Supreme Court overturns Islamic schools ban in India’s most populous state

A teacher watches as students recite the Holy Quran in a classroom during the Islamic holy month of Ramadan at the Madrasatur-Rashaad religious school in Hyderabad on March 13, 2024. (AFP/File)
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Updated 05 November 2024
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Supreme Court overturns Islamic schools ban in India’s most populous state

  • There are 2.6 million students and about 25,000 Muslim religious schools in Uttar Pradesh
  • Article 30 of India’s Constitution guarantees the right of minorities to run educational institutions

NEW DELHI: India’s top court overturned on Tuesday an order that banned Islamic schools in Uttar Pradesh, effectively permitting over two million students in the country’s most populous state to return to their studies in madrasas. 

Islam is the second-largest religion in Uttar Pradesh, accounting for some 20 percent of its 230 million population. 

In March, Uttar Pradesh’s Allahabad High Court scraped a 2004 law governing madrasas in the state, saying it violated India’s constitutional secularism and ordering that students be moved to conventional schools. The Supreme Court put it on hold in April after receiving petitions challenging the order. 

Tuesday’s ruling by the top court will allow about 2.6 million students and 10,000 teachers to return to the 25,000 Muslims religious schools operating in the northern Indian state.

“The Allahabad High Court erred in holding that the madrasa law had to be struck down for violating basic structure, which is the principle of secularism,” Chief Justice D.Y. Chandrachud said in court. “The constitutional validity of a statute cannot be challenged for violation of the basic structure of the Constitution.” 

Article 30 of India’s Constitution guarantees the right of minorities to establish and administer educational institutions. 

“The Madrasa Act is consistent with the positive obligation of the state to ensure that students studying in recognized madrasas attain a level of competency which will allow them to effectively participate in society and earn a living.” 

Madrasas provide a system of education in which students are taught Qur’an, Islamic history and general subjects like math and science. 

In states governed by Prime Minister Narendra Modi’s Bharatiya Janata Party, such as Uttar Pradesh and Assam, authorities have been converting hundreds of madrasas into regular schools. 

“This is a landmark judgment and puts a brake to all the negative campaigns that has been going on against madrasas across the country,” Wahidullah Khan, secretary-general of the All-India Teachers Association Madaris Arabia, told Arab News. 

“For us, it’s a big relief. It provides a new lease of life to thousands of madrasas across the country. The Islamic schools have been taking care of the basic education of millions of Muslims across the country and we were under lots of pressure because of the communal campaign against Muslims and their educational institutions.” 

With over 200 million Indians professing Islam, Hindu-majority India has the world’s largest Muslim-minority population. 

Indian Muslims have faced increasing discrimination and challenges in the past decade, accompanied by tensions and riots ignited by majoritarian policies of the Hindu right-wing BJP since it rose to power in 2014. 

“We were waiting for this kind of verdict. It’s quite welcoming and relieving for the Muslim community,” Iftikhar Ahmed Javed, BJP member and former chairman of the Uttar Pradesh Board of Madrasa Education, told Arab News. 

“The judgment brings relief to all,” he said. “There has been a systematic attempt to stigmatize the Islamic schools over the years and branding them as vicious but the ruling of the Supreme Court should now stop this negative campaign.” 
 


Trump targets non-white immigrants in renewed xenophobic rants

Updated 8 sec ago
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Trump targets non-white immigrants in renewed xenophobic rants

WASHINGTON: Back in 2018, President Donald Trump disputed having used the epithet “shithole” to describe some countries whose citizens emigrated to the United States.
Nowadays, he embraces it and pushes his anti-immigrant and xenophobic tirades even further.
Case in point: during a rally in the northeastern state of Pennsylvania on Wednesday that was supposed to focus on his economic policy, the 79-year-old Republican openly ranted and reused the phrase that had sparked an outcry during his first term.
“We had a meeting and I said, ‘Why is it we only take people from shithole countries,’ right? ‘Why can’t we have some people from Norway, Sweden?’” Trump told his cheering audience.
“But we always take people from Somalia,” he continued. “Places that are a disaster. Filthy, dirty, disgusting, ridden with crime.”
Recently, he called Somali immigrants “trash.”
These comments are “more proof of his racist, anti-immigrant agenda,” Massachusetts Senator Ed Markey responded on X.

The Trump megaphone

Florida Republican lawmaker Randy Fine, on the other hand, defended Trump.
“Not all cultures are equal and not all countries are equal,” he said on CNN, adding “the president speaks in language that Americans understand, he is blunt.”
University of Albany history professor Carl Bon Tempo told AFP this type of anti-immigrant rhetoric has long thrived on the far-right.
“The difference is now it’s coming directly out of the White House,” he said, adding “there’s no bigger megaphone” in American politics.
On the campaign trail in 2023, Trump told a rally in New Hampshire that immigrants were “poisoning the blood of our country” — a remark that drew comparisons to Nazi dictator Adolf Hitler.
Now back in power, Trump’s administration has launched a sweeping and brutal deportation campaign and suspended immigration applications from nationals of 19 of the poorest countries on the planet.
Simultaneously, the president ordered white South African farmers to be admitted to the US, claiming their persecution.

No filter left

“Any filter he might have had is gone,” Terri Givens, a professor at the University of British Columbia in Canada and immigration policy expert, told AFP.
For Trump, it doesn’t matter whether an immigrant obeys the law, or owns a business, or has been here for decades, according to Syracuse University political science professor Mark Brockway.
“They are caught in the middle of Trump’s fight against an invented evil enemy,” Brockway told AFP.
By describing some immigrants as “killers, leeches, and entitlement junkies” — as Secretary of Homeland Security Kristi Noem did earlier this month — the White House is designating a target other than itself for American economic ire at a time when the cost of living has gone up and fears are growing over job security and loss of federal benefits.
But, Bon Tempo noted, “when immigration spikes as an issue, it spikes because of economics sometimes, but it also spikes because of these larger sort of foundational questions about what it means to be an American.”
On November 28, after an Afghan national attacked two National Guard soldiers in Washington, Trump took to his Truth Social network to call for “REVERSE MIGRATION.”
This notion, developed by European far-right theorists such as French writer Renaud Camus, refers to the mass expulsion of foreigners deemed incapable of assimilation.
Digging into the “Make America Great Again” belief system, many experts have noted echoes of the “nativist” current of politics from the 1920s in the US, which held that white, Anglo-Saxon, Protestant culture was the true American identity.
That stance led to immigration policies favoring Northern and Western Europe.
As White House senior adviser Stephen Miller recently wrote on X: “This is the great lie of mass migration. You are not just importing individuals. You are importing societies...At scale, migrants and their descendants recreate the conditions, and terrors, of their broken homelands.”
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