Ayodhya Dispute: Need for Upholding Law

Ram Puniyani
November 30, 2017

The dispute around Babri Mosque seems to be unending. Just weeks ago we saw Sri Sri Ravishankar, the well known founder of ‘Art of Living’ stepping in to settle it ‘out of Court’. Now RSS Chief Mohan Bhagwat (24th November 2017) has made a statement that only Temple will come up in Ayodhya. His assertion is just the repeat of RSS stand on the topic, which is despite the Allahabad Court judgment. As far as Sri Sri Ravishanker is concerned he is regarded as a spiritual person but at times he jumps into political issues. Earlier; one heard of his intervention; was at the time of Anna Hazares anti-corruption upsurge.

This time around Sri Sri is back on the political chessboard. He has already met the UP Chief Minister and plans to meet many local religious leaders from Hindu side. As such the Ayodhya matter is pending in the Supreme Court following the appeal by disputants. The Allahabad Judgment had divided the land, where Babri mosque was standing into three parts. One part to Sunni Waqf Board, one to Ram lalla Nyas and one to Nirmohi Akhada. The judgment primarily resorted to the fact that it is the ‘faith of Hindus’ that Lord Ram was born at the spot, so those two thirds were given to those representing the Hindu side, while Sunni Waqf Board has been given one third of the land. Now both Hindus and Muslims are claiming that whole land belongs to them alone.

As country got Independence, the land was under the possession of Sunni Waqf Board. On the night of 22 December 1949, some miscreants, belonging to pro Hindu groups, entered the mosque illegally and installed the Ram Lalla Idols in the mosque. Pundit Nehru, the then Prime Minister of the country wrote to the Chief of UP Government, Govind Vallabh Pant to get the idols removed immediately. The local Magistrate K.K.Nayyar, who later contested elections for MP on BJP predecessor Bharatiya Janasangh ticket, did not get the idols removed. The gates of mosque were locked. Under the pressure of rising Ram Temple movement the locks were removed and Shilanyas was performed when Rajiv Gandhi was the Prime Minister. This was in the aftermath of Shah Bano Judgment reversal by the act of Parliament. In the aftermath of this; RSS Combine intensified its campaign of ‘appeasement of Muslims’ and got support from the sections of Society.

It is around this time that BJP’s Lal Krishna Advani, made Ram Temple as the central part of his political campaign. In the aftermath of implementation of Mandal Commission report by VP Singh, BJP intensified its campaign for Ram Temple and Advani’s Rath yatra left a trail of communal violence and led to deeper polarization of society. This polarization and later attempts by RSS combine led to demolition of Babri mosque on December 6, 1992. The installation of the Ram Lalla idols was a crime and the guilty went unpunished. The demolition of the mosque was a crime and its culprits went on to become politically more powerful, Advani as Deputy Prime Minister, Murli Manohar Joshi and Uma Bharati occupying high political offices. Liberhan Commission report highlighted some of the factors leading to demolition. Advani and Company is facing the charges of criminal conspiracy in the Courts.

In the past the criminal acts related to Babri Mosque have paid rich political dividends to those who were part of illegal acts. The basic dictum is that reconciliation is always good; it is welcome all the time. Despite the nature of the past; out of court settlement is the best option to be sure. But who can do that sort of reconciliation? Can one begin the process of reconciliation without respecting the legal verdict? While many Hindu leaders are welcoming Sri Sri, the Sunni Waqf Board has asked for the solution he has in mind before they can meet him. Also they want to wait for the meeting of All India Muslim Personal Law Board, before they venture to meet Sri Sri. As such while the Hindu side has been harping that Muslims should give up their claim on this land and they will be given land at another place to build a mosque. This becomes clear with the statement of RSS Chief.

Shia Waqf Board, though it is not a party to the legal dispute, has shown willingness to yield to the demands of Hindu side. Can a large section of Muslims go along with the present efforts of the like of Ravishanker and the statement of Bhagwat? The answer to this question is difficult as Sri Sri does not seem to be a neutral person. He comes from the category of Modern Hindu Gurus. On most of the matters of social reform he is closer to conservative values. He has never condemned the crime of demolition of Babri mosque; neither did he grieve the massive violence unleashed in the aftermath of Babri demolition. He seems to be partisan to the ideology of Hindu nationalism, while posing to be neutral about it. RSS is adamant on Hindu temple alone at the site as it is the part of their political agenda.

In these circumstances what should the Muslims do? The wedge between Shias and Sunnis is being promoted deliberately. While it was a Shia mosque, the Sunni Board has been the litigant. During last three decades, the Muslim community is being relegated on the margins of society due to communalization. In these circumstances, sticking to Legal recourse seems to be the best option for most of them. The likes of Sri Sri in the name of reconciliation will try to promote the solution amicable to those who have been at the forefront of installing Ram Lalla and demolition of the Mosque, both big crimes in a democratic society! Irrespective of the awaited Supreme Court judgment RSS is already asserting for Ram Mandir alone. Hope the highest Court gives a verdict which respects minority rights also.

