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The Gauhati High Court (HC) upheld an Assam government legislation passed in 2020 that stated about transforming government-run madrasas to regular schools, thereby preventing the forcible impart of religious instructions. 

A division bench of Chief Justice Sudhanshu Dhulia and Justice Soumitra Saikia heard the matter, and reasoned that reforms that have been introduced by the government are only for the provincialized Madrassas. These institutes are government schools and hence, it doesn’t apply to private or community ones.

“We uphold the validity of the Assam Repealing Act, 2020 and the subsequent orders and communication of the (Assam) government,” – stated the order passed by a division bench.

It had also dismissed a writ petition that challenged the validity of this Act.

According to Livelaw report, the Court also rejected the arguments made by Senior Advocate Sanjay Hegde for the petitioners that the Repealing Act and the subsequent government orders. 

Taking to Twitter, the Assam CM referred the development as ‘landmark judgement’. “Division Bench of Honble Gauhati High Court in a landmark judgment delivered today upheld the Act of 2020 to repeal Madrassa Education Procincialisation Acts and also upheld all other notifications to convert 397 provincialised madrrassas to general educational institutions.” – he wrote.

Division Bench of Honble Gauhati High Court in a landmark judgment delivered today upheld the Act of 2020 to repeal Madrassa Education Procincialisation Acts and also upheld all other notifications to convert 397 provincialised madrrassas to general educational institutions.

— Himanta Biswa Sarma (@himantabiswa) February 4, 2022

Its worthy to note that the state assembly had passed the Assam Repealing Act, 2020 in January 2021. It repealed two legislations – Madrasa Education Provincialization Act, 1955 and Assam Madrasa Education Act, 2018.