Campaign to close madrasas is a big conspiracy to deprive Muslims of constitutional rights, says Maulana Arshad Madani
NEW DELHI — The Jamiat Ulama-i-Hind, one of the country’s premier organisations espousing the cause of the Muslim community, has approached the Uttarakhand High Court on the unfair and discriminatory notices issued against madrasas in the state.
At the hearing on Tuesday, a bench headed by Chief Justice Guhanathan Narendar issued a notice to the state government regarding the ongoing unconstitutional actions against madrasas. The bench also having Justice Subhash Upadhya heard the arguments presented by senior Supreme Court advocate Sanjay Hegde on behalf of Jamiat Ulama-i-Hind, ordered the government to file a response.
During the hearing, Advocate Hegde informed the court that religious madrasas in the state are being shut down one after another without any prior notice, even though, according to the Madrasa Act, registration of madrasas is not mandatory. He further stated that the Constitution of India also grants minorities the right to establish their own institutions.
The petition also highlighted that the Right to Education (Amendment) Act 2012 clearly exempts madrasas, Vedic pathshalas, and other similar educational institutions from the scope of this law. The petition references several Supreme Court judgments which recognise the unfettered right of minorities to establish and run their own educational institutions, and also provide them protection from state interference. The petition also stated that specifically targeting madrasas in Uttarakhand is unconstitutional, discriminatory, and an act based on malicious intentions.
The government counsel argued that Jamiat Ulama-i-Hind has no legal standing to file the petition. In response to this objection, the Chief Justice asked Sanjay Hegde why the court should hear the petition when the petitioners are not directly affected. To this, Sanjay Hegde responded that the issue is not merely about the closure of madrasas, but about the arbitrary actions being taken by the government, against which anyone has the right to approach the court. He submitted that their plea is for the court to restrain the government from acting arbitrarily and to compel it to adhere to the rule of law.
He further informed the court that the actions being taken by the state against madrasas are in violation of the constitutional rights granted to minorities under Articles 14, 15, 19, 25, 26, and 30.
In response to the question of why Jamiat Ulama-i-Hind took this initiative, its president, Maulana Arshad Madani, stated that securing justice for the oppressed and serving humanity without discrimination is the mission of his organisation.
Jamiat Ulama-i-Hind is closely connected to the madrasas and “they are our lifeline, and there is a planned conspiracy to cut off this lifeline,” Maulana Madani said in a statement issued on Tuesday. Taking action against madrasas by labelling them illegal is tantamount to contempt of the Supreme Court’s decision, he said.