Comments

Abdul Ghanim
 - 
Saturday, 2 Dec 2017

the remarks of RSS chief Mohan Bhagwat at Dharma Sansad held in Udupi that ‘only Ram Mandir and nothing else will be built in Ayodhya’ at the place where Babri Masjid stood before its demolition. This assertion of RSS chief days before the Hon’ble Supreme Court begins its final hearing on the appeals in Babri Masjid – Ram Janmabhoomi case is an attempt to influence the apex court and it amount to contempt of judiciary. His further remarks that it was ‘not a populist declaration, but a matter of faith which will not be changed’ also amounts to a veiled warning to the apex court that it need not look into records and facts of the issue because it is “a matter of faith” only. The Chief Justice of India to view this declaration seriously and initiate contempt proceedings against Mohan Bhagwat and other Sangh Parivar leaders who are indulged in similar activities..!!

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Ram Puniyani
June 29,2020

In Minneapolis, US an African American, George Floyd lost his life as the white policeman, Derek Chauvin, caught hold of him and put his knee on his neck. This is a technique developed by Israel police. For nine long minutes the knee of the while policeman was on the neck of George, who kept shouting, I can’t breathe.

Following this gruesome murder America erupted with protests, ‘Black lives matter’. The protestors were not just African Americans but also a large section of whites. Within US one police Chief apologized for the act of this. In a touching gesture of apology the police force came on its knees. This had reverberations in different parts of the World.

The act was the outcome of the remnants of the racial hatred against blacks by the whites. It is the hatred and the perceptions which are the roots of such acts of violence. What was also touching that the state of democracy in US is so deep that even the police apologized, the nation, whites and blacks, stood up as a sensitive collective against this violence.

US is not the only country where the brutal acts of violence torment the marginalized sections of society. In India there is a list of dalits, minorities and adivasis who are regularly subjected to such acts. But the reaction is very different. We have witnessed the case of Tabrez Ansari, who was tied to the pole by the mob and beaten ruthlessly. When he was taken to police station, police took enough time to take him to hospital and Tabrez died.

Mohsin Sheikh, a Pune techie was murdered by Hindu Rashtra Sena mob, the day Modi came to power in 2014. Afrazul was killed by Shambhulal Regar, videotaped the act released on social media. Regar believed that Muslims are indulging in love Jihad, so deserve such a fate. Mohammad Akhlaq is one among many names who were mob lynched on the issue of beef cow. The list can fill pages after pages.

Recently a young dalit boy was shot dead for the crime of entering a temple. In Una four dalits were stripped above waste and beaten mercilessly. Commenting on this act the Union Minister Ramvilas Paswan commented that it is a minor incident. Again the list of atrocities against dalits is long enough. The question is what Paswan is saying is the typical response to such gruesome murders and tortures. In US loss of one black life, created the democratic and humane response. In India there is a general silence in response to these atrocities. Some times after a good lapse of time, the Prime Minister will utter, ‘Mother Bharati has lost a son’. Most of the time victim is blamed. Some social groups raise their voice in some fora but by and large the deafening silence from the country is the norm.

India is regarded as the largest democracy. Democracy is the rule of law, and the ground on which the injustices are opposed. In America though the present President is insensitive person, but its institutions and processes of democratic articulations are strong. The institutions have deepened their roots and though prejudices may be guiding the actions of some of the officers like the killer of George, there are also police officers who can tell their President to shut up if he has nothing meaningful to say on the issue. The prejudices against Blacks may be prevalent and deep in character, still there are large average sections of society, who on the principles of ‘Black lives matter’. There are large sections of vocal population who can protest the violation of basic norms of democracy and humanism.

In India by contrast there are multiple reasons as to why the lives of Tabrez Ansari, Mohammad Akhlaq, Una dalit victims and their likes don’t matter. Though we claim that we are a democracy, insensitivity to injustices is on the rise. The strong propaganda against the people from margins has become so vicious during last few decades that any violence against them has become sort of a new normal. The large populace, though disturbed by such brutalities, is also fed the strong dose of biases against the victims. The communal forces have a great command over effective section of media and large section of social media, which generates Hate against these disadvantaged groups, thereby the response is muted, if at all.

As such also the process of deepening of our democracy has been weak. Democracy is a dynamic process; it’s not a fixed entity. Decades ago workers and dalits could protest for their rights. Now even if peasants make strong protests, dominant media presents it as blocking of traffic! How the roots of democracy are eroded and are visible in the form where the criticism of the ruling dispensation is labelled as anti National..

Our institutions have been eroded over a period of time, and these institutions coming to the rescue of the marginalized sections have been now become unthinkable. The outreach of communal, divisive ideology, the ideology which looks down on minorities, dalits and Adivasis has risen by leaps and bounds.

