Threaten Legal Action Against ‘Any Attempt to Undermine Status and Identity of Madrasas’
Anwarulhaq Baig
New Delhi: Condemning recent government actions targeting madrassas in Uttar Pradesh and Madhya Pradesh, nearly all major Muslim organizations, administrators of reputed madrassa, and prominent leaders across India have united to demand the withdrawal of the Uttar Pradesh government’s order to transfer non-Muslim students from recognized madrassas and all students from unrecognized madrassas to government schools, citing it as unconstitutional and an infringement on minority rights.
The controversy has intensified following June 26, 2024 order, in which the UP government issued a directive to separate non-Muslim students enrolled in aided and recognized madrasas and enroll them in government schools. The order also mandates that all students from unrecognized madrasas be forcibly admitted to government primary schools for formal education. This move follows recommendations from the National Commission for Protection of Child Rights (NCPCR) dated June 8, to inspect recognized madrasas to identify non-Muslim students and transfer them to other educational institutes.
The order has sparked widespread concern among Muslim leaders and organizations, who see it as an attack on the autonomy of Islamic educational institutions and a violation of constitutional protections for minority rights. Muslim leaders also categorically rejected the anti-Madrassa remarks made by the chairperson of the NCPCR.
Muslim leaders and scholars have raised several constitutional and legal objections to the UP government’s order and the NCPCR’s recommendations:
1. Violation of Article 30(1): They argue that the order infringes on the constitutional right of minorities to establish and administer educational institutions of their choice.
2. Conflict with RTE Act: The Right to Education Act, 2009, specifically exempts madrasas and other institutions primarily imparting religious instruction from its application.
3. Infringement on parental rights: Leaders contend that the state cannot take away citizens’ right to choose their preferred stream of education for their children.
4. Arbitrary targeting: Questions have been raised about why madrasas, particularly in Uttar Pradesh, are being singled out for such action.
AIMPLB and Heads of Madrassas Warn to Take ‘All Possible Legal and Democratic Actions’
In a strongly worded joint statement, the All India Muslim Personal Law Board (AIMPLB), along with heads of Muslim organizations and prominent madrassa administrators, has condemned recent government actions targeting madrassas in Uttar Pradesh and Madhya Pradesh. The statement criticizes what they describe as efforts to undermine the status and identity of these religious educational institutions.
The joint statement asserts that directives issued by the National Commission for Protection of Child Rights to state governments regarding minority educational institutions are “illegal and beyond the commission’s jurisdiction.” According to the statement, following these directives, the Uttar Pradesh government has ordered a survey of madrassas and the transfer of students from “unrecognized schools” to government institutions.
It highlights that a list of 8,449 “unrecognized schools” has been published, which includes renowned and historical institutions such as Darul Uloom Deoband, Darul Uloom Nadwatul Ulema in Lucknow, Mazahir Uloom Saharanpur, Jamiatul Falah in Azamgarh, and Jamia Salafia Varanasi, among others. The statement alleges that district authorities are exerting pressure to transfer students from these institutions to government schools, which they deem “blatantly illegal.”
Furthermore, the statement mentions that district administrations have been ordered to remove non-Muslim students from these schools and transfer them to government institutions. The AIMPLB views this as “an attack on their personal right to choose, and upon our joint Indian culture and civilization.” Additionally, it asserts that Muslim students are being pressured to obtain basic education under the Right to Education Act, with madrassa administrators facing threats of action for non-compliance.
The joint statement also criticizes the Madhya Pradesh government for reportedly compelling madrassa students to perform Saraswati Vandana daily, viewing this as an infringement on religious freedom.
Defending the role of madrassas, the Muslim leaders assert that these actions violate Article 30(1) of the Constitution, which grants minorities the fundamental right to establish and administer their educational institutions. They also point out that the Right to Education Act explicitly exempts religious schools.
