The Assam Assembly approved an Act repealing the Madrassa Education Provincialisation Act last year, which was affirmed by the Gauhati High Court. Assam's government-run Madrassas were disbanded on April 1 last year, and over 620 of them were converted into normal schools, according to the Governor's approval to the Assam Repealing Act, 2020, which was enacted by the Assembly on December 30, 2020.
A division panel of Chief Justice Sudhanshu Dhulia and Justice Soumitra Saikia dismissed a writ petition brought by 13 petitioners, affirming the constitutional validity of the Assam Repealing Act 2020. "As a result, the petitioners' claim that these madrasas are minority institutions that were formed and governed by minorities which has no foundation, and so it is not viable," the court said. According to the HC, all citizens are equal before the law under the Constitution.
"As a result, in a multi-religious society like ours, the state's preference for any one religion violates the concept of Articles 14 and 15 of the Indian Constitution," the court reasoned. According to the court, the state's secular nature demands that no religious teaching be provided in any educational institution supported entirely by state funds.
Many madrassas' management committees had challenged the state government's decision in court, saying that the standard operating procedures for converting madrassas into regular and general schools were in violation of Articles 29 and 30 of the Constitution.
Assam Chief Minister Himanta Biswa Sarma praised the High Court decision, calling it a significant milestone in the state's history. The Assam government adopted a proposal in December 2020 to eliminate Madrassas and Sanskrit tolls (schools) and replace them with general schools.
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