenging vires of the Madarsa Act, 2004, the Allahabad HC, in its March 22 order, had held the law violative of the principles of secularism, Articles 14, 21 and 21-A of the Constitution of India and Section 22 of the University Grants Commission Act, 1956.

It had asked the Uttar Pradesh government to take steps to accommodate madrasa students in regular schools, adding that if required, new schools would be established to ensure that children between the ages of 6 to 14 years are not left without admission in duly-recognised institutions.

--IANS

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