Religion, Identity and the Fight for Constitutional Rights in Uttarakhand

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"We proved in court that closing the Makatib (religious schools) was illegal. Now, we are going to file a joint petition for all the madrasas." —  Mufti Taufiq Elahi Qasmi in a special conversation

Ghalib Shams | Clarion India

Taufiq Elahi Qasmi is connected with a religious institution and serves as an Arabic teacher and Mufti at Jamia Arabia Madrasatul Momineen. He is also a member of Jamiat Ulama-e-Hind and the deputy convener of the Waqf Protection Committee of the All India Muslim Personal Law Board. Qasmi is actively leading the legal and organisational struggle against the closure of madrasas in Uttarakhand.

Sudden Action During Ramadan

On 1st March 2025, during the holy month of Ramadan, the Uttarakhand government abruptly took action against madrasas. Without prior notice or information, government officers arrived, sealed the madrasas, and locked their doors — regardless of whether any management members were present. In some cases, no one was even inside the madrasas at the time.

A month later, the government issued notices — dated retroactively.

The initial action took place in Dehradun. Local leaders from Jamiat’s Uttarakhand wing provided an existing Supreme Court decision to the officials, asserting that madrasas cannot be closed arbitrarily. However, the District Magistrate denied any involvement, stating, “We have not sealed the madrasas,” even though government officers had clearly sealed them. Instead, official notices came from the Mussoorie Dehradun Development Authority (MDDA). Similar actions soon spread to Haridwar, Nainital, Haldwani, Udham Singh Nagar, and Ramnagar.

Scope of Action

So far, more than 214 religious schools (madrasas) have been closed. Many private homes were shut down simply because religious education was being imparted privately to children or relatives, without official school registration.

For example, Maulana Rais’s own home was closed; he provided basic religious education at home to children of his family after their regular school hours.

Notice and Action Before Closing Madrasas

Before the closures, the government only issued a vague notice advising that children studying in madrasas should be enrolled in government schools. This notice was largely formal and lacked seriousness.

It is important to note that many children who received religious education in madrasas also attended government or private schools during the day. They came to the madrasas only in the mornings or evenings for religious lessons (maktab).

For instance, at Madrasa Irshad-ul-Uloom in Dhundera (near Roorkee), children attended morning religious classes, went to their regular schools afterward, and returned in the evening after Maghrib prayer for more religious lessons.

Legal Efforts

On March 3, a delegation from the Jamaat met with the chief of the organisation Maulana Arshad Madani. After consultation with legal experts, a petition was filed in the Supreme Court.

During initial hearings, the state government was asked to respond. However, on May 7, the Supreme Court transferred the case to the Nainital High Court.

Following several meetings and legal advice, a joint petition is now being prepared for submission in the high court. Advocates Talha Abdul Rahman, Fazil Ayubi, Sima Qayyum, and M.R. Shamshad are key figures in this legal fight.

Restoring the Makatib: A Partial Victory

An RTI filed by Hafiz Shah Nazar disproved the government’s claim that approval was necessary for makatib (small religious schools). The Madrasa Board itself admitted that official approval is not mandatory.

Based on this, lawyers successfully won a court case to restore the makatib. In 2019, guidelines stated that approval from the Madrasa Board was optional, not compulsory.

The real issue is that the Madrasa Board itself is not officially registered. Its certificates are not recognised by schools, universities, or passport authorities. Because of this, many madrasas operate independently under their own educational systems or local arrangements. For these madrasas, seeking approval from the Madrasa Board feels like stepping into “darkness.”

Religious Discrimination?

Uttarakhand’s Chief Minister, Pushkar Singh Dhami, publicly stated that police would be sent to inspect madrasas. Following this announcement, actions against madrasas intensified.

According to Qasmi: “This action is political, not administrative. It is a planned effort to defame Muslims and stop religious education.” The entire operation has been one-sided, targeting only Muslim madrasas. Other religious institutions in the state — such as pathshalas or gurukuls, which also provide religious education — have not been subjected to any action.

Ground Reality and Media Silence

Local Urdu and English media have largely ignored this issue.

Mufti Sahib remarked: “There are no effective journalists and no strong local platforms. We ourselves collected data and created a register. Jamaat gathered records of every madrasa.”

What Is the Purpose?

This campaign aims to curb Muslim religious education and malign the Muslim community. Authorities acted as if all madrasas were illegal. But the term “illegal madrasa” refers only to madrasas built on government land.Here, no madrasa is built on government land. All are located on either private land or Waqf (religious trust) land. No illegal activity was found anywhere.

This action was solely intended to defame Muslims.

The current Dhami government is the first in Uttarakhand’s history to try dividing the state along Hindu-Muslim lines. Previously, no one felt the government belonged to any one group. The state was peaceful, with harmonious relations among communities. Earlier chief ministers, even from the BJP, did not display such overt bias or hatred against Muslims.

No one before this government had taken such one-sided action against Muslims in the state. All this is happening for the first time during this government’s rule.

Effects on Muslim Children and the Community

The madrasa closures have hurt children the most. Their religious education has been severely disrupted. Parents are anxious, unsure where to send their children or how to continue their education.

Since there are no alternatives for religious education, the community faces serious difficulties. Only a small protest occurred in Dehradun; overall, Muslims did not engage in large-scale protests.

The main reason was the government’s strict approach and planning.

Most scholars and organisations believed legal action was the better path. People, observing the government’s mindset and strategy, chose to pursue democratic and lawful means. Consequently, no major protests or sit-ins took place. Approaching the courts was seen as the appropriate course of action.

Impact on Religious Harmony

The recent actions by the Uttarakhand government have severely damaged the state’s tradition of religious harmony.

Closing madrasas during Ramadan, locking them without notice, and later providing legal justifications demonstrate that this is not merely about registration or land records.

This is fundamentally about identity, religion, and constitutional rights.

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