The Supreme Court on Tuesday, October 22, was hearing a petition challenging the Allahabad High Court ruling in which the Uttar Pradesh Madrasa Education Board Act, 2004 was declared unconstitutional. In this case, the Supreme Court reserved its judgment after hearing the arguments of all parties. During the hearing, the Uttar Pradesh government supported the Madrasa Bill.
The Uttar Pradesh government made its position clear in court. Lawyer ASG KM appeared on behalf of the government. Natarajan said that the UP government has accepted the ruling of the Allahabad High Court and decided not to file any objection application. It was also said on behalf of the government that as far as the validity of the Madrasa Bill is concerned, we argued in favor of the Bill in the Allahabad High Court and even today we take the same stand on the Madrasa Bill.
“Total repeal of the Madrasa Act is not right”
Lawyers for the UP government said that the decision to completely repeal the Madrasa Act is incorrect and only those provisions of the Act that are against fundamental rights should be reviewed and rejecting the Act outright is not appropriate. Lawyers said the Madrasa Act could definitely be amended, but scrapping it entirely would not be right.
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“Secularism means living oneself and letting others live”
CJI DY Chandrachud said secularism means surviving and letting others survive. He asked whether RTE applied specifically to religious schools. He said, can we say that the meaning of education in India cannot include religious education? It is basically a religious country. CJI asked if regulating madrassas is in national interest. He made it clear that 700 years of history cannot be destroyed like this. The CJI said that even if we uphold the high court order, the parents of the children will still send them to madrasas.
