What Uttarakhand’s Bill to govern minority educational institution says

According to the Census of 2011, slightly more than 17% of the state’s population of 1.01 crore were non-Hindus (this includes those who did not state their religion). Muslims comprised 13.94% of the total population and Sikhs 2.35%. Other minorities, put together, made up less than 1% of the Uttarakhand’s population.

The new authority

The USAME will comprise 12 members.

🔴 A chairperson, who is an academician from one of the six minority communities mentioned in the Bill with a teaching experience of 15 years as a professor at a higher education institution;

🔴 Six academicians — one from each minority community — with a teaching experience of at least ten years in a subject relating to their religion;

🔴 One retired civil servant of secretary rank or above, and one social worker with ten years of experience in school education; and

🔴 Three ex-officio members including the director general of school education, the director of the State Council of Educational Research and Training, and the director of the Minority Welfare department.

The USAME will meet at least once every quarter and its decisions will be made by voting. In case of a tie, the senior-most ex-officio member will make the final call. Moreover, the state government has an overriding power over the Authority. It can take immediate action without consulting the USAME, and modify or rescind any action taken by it.

The Madrasa Board comprised 13 members, nine of whom were Muslims, or belonged to Muslim institutions.

Conditions for recognition

Any educational institution run by a minority community and imparting religious education will have to be recognised by the USAME. Recognition will be granted for three academic sessions at a time.

The Bill, under Section 14, lays down a list of conditions that minority institutions must meet to be recognised by the USAME.

Clauses (a) to (g) of Section 14 mandate affiliation to the state’s Board of School Education, require that a minority institution be run by a society, trust, or a non-profit with the clearly specified objective of “serving the interest of the minority community to which it belongs”, and state that all financial transactions take place through a bank account opened in the name of that institution in a commercial bank.

Clause (h) states that “the minority educational institution shall not compel its students or employees to take part in any of its religious activities”. Clause (i) mandates that the minority institution appoint teachers as per qualifications laid down by the Board, and clause (j) states that the rules of the Board and the USAME will be applicable to the institutions “in all academic, administrative, and financial matters”.

Clause (k) states that “the minority educational institution shall not do anything which may come in the way of communal and social harmony”.

Clause (l) says that “not more than fifteen percent students from non-minority community shall be enrolled in minority educational institution”.

According to a communication from the BJP, Kashipur MLA Trilok Singh Cheema dissented to clause (l) which was subsequently deleted from the final draft of the Bill.

Section 15 of the Bill empowers the USAME to “examine the application for recognition as a minority educational institution… and if required, get the educational institution inspected”.

Previously, Uttarakhand recognised only madrasas as minority institutions under the Madrasa Education Board Act, 2016, and the Uttarakhand, Non-Government Arabic and Persian Madrasa Recognition Rules, 2019. All 452 madrasas currently recognised by the Madrasa Board will now have to be re-recognised by the 2025-26 academic session.

The USAME can also cancel recognition if it finds misutilisation of funds or “violation” of any stipulation contained in Section 14.

Other powers, responsibilities

Apart from subjects permitted and prescribed by the Board of School Education, the Bill says that minority institutions can teach additional subjects specific to their religion, provided they “conform to the standards, quality and content laid down by the Authority”.

Within 30 days from the date of its constitution, the USME will form sub-committees among its members to develop curricula for minority institutions within the next six months. This curricula will be further vetted by the Board of School Education.

Previously, the curricula for madrasas were set by the Madrasa Board.

The USAME is also meant to provide assistance to the Board of School Education in extending “modern educational opportunities” to the students of minority communities and “facilitating excellence of education” to ensure “welfare of students”.