2 August 2024: A delegation from the All India Muslim Personal Law Board (AIMPLB) met with Uttar Pradesh Chief Minister Yogi Adityanath, requesting the withdrawal of an order that mandates transferring students from unrecognized madrasas to UP government schools. The Chief Minister assured the delegation that he would review the matter. Should the order remain unchanged, the AIMPLB is considering challenging it legally.
The delegation was led by AIMPLB General Secretary Maulana Fazlur Rahman Mujaddidi. S.Q.R. Ilyas, spokesperson for AIMPLB, told Radiance that the Board initially planned to contest the order issued by the Chief Secretary of Uttar Pradesh. However, they decided to first meet with the Chief Minister to present a memorandum. This meeting, held on Monday, lasted half an hour and involved detailed discussions on the madrasa-related issues.
Dr. Ilyas highlighted that the government’s list includes 8,449 madrasas, encompassing both large and small institutions not affiliated with the Uttar Pradesh Madrasa Board, such as Darul Uloom Deoband and Darul Uloom Nadwatul Ulama. He argued that the order violates constitutional rights under Articles 14, 21, 25, 26, 28, 29, and 30, which allow minorities to establish and run their own institutions.
Ilyas also pointed out that madrasas are exempt from the Right to Education (RTE) Act but still provide modern education. Graduates from these institutions often pursue higher education at prestigious universities like Delhi University, Jamia Millia Islamia, Jawaharlal Nehru University, Aligarh Muslim University, and Banaras Hindu University.
The delegation questioned whether the government has sufficient capacity in its schools to accommodate the displaced madrasa students and what would happen to the teachers who would lose their jobs. They urged the Chief Minister to rescind the order, to which he responded that he would consider it. Ilyas described the meeting as constructive, noting that the Chief Minister did not disagree with their views. The AIMPLB will await further developments before deciding on the next steps.
On July 29, the Markazi Taleemi Board (MTB) organized a meeting chaired by Dr. Salman Asad to discuss the impact of the National Commission for Protection of Child Rights (NCPCR) letter and the subsequent order from the Uttar Pradesh Chief Secretary regarding the transfer of students from unrecognized madrasas to government schools. The meeting addressed the 2022 state-wide madrasa survey and questioned the RTE Act’s requirements for madrasas.
The Chief Secretary’s June 26 circular to district collectors stipulated that non-Muslim children in recognized madrasas should be transferred to government schools and that children in unrecognized madrasas must also be moved. This effectively mandates the closure of unrecognized madrasas, impacting approximately 100,000 students.
The meeting suggested several actions:
- Convene a meeting of all madrasa stakeholders to unify and address the challenges.
- Consider the Kerala madrasa model and establish communication with state stakeholders.
- Challenge the circular in court.
- Meet with the UP government to discuss the issue.
- Seek clarification from the government on the criteria for unrecognized madrasas to gain recognition.
- Highlight the issue in the legislative assembly and parliament.
The MTB decided to implement short-term remedial measures and long-term plans to address the issue. Short-term actions include legal consultations and potential political intervention.
Keynote speakers at the meeting included Mujtaba Farooq, Advocate Tahir Hussain, Maulana Tahir Madni, Dr. Sadat Hussain, and Dr. Badrul Islam.
