Guwahati: A petition has been filed in the Supreme Court against the decision to convert madrassas into schools in Assam. The decision of the Gauhati High Court has been challenged in the Supreme Court, in which they upheld the decision of the Assam government. In February this year, the High Court had upheld the Assam Repealing Act 2020 and said that all government-funded madrassas in Assam be converted into schools.

Mohammad Imaduddin Barbhuiya and others in their petition have demanded a stay on this order of the High Court. The petition told the Supreme Court that the repeal act and subsequent government orders violated the fundamental rights of the petitioners under Articles 25, 26, 28 and 30 of the Indian Constitution. According to reports, the petition states that the repeal act of 2020 is taking away the statutory recognition and property of madrasa education. The Governor's order dated 12 February 2021 dissolves the Assam State Madrasa Board constituted in 1954. It is an arbitrariness of legislative and executive powers to prevent madrassas from imparting religious instruction.

It is noteworthy that the Gauhati High Court of Assam, in its judgment on February 4, had held that educational institutions receiving funds from the government cannot impart religious education. The High Court, while upholding the Assam government's decision to convert all state-funded madrassas into normal schools, had turned down the plea of ​​13 muttavalis (donors) who had given land for madrassas.

What is Assam Repealing Act-2020?

Let us inform that the state government, while passing the Assam Repealing Act-2020 in the assembly, had decided to convert government-aided madrassas into schools on the basis of this law. Under this Act, the Madrasa Education (Provincialization) Act- 1995 and the Assam Madrasa Education (Provincialization of Services of Employees and Reorganization of Madrasa Educational Institutions) Act- 2018 were repealed.

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