Can Religious Education Be Imparted In Govt-Funded Madrasas, Does It Violate Articles 14, 25, 26, 29 & 30?: Allahabad HC Asks Centre, State Govt

The Allahabad High Court recently sought a response from the Central and State Governments as to whether religious education can be imparted in Government funded Madrasas and whether this could be in violation of Articles 14, 25, 26, 29, and 30 of the Constitution of India.

"The affidavits of the Central Government from the Secretary, Ministry of Minority Affairs, Government of India and State Government from the Principal Secretary, Department of Minority Welfare and Waqf, Government of Uttar Pradesh should be filed answering the petition and aforesaid questions within a period of six weeks from today," the bench of Justice Dinesh Kumar Singh directed after noting that in the Madarsas, besides the normal curriculum, religious education is also imparted to the students.

The Court was essentially dealing with a writ plea filed by Azaj Ahamad, working as a teacher in a Madarsa located in Samdaniya Islamia, Shudnipur, District-Jaunpur. He had moved the court pertaining to some salary dispute seeking various relief against the answering respondents.

While taking note of the grievance of the petitioner, the Court found it appropriate to seek affidavits of the Central, as well as the State government, explaining that how on Government expense or the funding provided by the Government Exchequer religious education be imparted and whether this could be in violation of Articles 14, 25, 26, 29 and 30 of the Constitution of India. 

The matter has been posted for further hearing after six weeks.

In August 2021, the Allahabad High Court had framed certain questions to be answered by the State Government on issues related to religious educational institutions like Madrasa vis-a-vis the role of and interplay between the State Government and such institutions within the framework of the Constitution.

Among many questions, the Court had put up the following queries to the state government

• Whether the policy of the State Government to provide financial aid to educational institutions which impart religious education is consistent with the scheme of the Constitution, particularly, in light of the word "Secular" in the Preamble to the Constitution of India?
• Whether Government sfunding of institutions run by religious minorities which impart religious education faithfully implements the constitutional protection afforded to all religious faiths especially religious minorities in the country, especially with reference to provisions of the Constitution from Articles 25 to 30 of the Constitution of India?

Case title - Azaj Ahamad vs. U.O.I. Ministry Of Affairs Thru. Secy.And 4 Others [WRIT - A No. - 2474 of 2023]

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