'Violating Constitutional Rights': Inside The Crackdown on Uttarakhand Madrassas

"We were not informed, my Madrassa was functioning since Uttarakhand was part of UP," says Shoeb Ahmed.

173 Madrassas have been sealed after the authorities probed and allegedly found them 'illegal.'

(Photo: Vibhushita Singh/The Quint)

There has been an official crackdown on allegedly "illegal" Madrassas in Uttarakhand, days after the Waqf Amendment Act came into force. But documents accessed by The Quint, testimonies of a Madrassa's caretaker, among others in the state paint a complex picture.

The district administration along with the police has sealed 173 Madrassas in their recent move. Thirteen “illegal” madrassas were sealed by the Nainital district administration in Haldwani’s Banphoolpura, earlier 21 Madrassas were sealed in Nainital as well. This has put the current existence and the future of many Madrassas in danger.

Additionally, the state government has removed over 560 mazars allegedly “built illegally on government land."

Interestingly, the current clampdown of investigating and sealing Madrassas has not been because of any new press release by the Chief Minister's office but an old one from four months ago.

The press release, as accessed by The Quint was dated 23 December 2024. On the basis of a report filed in 'Hindustan Dainik Samachar Patr,' a high-level committee should be formed to investigate the Madrassas operating without registration. The report was to be filed within 10 days.

Press release by Uttarakhand CMO in December 2024.

(Photo: Accessed by The Quint)

However, this has been seen as a deliberate attempt to target the Madrassas, even those who have the documents in place, adding to the anti-Madrassa rhetoric in Uttarakhand.

Uttarakhand CM Pushkar Singh Dhami has a huge role to play in pushing this rhetoric. While he has propagated 'Love Jihad,' 'Land Jihad' and 'Thook Jihad' narratives out and loud, Madrassas are also among his targets.

This is what he posted recently:

There are Madrassas which do not have a registration, they say they are running Madrassas, but they are running something else. The children who are coming to these Madrassas are not going there for education, either they're Rohingyas or like criminals, there have been reports.

Pushkar Singh Dhami, Uttarakhand CM

'Neither Informed, Nor Given Notice'

One of the Madrassa which was sealed in the latest exercise is the Madrasa Ihya Ul Uloom in Haldwani.

Footage accessed by The Quint showed that Shoeb Ahmed, the caretaker of the Madrassa asking the authorities as to what grounds they were inspecting and sealing the Madrassa, he told them they have the relevant papers and it has been registered with the Waqf board since years.

Shoeb Ahmed, caretaker of Madrasa Ihya Ul Uloom in Haldwani. This Madrassa has also been sealed.

(Photo: Abu Bakar)

The sealing of these madrassas is completely illegal; there were no grounds to do so. Neither were we informed, nor were we given any notice. Secondly, they are declaring those madrassas illegal which have been part of the Waqf board since the time Uttarakhand was historically a part of Uttar Pradesh and we are registered.

Shoeb Ahmed to The Quint

RTI response shows the total number of Madrassas in the state.

(Photo: Accessed by The Quint)

Ahmed stated that the 2011 Madrassa Board came up later and they were not called for discussion, counseling or asked to join the Board. He has added that authorities are misinforming people that they have closed 'illegal madrassas.'

"They are not telling the truth to the media that this government wants to give us money, around 20-30 lakhs to each madrassa, which we do not want to take. Why are they not openly telling people they want to fund the madrassas, why are they saying they have sealed the illegal ones? They should say openly that because we are not accepting this, they are declaring the madrassa illegal," alleged Ahmed.

How Will This Affect The Children?

What remains to be seen is how the sealing of the Madrassas will affect the children who were availing them for religious studies. Many Madrassas teach Quran and Namaz to children after their school while some also teach other subjects like Maths and English.

