Decades down the line, Madrasas have been asubject of debate for many reasons. Vilifications of madrasas have become a routine affair and efforts are being made to cut madrasas down to size, outlaw them, halt grants, and interfere with their content and operations. People with prejudiced minds are projecting madrasas as a symbol of hatred, a breeding ground for terrorists or a laboratory for jihadis– just to satisfy their lust for anti-Muslim plank and reap political gains.
The latest is from Assam Chief Minister HimantaBiswaSarma, who has issued direction to initiate process of transition of dissolved Madrasas into general schools. He went further to say that the word ‘Madrasas’ should cease to exist despite the fact that his government has a plan for modernisation Madrasas and every year funds are allocated for Madrasas.
Prior to the beginning of modern education in Assam, which started during last part of the 19th century and first part of the 20th century, the Muslims had established Maktabs and Madrasas at several places in the state. Altogether 74 Madrasas were provincialized under the Assam Madrassa Education (Provincialization) Act, 1995.
Later on, some other Madrasas were provincialized under the Assam Venture Madrassa Educational Institutions (Provincialization of Services) Act, 2011. Subsequently, the 2011 Act was repealed and more Madrassas were provincialized under the Assam Madrasa Education (Provincialization of Services of Employees and Reorganisation of Madrassa Educational Institutions) Act, 2018. Altogether, 401 madrasas i.e. Pre-Senior Madrasas (250), Senior Madrasas (133), Arabic College (4) and Title Madrasas (14) were provincialized in Assam.
A Single Bench of Gauhati High Court vide Judgement dated 22.07.2019 passed in WP(C) No.7811/2015 (Nurul Islam Vs. The State of Assam and 5 Ors) held that the provincialized Madrasas in Assam are not covered by the Articles29 and 30 of the Constitution of India. The Assam cabinet took a decision on 13.11.2020 to convert provincialized Madrassas into regular schools.
The Assam Repealing Act, 2020 was passed and thereby the Assam Madrassa Education (Provincialization) Act, 1995 and the Assam Madrassa Education (Provincialization of Services of Employees and Reorganisation of Madrassa Educational Institutions) Act, 2018 were repealed. Subsequently, the Assam Madrassa Education Board was dissolved and Madrasas were converted into schools vide government order dated 12.02.2021.
A Writ Petition vide WP(C) No.3038/2021 (Md. Imad Uddin Barbhuiyaand 12 Ors. vs the State of Assam and 4 Ors.) was filed before the Gauhati High Court, challenging the constitutional validity of the Repealing Act, 2020 and consequential Government Orders. The Division Bench of Gauhati High Court vide Judgement dated 04.02.2022 dismissed the WP(C) No.3038/2021.
Some legal experts are of the opinion that before approaching the Supreme Court, one step may be taken by filing Writ Appeal against Single Bench Judgement dated 22.07.2019 passed in WP (C) No.7811/2015 and Review against Division Bench Judgement dated 04.02.2022 in the Gauhati High Court. The Division Bench of High Court may be convinced to hear the Writ appeal and Review together. The Supreme Court may be approached after final outcome in the Division Bench of the High Court. It is very important that the findings of the Single Bench of GauhatiHigh Court that the provincialized Madrassas are not covered by the Articles29 and 30 of the Constitution are still holding the field.
Abdur RazzaqueBhuyan, legal expert on Madrasa issue, said, “The judgement of High Court has been challenged in the Supreme Court in a special leave petition. We have specifically said that even a minority institution if it is provincialized, or state has made any particular law that cannot wave off the fundamental rights guaranteed under the Constitution of India. We are expecting a hearing very shortly as the case has already been filed before the Supreme Court. We are hopeful that we will get the relief from the Supreme Court.”
In the month of September, 2014, Najma Heptullah, Minority Affairs Minister said, “In order to increase employability of Madrasa-educated students, some premier universities will launch a bridge course for them.”
The minister added, “The bridge course, under the Nai Manzil Scheme, will be introduced by Jawaharlal Nehru University, and Jamia Millia Islamia University in Delhi, Aligarh Muslim University in Aligarh, Maulana Azad National Urdu University in Hyderabad, and Indira Gandhi National Open University (IGNOU).” She further said, education and skill development of minorities is a priority for the government so that they can be economically empowered. The minister also said that the bridge course will give required skill training to Madrasa students.
If the Chief Minister of Assam is really concerned about the fate of the Madrasa students and want to do something then he should try to introduce bridge course for Madrasa students in universities of Assam and reform the Madrasas without trespassing and interfering in its foundational structure and the purpose these madrasas are serving to the literacy index of Muslims and the state.
In an open letter to the Chief Minister of Assam on 3 June, 2022, M. Burhanuddin Qasmi, an author, journalist and educationist said, “Your whole argument against madrasah is a fallacy; your whole plot is factually incorrect and misleading for common public. Please do ask your own conscience and introspect your recent statements in reference to madrasah and 36% Muslim population of our state – Assam. We wish to see you as an upfront and dynamic leader who appeals to all the citizens of his state and stands tall during the intellectual assertion too. Your biased politics is simply disappointing and extremely harmful for the poor state of Assam and its education.”
He added, “Let’s work together for the betterment of Assam and India as a Govt.-NPO joint venture and materialize your dream to produce doctors and engineers from existing madrasas if you are really sincere to make a positive change in Assam’s existing madrasah education system.”Mr. Qasmi suggests a two-point formula:
(a) Please appoint two specialized teachers, one each, for science and mathematics for all 700 plus state funded madrasas in Assam without shutting down a single of them.
(b) Establish required numbers of medical and engineering colleges in the state of Assam.
And he adds: “Rest, I and my team will volunteer for you as NPO partner in education and bring hundreds of madrasah students to appear for the NEET and JEE exams in just next four years’ time following the beginning of the project. Be assured, Dr.Sarma, we can do it as I have been in education for the last 25 years and this project will bring outstanding results without demanding too much cost and manpower. This may potentially make our Assam a leader in education, a trendsetter and a hub of education in India.”