Jamiat President Maulana Mahmood Asa’d Madani writes letter to the Chief Secretary of UP government asserting that Islamic madrasas are protected by the country’s constitution, and no attempt should be made to erase their identity.
New Delhi, Jamiat Ulama-i-Hind has termed the Uttar Pradesh government’s recent order regarding religious madrasas as unconstitutional and an act of confiscating the constitutional rights of minorities. It has demanded that the order be withdrawn without delay. In this regard, Maulana Mahmood Asa’d Madani, President of Jamiat Ulama-i-Hind, has written a letter to the Chief Secretary of the Uttar Pradesh Government, Chairman, National Commission for Protection of Child Rights, New Delhi, Additional Chief Secretary/ Principal Secretary, Minority Welfare & Wakf U.P. and Director, Minority Welfare, U.P. Indira Bhawan appealing to desist from this unconstitutional action.
It should be noted that based on the correspondence from the National Commission for Protection of Child Rights (NCPCR), the UP Government issued a directive on June 26, 2024, to separate non-Muslim students enrolled in aided and recognized madrasas and enroll them in government schools. Similarly, all students from unrecognized madrasas are to be forcibly admitted to government primary schools for formal education. This order will affect thousands of independent madrasas in the state, as Uttar Pradesh has the largest number of independent madrasas, including Darul Uloom at Deoband and Nadwatul Ulama etc.
The letter noted that
The above Government Order dated 26/06/2024 appears to be based on the communication of National Commission for Protection of Child Rights (NCPCR) dated 07/06/2024. At the outset, it is stated that it appears in the last more than one-year, the Chairperson of NCPCR has proceeded to take up the issue of Madrasa education with unusual zeal and enthusiasm. In this process it further appears that NCPCR has stepped beyond its jurisdiction and have acted in violation of the Constitutional guarantees given to the citizens under Part III of the Constitution of India.
Firstly, NCPCR cannot direct the state authorities to compel children of the aided and recognized institutions (in the present case Madrasas) to segregate non-Muslim students on the ground of their religion. The instruction to a particular government is targeted, malicious and based on unconstitutional conduct of a person heading a statutory authority.
Secondly, on what basis has the State of Uttar Pradesh been singularly selected by the Commission, is also not explained. The instruction to conduct a mapping of Madrasas under normal circumstances could be one issue but under the present circumstances it is clearly relatable to the above stated unconstitutional action of the Chairperson of the Commission.
It is further stated that the issue of Madrasa education in the State of Uttar Pradesh, and many other states, is governed by the respective statutory enactments of different states. The Madrasa education throughout the country has serious impact on society at large. Madrasa education’s positive impact on different sections of the Indian society has enabled the empowerment of the beneficiaries in education and has substantially contributed in the larger movement of affirmative action being undertaken by the Central and State governments for the Indian citizens.
You all are aware that pursuant to similar communication of NCPCR, the issue of Madrasa education became subject matter in the litigation of public interest having being filed by another section of citizens. Pursuant to the adverse order of the Hon’ble High Court of Allahabad, the issue relating to statutorily regulated aided and unaided Madrasas is pending before the Hon’ble Supreme Court wherein a detailed interim direction has been passed staying the judgement of the Hon’ble High Court of Allahabad which interfered with the statutory regulations of the Madrasa Act.
In the present communication dated 26.06.2024, the State of Uttar Pradesh has directed the concerned officers to forcibly take all the students from unrecognized Madrasas and get them admitted into government primary schools for their formal education. This is again a serious issue where State appears to have gone beyond the scope of its authority. Admittedly, these Madrasa institutions are unaided private institutions. The religious and linguistic minorities have their right, in the nature of basic features of the Constitution, to establish and administer educational institutions of their choice. At the same time, Article 29 of the Constitution guarantees citizens their cultural rights and further guarantees any section of citizen to conserve their cultural rights and practices. The said cultural rights, their distinct language and their script, are part of the said larger ambit of cultural rights. These educational institutions facilitate education in children who learn distinct language, script, and conserve the culture of a large section of Indian citizens residing in the territory of India.
It is further stated that the choice of education is also a matter of choice of the concerned child and his/her parent. The State cannot take away the right of choice of citizens of this country to choose the stream of education.
It is stated that Section 1(5) of The Right to Free and Compulsory Education Act, 2009 specifically exempts ‘Madarsas, Vedic Pathsalas and other institutions primarily imparting religious instruction’ from its application. As such, there is statutory recognition of the validity of Madarsas and many state level laws also recognize these institutes of religious teaching. It is stated that imparting religious instruction is a protected fundamental right of a minority religion, as is the right of students to receive traditional instruction in Madarsas. The present Government Order dated 26.06.2024 impinges upon these protected fundamental right of the Muslim community.
The present Government Order dated 26.06.2024 and the Communication of NCPCR dated 07.06.2024 both appear to be unconstitutional, arbitrary and illegal and required to be withdrawn with immediate effect.