As to how this will affect the children, Ahmed told The Quint:

"Around 80-100 children come and study here, who after their school, come here for half an hour or 45 minutes. We teach them namaz if they don't know how to do it, we teach them the religious texts as well, and these children are not permanent to give them the liberty that whenever they are free they can come. They come, learn and leave. We don't issue any degree or marksheet. We only impart religious teachings so they can respect the elders and know their culture."

The Quint also accessed the Madrassa's documents, its society registration, entry in the Uttarakhand Waqf Board, fees to Waqf board and proof of registration in 2018 as well.

The area in the Madrassa where the children came to study after their school.

(Photo: Abu Bakar)

District President, Jamiat Ulema Hind, Nainital, Mohammad Mukeem also emphasised on the rights given to minorities by Indian law — Article 25.

"The country functions in accordance to law, it does not work as per our whims and fancies...The beauty of a democratic nation likes ours is that we discuss these rights and minorities exercise them too. Among those constitutional rights is our right to profess religion and build religious institutions for the same," he stated.

When it comes to the children, he pointed out that this will hamper their accessibility to traditional religious learning.

These are school-going children mostly, who visit their nearest mosque or madrassa to get some religious education part-time, for an hour or so. How to do wuzu (ritual abolution), offer namaz and read The Quran. They are not stopped from going to school. These madrassas are also being investigated and sealed. If they are going to stop these religious and educational spaces, then it is a violation against the rights given to minorities.

Mohd Mukeem to The Quint

District President, Jamiat Ulema Hind, Nainital.

(Photo: Abu Bakar)

In a statement, Vishwanath Gautam, District Minority Welfare Officer, he said the actions have been taken in compliance with the guidelines of the state government.

"To ensure that the education of the children receiving religious education in the said madrasas is not disrupted, an appropriate decision has been taken that all the affected children will be transferred to the registered madrasas of Nainital district and their religious education will be continued," read the statement.

Police sealing one of the Madrassas in Haldwani.

(Photo: Abu Bakar)

'No information With Madrassa Board': Reveals RTI

Last month, Uttarakhand CMO had stated that within 15 days, more than 52 illegally run madrasas were sealed. as per CM Dhami's instructions. Some of these were in Vikasnagar, Dehradun and in Khatima.

But here's another catch. While the crackdown on Madrassas is on full-swing, an RTI filed by lawyer and activist Nadeem Uddin recently, revealed that the Uttarakhand Madrassa Board does not have records or details about the investigation and sealing of Madrassas.

RTI filed by Nadeem Uddin reveals the Uttarakhand Madrassa Board has no information about the sealing/probing of Madrassas.

(Photo: Accessed by The Quint)

Moreover as per the government guidelines also accessed by The Quint, if any Madrassa's condition is found not in compliance with the rules/regulations, the Registrar shall give written instructions and stipulated time as well as notice. However, none of these steps seem to have been followed.

Government's SOP and guidelines.

(Photo: Accessed by The Quint)

On the other hand, Additional District Magistrate Vivek Rai has said, "If you are not legal, then you will be sealed."

"The investigation has been going on since yesterday, in every area where we have found that illegal madrassas were functioning, we are probing them. We have a team consisting of SDM, CO and some other officials, that there are 18 such madrassas which are not registered and illegal and hence, have been investigating them. So far, action has been taken against a total of 21 madrasas in Nainital district," he said.

Apart from these, he added that three madrasas were also sealed in the Kaladhungi area of the district, which were being run 'illegally.'

The ADM also informed about 10 registered madrasas operating in Haldwani of Nainital district, out of which some are: Madrasa Taleem Ul Islam Line No. 18 Azad Nagar, Haldwani, Madrasa Rahmate Alam Arabia, Indranagar Haldwani, Madrasa Nainital Public School, Indranagar Haldani, Madrasa Ahle Sunnat Faizan e Khatibi, Ganganagar Kathgodam.

As probes into the Madrassas continue, at present, 173 out of 452 Madrassas have been sealed by the district authorities.