India’s Allahabad High Court Declares Madrasas Unconstitutional, Orders Students to Mainstream Schools
In a significant ruling that could further fuel religious tensions in India, the Allahabad High Court in Uttar Pradesh has declared the Madrasa Act of 2004 unconstitutional. The court order, issued on March 3, 2023, states that the Madrasa system is in violation of India’s constitutional principle of secularism and directs the state government to transfer students from madrasas to mainstream schools.
Madrasas, educational institutions where students are taught about the Quran and Islamic history alongside general subjects like math and science, have been a contentious issue in India for several years. Some Hindus also follow an equivalent system known as Gurukuls, where students learn ancient Vedic scriptures alongside general subjects under a guru or teacher.
Secular Education Principle Violated
The Allahabad High Court held that providing education is a primary duty of the State and it cannot provide for or create separate education systems based on religion. The court order stated, “The Madrasa (sic) Act, 2004, is violative of the principle of Secularism, which is a part of the basic structure of the Constitution of India.”
Impact on Over 2.7 Million Students and Teachers
The ruling affects approximately 2.7 million students and 10,000 teachers in over 25,000 madrasas across Uttar Pradesh. The order comes just weeks before a nationwide election during which an estimated 960 million people are eligible to vote.
Polarized India
Uttar Pradesh, home to about 20% of the country’s Muslim population, is governed by Prime Minister Narendra Modi’s Hindu nationalist Bharatiya Janata Party (BJP). The state has been at the center of controversies over the past decade, with critics accusing it of passing discriminatory laws and marginalizing Muslims in the secular republic.
Controversial Precedents
In December 2020, the northeastern state of Assam passed a law to convert all Islamic schools into regular education institutions. The Education Minister at the time, Himanta Biswa Sarma, claimed it would ensure equal education for all children and ease their path to higher education. Opposition politicians criticized the move as a reflection of hardening anti-Muslim attitudes in the Hindu-majority country.
Eroding Secular Traditions
Modi and his BJP have been accused of dismantling India’s secular traditions. For instance, at the start of the year, Modi presided over the inauguration ceremony of a controversial Hindu temple built on the ruins of a centuries-old mosque that was destroyed by right-wing groups in 1992. This move was widely criticized as an attempt to pull India away from its secular roots.
Ongoing Concerns
Many Muslims and critics argue that India’s secular fabric is being eroded as anti-Muslim hate speech becomes more common, and Muslim-owned properties face demolitions. The BJP denies any discrimination against Muslims and insists that it treats all citizens equally.
Awaiting Supreme Court Decision
The Allahabad High Court order can be appealed in the country’s Supreme Court. It remains to be seen how this ruling will impact India’s ongoing religious tensions and the upcoming elections.
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