Context: Recently, the Lucknow bench of the Allahabad High Court declared the UP Board of Madarsa Education Act, 2004, as unconstitutional, ruling that it was violative of the principle of secularism, articles 14, 21, 21-A of the Constitution as well as section 22 of the University Grants Commission, Act of 1956.
Key-points highlighted by the High Court
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Terming the Act unconstitutional, the Allahabad High Court said the Act found to be a violation of secularism.
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The court said it was not possible to segregate and save any portion of the Act which would be of any relevance and maintained.
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The state has no power to create a board for religious education or to establish board for school education only for a particular religion and philosophy associated with it.
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It was the duty of the state to provide education, which is secular in nature, more particularly for minors, that is children up to the age of 18.
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It cannot discriminate and provide different types of education to children belonging to different religions.
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Any such action on the part of state would be violative of secularism.
Secularism and Education in India
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Secularism is part of the basic structure of the Constitution.
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The value of Secularism is deeply ingrained all through, and particularly in Articles 14, 19, 22, and 25.
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Education, being a fundamental right under Article 21-A of the Constitution, holds immense significance in fostering a democratic society and promoting social cohesion.
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Secularism in education implies that the state must provide education that is free from religious bias or affiliation.
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It entails offering a curriculum that is inclusive of diverse perspectives, cultures, and beliefs, fostering a spirit of tolerance, pluralism, and respect for individual autonomy.
Impact of Denial
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Education, as a tool for empowerment and social transformation, must be accessible to all, irrespective of their religious affiliations.
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Denying certain groups access to quality education based on religious grounds not only perpetuates social inequality but also undermines the foundational principles of democracy and secularism.
Significance of the Ruling
Indian State and Secularism – a fundamental aspect of the Constitution
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Constitutional Mandate: Secularism is enshrined in the Preamble of the Indian Constitution, emphasizing the establishment of a secular state.
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Equality of all Religions: The Constitution ensures equality before the law for individuals of all religions, devoid of any discrimination.
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Freedom of Religion: Citizens have the right to practice, profess, and propagate any religion of their choice.
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State Neutrality: The Indian state is expected to maintain equidistance from all religions, not favouring or discriminating against any particular faith.
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Non-Interference in Religious Affairs: The state is prohibited from interfering in the religious practices of its citizens unless necessary to uphold public order, morality, or health.
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Safeguarding Minority Rights: Secularism in India also entails protecting the rights of religious minorities from any form of oppression or discrimination.
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Promotion of Scientific Temper: The Constitution encourages the promotion of scientific temper, rational thinking, and humanism, thereby fostering a spirit of secularism.
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Separation of Religion and State: The Indian state operates independently from religious institutions, ensuring governance based on constitutional principles rather than religious doctrines.
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Inclusive Governance: Secularism promotes inclusivity in governance, ensuring representation and participation of individuals from diverse religious backgrounds.
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Secular Institutions: Indian institutions such as the judiciary are tasked with upholding secular values, ensuring that laws and policies adhere to principles of equality and neutrality.