The statement emphasizes the historical and ongoing contributions of madrassas to education and national development. It highlights that these institutions provide free, high-quality education to millions of children, along with food and accommodation, and have been making “silent but successful efforts” to promote education among the educationally backward Muslim community for years.
The AIMPLB statement warns that the “sudden and unilateral actions” by the state governments are “an unwarranted attempt to disrupt this longstanding and stable system,” potentially causing educational damage to millions of children and imposing undue mental and psychological pressure on them.
Demanding that state administrations cease what they term “illegal, unethical, and oppressive actions,” the Muslim leaders have vowed to “take all possible legal and democratic actions to change these minority-hostile policies of the state governments.”
The joint statement is signed by a number of prominent figures, including AIMPLB President Maulana Khalid Saifullah Rahmani, Jamiat Ulama-e-Hind President Maulana Arshad Madani, Maulana Mahmood Madani, Shia leader Dr. Syed Mohammad Ali Naqvi, JIH President Syed Sadatullah Husaini, Markazi Jamate Ahle Hadees Amir Maulana Asghar Imam Ali Mehdi, and Maulana Fazlur Rahim Mujaddidi. The signatories also include administrators and heads of various renowned madrassas such as Nadwatul Ulema’s administrator Maulana Syed Bilal Abdulhai Hasani, Darul Uloom Deoband’s administrator Mufti Abul Qasim Nomani, Jamia Salafia Varanasi’s general secretary Maulana Abdullah Saud Salafi, Jamia Ashrafia Mubarakpur’s deputy administrator Maulana Mohammad Idrees Bastawi, Mazahir Uloom Saharanpur’s general secretary Mufti Mohammad Saleh Mazaheri, Jamia Al-Falah Azamgarh’s head T. Arif Ali, Darul Uloom Waqf Deoband’s administrator Maulana Mohammad Sufyan Qasmi, Jamia Mazahir Uloom Waqf Saharanpur’s administrator Maulana Mohammad Saeedi Mazaheri, and Madrasatul Islah Saraimeer, Azamgarh’s administrator Dr. Fakhrul Islam Islahi.
JIH VP Calls ‘Forced Transfer of Madrasa Students to Govt Schools Unconstitutional, Violating Fundamental Rights’
Jamaat-e-Islami Hind (JIH) Vice President Maulana Waliullah Saeedi Falahi strongly condemned efforts to forcibly alter the status and identity of madrassas, stating, “Acquiring religious education is not only a fundamental right of every individual but also crucial for building a better society. In such circumstances, neither the government nor its subordinate departments have the moral or legal authority to forcibly relocate students receiving free education in madrassas to other regular government schools.”
Maulana Saeedi highlighted Article 30(1) of the Indian Constitution, which guarantees religious minorities the right to establish and manage their educational institutions. He also underscored that the Right to Education (RTE) Act permits madrassas to operate independently.
The JIH Vice President specifically criticized the NCPCR, labelling its overly zealous involvement in madrassa affairs as “illegal and unconstitutional.” He accused the commission of neglecting real issues affecting children while exceeding its jurisdiction.
Demanding immediate action, Maulana Saeedi called on the Uttar Pradesh government to retract its circular instructing district officials to transfer students from approximately 8,449 unapproved madrassas to government schools. He described the state government’s directive as “a sinister attempt” to undermine the madrassa system and violate the constitutional rights of students and their parents. He urged “justice-loving citizens” to oppose what he termed a “one-sided cruel action.”
Emphasizing the societal contributions of madrassas, Maulana Saeedi highlighted that these institutions provide free education, food, and accommodation to millions of underprivileged children across India. He also noted the historical role of madrassas in producing leaders who contributed to India’s freedom struggle and served humanity.
Madrassas’ Crucial Role in Educating Underprivileged Muslim Children
Speaking to our correspondent, Syed Tanveer Ahmed, a prominent educationist and national secretary of JIH Markazi Taleemi Board (Central Educational Board), emphasized the significant role madrassas play in providing foundational education to a vast number of underprivileged Muslim children. He underscored that the contributions of madrassas should not be overlooked or dismissed.
