A court in India has effectively banned Islamic schools in the nation’s most populous state, a move that could widen the gap between many Muslims and Prime Minister Narendra Modi’s Hindu-nationalist government, stirring political tensions in the lead-up to national elections.
The ruling issued on Friday nullifies a 2004 law governing madrasas in Uttar Pradesh, citing its violation of India’s constitutional secularism and mandating the relocation of students to conventional schools.
The order from the Allahabad High Court impacts 2.7 million students and 10,000 teachers across 25,000 madrasas, according to Iftikhar Ahmed Javed, head of the state’s board of madrasa education, in a region where one-fifth of its 240 million inhabitants are Muslims.
“The state government shall also ensure that children between the ages of 6 to 14 years are not left without admission in duly recognised institutions,” stated Judges Subhash Vidyarthi and Vivek Chaudhary in their order, issued on the basis of an appeal by lawyer Anshuman Singh Rathore.
Reuters was unable to reach Rathore or establish any potential political affiliations.
India is scheduled to hold a general election between April and June, with Modi’s Bharatiya Janata Party (BJP) anticipated to emerge victorious.
However, Muslims and rights organisations have accused certain BJP members and associates of fostering anti-Islamic rhetoric, engaging in vigilantism, and demolishing properties owned by Muslims.
Modi has consistently denied the existence of religious discrimination in India.
Commencing its tenure, the BJP maintains that the government is rectifying historical injustices, highlighted by the recent inauguration of a Hindu temple at the site of a 16th-century mosque demolished in 1992.
According to Hindu belief, the mosque was constructed on the birthplace of God-king Ram, atop a temple allegedly demolished by the Mughal ruler Babur.
Rakesh Tripathi, a spokesperson for the Uttar Pradesh BJP, which governs the state, stated that the party is not opposed to madrasas and remains committed to ensuring the education of Muslim students.
“We are not against any madrasa but we are against discriminatory practices. We are against illegal funding, and the government will decide on further actions after going through the court’s order.”
Sudhanshu Chauhan, representing the federal government as a respondent in the case, argued before the court that “religious education and instructions pertaining to a specific religion cannot be integrated into school curriculum, and the state government lacks authority to establish statutory education boards authorising religious education.”
He clarified that the government had no intentions to reinstate a federal policy, halted in March 2022, which had allocated funds to madrasas for teaching subjects such as mathematics and science.
Javed, an official representing madrasas and serving as the national secretary of the BJP’s minority wing, expressed the dilemma of balancing his allegiance to his party with the expectations of his community as a Muslim.
He disclosed receiving numerous calls from fellow Muslims following the court’s ruling, particularly poignant as it occurred during the Muslim holy month of Ramadan.
“Sometimes it becomes very difficult,” he said. “I have to balance a lot because, being a Muslim, the party sends me to the community to convince them to vote for us and join the party. I am scared and I walk with personal security whenever I go to any public event or programme.”
Tripathi from the BJP reassured that Muslim leaders within the party have no cause for concern, as their community reaps equal benefits from various government welfare initiatives.
“I am Hindu and I visit the Muslim community often and get good support from them,” he said.
“The fact is that the BJP and the government is very serious about education and it’s doing its best.”
The BJP’s de facto parent organisation has been strategically appointing Muslims loyal to its cause in leadership roles within India’s Muslim universities, aiming to garner support from the Muslim community.
In a significant move, the Uttar Pradesh government ceased a funding program for madrasas in January, resulting in the displacement of 21,000 teachers.
Javed clarified that Friday’s court order affects all madrasas in the state, irrespective of whether they receive private or government funding.
While the court did not specify a timeline for implementing its order, Javed suggested that immediate closure of madrasas is unlikely.
Meanwhile, in Assam, another state governed by the BJP, hundreds of madrasas have been converted into conventional schools.
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