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.” 
 


France’s Le Pen insists party acted in ‘good faith’ at EU fraud appeal

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France’s Le Pen insists party acted in ‘good faith’ at EU fraud appeal

  • Le Pen said on her second day of questioning that even if her party broke the law, it was unintentional
  • She also argued that the passage of time made it “extremely difficult” for her to prove her innocence

PARIS: French far-right leader Marine Le Pen told an appeals trial on Wednesday that her party acted in “good faith,” denying an effort to embezzle European Parliament funds as she fights to keep her 2027 presidential bid alive.
A French court last year barred Le Pen, a three-time presidential candidate from the far-right National Rally (RN), from running for office for five years over a fake jobs scam at the European institution.
It found her, along with 24 former European Parliament lawmakers, assistants and accountants as well as the party itself, guilty of operating a “system” from 2004 to 2016 using European Parliament funds to employ party staff in France.
Le Pen — who on Tuesday rejected the idea of an organized scheme — said on her second day of questioning that even if her party broke the law, it was unintentional.
“We were acting in complete good faith,” she said in the dock on Wednesday.
“We can undoubtedly be criticized,” the 57-year-old said, shifting instead the blame to the legislature’s alleged lack of information and oversight.
“The European Parliament’s administration was much more lenient than it is today,” she said.
Le Pen also argued that the passage of time made it “extremely difficult” for her to prove her innocence.
“I don’t know how to prove to you what I can’t prove to you, what I have to prove to you,” she told the court.
Eleven others and the party are also appealing in a trial to last until mid-February, with a decision expected this summer.

- Rules were ‘clear’ -

Le Pen was also handed a four-year prison sentence, with two years suspended, and fined 100,000 euros ($116,000) in the initial trial.
She now again risks the maximum sentence of 10 years in prison and a one-million-euro ($1.16 million) fine if the appeal fails.
Le Pen is hoping to be acquitted — or at least for a shorter election ban and no time under house arrest.
On Tuesday, Le Pen pushed back against the argument that there was an organized operation to funnel EU funds to the far-right party.
“The term ‘system’ bothers me because it gives the impression of manipulation,” she said.
EU Parliament official Didier Klethi last week said the legislature’s rules were “clear.”
EU lawmakers could employ assistants, who were allowed to engage in political activism, but this was forbidden “during working hours,” he said.
If the court upholds the first ruling, Le Pen will be prevented from running in the 2027 election, widely seen as her best chance to win the country’s top job.
She made it to the second round in the 2017 and 2022 presidential polls, before losing to Emmanuel Macron. But he cannot run this time after two consecutive terms in office.