Acknowledging the government’s intentions to introduce reforms or improvement, but Syed Tanveer Ahmed stressed that any proposed changes must involve constructive dialogue and negotiation with madrassas. He highlighted the historical role of madrassas in societal reform and pointed out that graduates from reputable madrassas often pursue higher education and excel in fields such as civil services, making substantial contributions to the nation’s development. “The entire history of Madrassas is evident that they have played a very positive role in bringing reform in society.”
The Markazi Taleemi Board secretary advocated for a collaborative approach between the government and madrassas to ensure any reforms are beneficial and respectful of the Islamic institutions’ contributions and history.
He reminded the government that the Indian Constitution, under Article 30(a), guarantees the right to establish and administer educational institutions of their choice to all sections of society, particularly minorities, to protect and promote their cultural heritage.
Syed Tanveer Ahmed criticizes the current actions of the government as very negative towards madrassas, asserting that if the government believes madrassas are not playing a positive role, it should adopt a more constructive approach.
While talking to our correspondent, Maulana Tahir Madani, former administrator of the renowned Islamic seminary Jamiatul Falah in Azamgarh has termed the order to transfer non-Muslim students from recognized madrasas as discriminatory and an infringement upon the personal choices of parents and students. He emphasized that non-Muslim parents willingly enroll their children in madrasas for education.
Regarding the issue of unrecognized madrasas, which include reputed, historical institutions like Darul Uloom Deoband, Nadwa, and Jamiatul Falah, Maulana Tahir Madani asserted that they cannot be broadly labeled as illegal or unrecognized. He pointed out that most of these institutions operate under government-registered trusts and societies.
Highlighting that minorities have constitutional rights and liberty to establish and run their institutions freely, Maulana Madani declared it entirely unconstitutional and illegal to discuss banning such madrasas. Advocating for joint efforts to challenge such hostile actions in court, he commended Muslim organizations and madrasa administrators for their collective efforts against the recent government actions.
However, Maulana Tahir Madani suggested developing a collective roadmap and strategy for legal measures as well as development and protection of these institutions.
Jamiat Ulama-i-Hind Calls for Immediate Withdrawal of the Order
Jamiat Ulama-i-Hind President Maulana Mahmood Madani has sent a letter to top Uttar Pradesh government officials, including the Chief Secretary, denouncing both the state government’s order and the NCPCR’s recommendations concerning madrasas as unconstitutional, arbitrary, illegal, and a violation of minority rights. He urges their immediate withdrawal.
In his letter, Madani argues that the NCPCR has exceeded its jurisdiction and violated constitutional guarantees. He questions the legality of mandating religious institutions to segregate students based on religion and criticizes the targeted approach towards Uttar Pradesh.
The Jamiat president highlights the positive impact of madrasa education on Indian society, emphasizing its role in empowering beneficiaries and contributing to affirmative action initiatives. He also points out that madrasa education is governed by state-specific statutory enactments.
Madani reminds officials that a similar issue is currently pending before the Supreme Court, which has stayed a judgment of the Allahabad High Court interfering with statutory regulations under the Madrasa Act.
Maulana Madani strongly asserts the constitutional rights of religious and linguistic minorities to establish and administer educational institutions of their choice, citing Article 29 of the Constitution, which guarantees citizens’ cultural rights, including the right to conserve distinct languages and scripts.
Madani also notes that the Right to Free and Compulsory Education Act, 2009, specifically exempts madrasas and other institutions primarily imparting religious instruction from its purview.
Concerns over NCPCR Chairperson’s Hostile Remarks
NCPCR Chairperson Priyank Kanoongo who recently ignited controversy with his unnecessary and overzealous suggestions and hostile remarks against madrasas, also drew sharp criticism from Muslim leaders.
