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UP Gov’t vs. Jamiat: Controversy Over Shifting Madrasas Students

The Jamiat Ulama-e-Hind has demanded the withdrawal of the Uttar Pradesh government’s recent order directing that all students in unrecognised madrasas and non-Muslim students studying in government-aided madrasas should be shifted to government schools.

The organisation called the order “unconstitutional”, as per a report by PTI.

The then Uttar Pradesh Chief Secretary, Durga Shankar Mishra, in an order dated June 26 and issued to all the district magistrates of the state, cited a letter from the National Commission for Protection of Child Rights (NCPCR) dated June 7.

The letter directed admitting all the non-Muslim students studying in the government-funded madrasas in the schools of the Basic Education Council to provide them with formal education.

In the letter issued on June 26, it was also said all the children studying in all such madrasas of the state, which are not recognised by the Uttar Pradesh Madrasa Education Council, should also be given admission to council schools.

Committees should be formed at the district level by the district magistrates to implement the entire process, it said.

Meanwhile, terming the government order “unconstitutional” and an action violating the rights of minorities, the Jamiat Ulama-e-Hind has demanded its withdrawal.

In a statement issued on Thursday, it said, “It is known that on the basis of the correspondence of the National Commission for Protection of Child Rights (NCPCR), the UP government has issued instructions on June 26, 2024 that non-Muslim students studying in aided and recognized madrasas should be separated and they should be admitted to government schools. Similarly, all the students of unrecognized madrasas should be forcibly admitted to government primary schools for modern education,” it said.

This order will affect thousands of independent madrasas in the state because there are large independent madrasas in Uttar Pradesh, including Darul Uloom Deoband and Nadwatul Ulama, Madni added.

Madni clarified in his letter that NCPCR cannot give instructions to separate the children of aided madrasas on the basis of their religion.

This is an act of dividing the country in the name of religion, he said.

Madni also said the UP government should understand that madrasas have a separate legal identity and status as recognised by Section 1(5) of the Right to Free and Compulsory Education Act, 2009 by exempting Islamic madrasas.

Therefore, Jamiat Ulama-e-Hind demands that the government order of June 26 be withdrawn, he added.

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