Fears of misuse of properties built through Zakat, donations and community funds if madrassas are declared unfit; demand for mandatory audit and clear policy framework*

Report : Amaanullah Usmani

Dehradun. Following the recent announcement by the Uttarakhand government regarding the formation of a new Uttarakhand Minority Education Authority to regulate and administer madrasa education, serious concerns have been raised over the protection of public charitable properties associated with madrassas. Social activist and Dehradun resident Khurshid Ahmad Siddiqui has submitted a detailed representation to the Hon’ble Chief Minister, urging the government to ensure strong legal safeguards in this regard.

In his representation, Siddiqui stated that while the objective of improving education standards, enhancing transparency, and introducing secular subjects in madrasa education is commendable, the proposed re-registration process under the new authority may result in several madrassas being declared unfit and subsequently closed. This, he warned, raises significant public interest concerns regarding the future of their land, buildings, and financial assets.

The representation highlights that the majority of madrassas in Uttarakhand—whether previously registered or unregistered—have been established, maintained, and sustained through public charity, including Zakat, Sadaqah, and community contributions. As such, their movable and immovable properties constitute public charitable assets held in trust for religious and educational purposes. The managing committees or office bearers, Siddiqui emphasized, act merely as custodians of these properties and cannot claim ownership, either morally or legally.

Siddiqui has sought clarity from the government on the mechanism that will be put in place to prevent misuse, illegal transfer, sale, or conversion of such publicly funded properties for private purposes in the event that a madrassa is declared ineligible and shut down. He has also demanded that a mandatory audit of land, infrastructure, and financial resources be conducted before or at the time of closure to ensure accountability of the management bodies.

Thememorandum further urges the government to formulate clear and transparent rules regarding the transfer or continued charitable use of such properties. Suggested options include transferring assets to eligible and recognized madrassas, utilizing them for minority or public educational purposes, or placing them under the management of a suitable statutory or charitable institution.

The representation warns that failure to address these issues proactively could lead to serious consequences, including criminal breach of trust, civil litigation, erosion of public confidence in minority educational institutions, and social unrest. Public donations given in good faith for education, it stresses, must remain protected and be used solely for the intended charitable purposes under all circumstances.

Concluding his appeal, Siddiqui expressed confidence that the Uttarakhand Government would consider the matter in the spirit of constitutional values, public accountability, and social justice, and would ensure that reforms in madrasa education are accompanied by clear policy guidelines and strong legal safeguards to prevent any misuse of public charitable assets.