In a tweet, Kanoongo wrote: “Madrasas are centers for teaching Islamic religious education and are outside the scope of the Right to Education law. Therefore, keeping Hindu and other non-Muslim children in madrasas not only violates their constitutional rights but also risks fostering religious animosity in society. @NCPCR_ has urged all state governments to enroll Hindu children from madrasas in schools to ensure their right to basic education as per the constitution. It has come to our notice that Jamiat Ulema-e-Hind is spreading false rumours about this order, misleading people, and inciting public sentiment against the government. This organization, associated with Darul Uloom Deoband madrasa, has faced action for supporting Ghazwa-e-Hind. Last year, in a village near Deoband, a madrasa incident involving the conversion of a missing Hindu child through circumcision disrupted communal harmony. Such actions must be prevented, and the Freedom of Religion Act is enforced in Uttar Pradesh to protect children’s religious freedoms. I urge the public not to be misled by fundamentalist fanatics and to support a better future for children. Action will be requested against those spreading rumours.”
In his another X post, Kanoongo said, “Hindu children have no place in madrasas,” and has supported the Uttar Pradesh government’s decision to enroll Hindu children in schools instead of madrasas, labeling it “absolutely correct and legal.”
In subsequent tweets, Kanoongo continued, stating, “The Constitution of India was drafted by Baba Saheb Ambedkar; fundamentalists should not misinterpret it. Hindu children have no place in madrasas; Uttar Pradesh’s decision to admit them to schools is correct and legal. #Fanatics”
Regarding a video of Maulana Mahmood Madani, Kanoongo commented, “This video allegedly features Maulana Mahmood Madani of Jamiat Ulema-e-Hind. Both he and his organization Jamiat are associated with Darul Uloom Deoband madrasa. In the video, the Maulana reportedly stated that India is their country, and their way of life is religious; those who oppose should leave India. Such statements are intolerant and unconstitutional. Madrasas teach curriculum from Aurangzeb’s era and issue fatwas supporting Ghazwa-e-Hind, potentially fueling communal hatred in the country. This Maulana has also served as a Member of Parliament, so these claims should be investigated.”
During an inter-departmental review meeting on child rights in Shillong, Meghalaya, Kanoongo targeted madrasas in Meghalaya, stating, “We have noted the presence of madrasas in the state through data from the school education department. We have raised concerns with the department to verify and enroll all children in formal schooling, ensuring their fundamental right to education.”
These remarks have drawn sharp criticism from Muslim organizations, who accuse Kanoongo of overstepping his mandate and promoting a divisive agenda. They argue that such statements from the head of a statutory body responsible for child rights protection are inappropriate and potentially harmful to communal harmony.
Targeting madrasas just in UP may jeopardize future of about 27 lakh students
Uttar Pradesh has the largest number of madrasas in India, with nearly 27 lakh students attending approximately 25,000 institutions. Of these madrasas, 16,000 are government-recognized, including 560 government-aided institutions with nearly 17 lakh students, while approximately 8,450 madrasas were declared unrecognized by the state.
According to Iftikhar Ahmed Javed, head of the Uttar Pradesh Madrasa Education Council, such actions could impact the education of nearly 27 lakh students and the livelihoods of tens of thousands of teachers.
Among the unrecognized institutions declared by the state government are renowned institutions such as Darul Uloom Deoband, Jamia tul Falah, Nadwatul Ulama, Jamia Salfiya Varanasi, Jamia Ashrafia in Mubarakpur, and Mazaharul Uloom in Saharanpur. Some of these institutions were established in the aftermath of the 1857 First War of Independence against the British Raj by notable freedom fighters, with a mission to educate and prepare future generations to free the nation from colonial rule.
This controversy raises questions about the government’s hostile attitude towards madrasas and underscores its stance on minority rights in India’s education sector. These influential Muslim leaders and their Islamic educational institutions, pivotal in India’s freedom struggle and instrumental in social reforms, may prompt judicial intervention to restore minority educational rights.