The democracy in India is gradually being turned in to a hollow shell, the rule of law being converted in to rule of an ideology, which does not have faith in Indian Constitution, which looks down upon pluralism and diversity of this country, which is more concerned for the privileges of the upper caste, rich and affluent. The crux of the matter is the weak nature of democracy, which was on way to become strong, but from decades of 1980s, as emotive issues took over, the strength of democracy started dwindling, and that’s when the murders of the types of George Floyd, become passé. One does complement the deeper roots of American democracy and its ability to protect the democratic institutions, which is not the case in India, where protests of the type, which were witnessed after George Floyd’s murder may be unthinkable, at least in the present times. 

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Ram Puniyani
January 9,2020

‘Go to Pakistan’ has probably been most often used phrase used against Muslims in India. Recently in yet another such incident the SP of Meerut, UP has been in the news and a video is circulating where he, Akhilesh Narayan Singh, is allegedly using the jibe ‘Go to Pakistan’. In the video he is seen shouting at protestors at Lisari Gate area in Meerut, “The ones (protestors) wearing those black or yellow armbands, tell them to go to Pakistan”. His seniors stood by him calling it ‘natural reaction to shouting of pro Pakistan slogans. Many BJP leaders like Uma Bhararti also defended the officer. Breaking ranks with fellow politicians, Mukhtar Abbas Naqvi of BJP, criticised the said officer and asked for suitable action against him. Interestingly this is same Naqvi, who earlier when the beef related arguments were going on; had stated that those who want to eat beef can go to Pakistan.

Interestingly this is probably the first time that any BJP leader has opposed the use of this jibe against the Indian Muslims. True to the dominance of trolls who support divisive politics, Naqvi has been trolled on the issue. As such vibe ‘Go to Pakistan’ has been a strong tool in the hands of aggressive elements to demonise Muslims in general and to humiliate those with Muslim names. One recalls that when due to the rising intolerance in the society many eminent writers, film makers were returning their awards, Aamir Khan said that his wife Kiran Rao is worried about their son. Immediately BJP worthies like Giriraj Singh pounced on him that he can go to Pakistan.

The strategy of BJP combine has been on one hand to use this ‘go to Pakistan’ to humiliate Muslims on the other from last few years another Pakistan dimension has been added. Those who are critical of the policies of BJP-RSS have on one hand been called as anti National and on the other it is being said that ‘they are speaking the language of Pakistan’.

Use of Pakistan to label the Muslims and dissidents here in India has been a very shrewd tool in the hands of communal forces. One remembers that the ‘cricket nationalism’ was also the one to use it. In case of India-Pakistan cricket match, the national hysteria, which it created, was also aiming at Indian Muslims. What was propagated was that Indian Muslims cheer for Pakistan victory and they root for Pakistan. There was an unfortunate grain of truth in this as a section of disgruntled, alienated Muslim did that. That was not the total picture, as most Indian Muslims were cheering for Indian victory. Many a Muslim cricketers contributed massively to Indian cricket victories. The cricket legends like Nawab Mansoor Ali Khan Pataudi, Irfan Pathan, and Mohammad Azaruddin are just the few among the long list of those who brought glories for India in the field of cricket.

Even in matters of defence there are legions of Muslims who contributed to Indian efforts in the war against Pakistan all through. Abdul Hamid’s role in 1965 India Pak war and the role of Muslim soldiers in Kargil war will be part of Indian military history. There have been generals in army who contributed in many ways for the role which military has been playing in service of the nation. General Zamiruddin Shah, when asked to handle Gujarat carnage, does recount how despite the lack of support from local administration for some time, eventually the military was able to quell the violence in some ways.

During freedom movement Muslims were as much part of the struggle against British rule as any other community. While the perception has been created that Muslims were demanding Pakistan, the truth is somewhere else. It was only the elite section of Muslims who supported the politics of Muslim League and later the same Muslim League could mobilize some other section and unleash the violence like ‘Direct Action’ in Kolkata, which in a way precipitated the actual process of partition, which was the goal of British and aim of Muslim League apart from this being the outcome of ‘Two Nation theory’.

Not much is popularized about the role of great number of Muslims who were part of National movement, who steadfastly opposed the idea and politics which led to the sad partition of the subcontinent. Few excellent accounts of the role of Muslims in freedom movement like Syed Nasir Ahmad, Ubaidur Rahman, Satish Ganjoo and Shamsul Islam are few of these not too well know books which give the outline of the great Muslim freedom fighters like Khan Abdul Gaffar Khan, Maulana Abul Kalam Azad, Ansari Brothers, Ashfaqulla Khan.

Immediately after partition tragedy the communal propaganda did the overdrive to blame the whole partition process on Muslim separatism, this totally undermined the fact that how poor Muslims had taken out massive marches to oppose the Lahore Resolution of separate Pakistan moved by Mohammad Ali Jinnah. The whole Muslim community started being seen as the homogenous, ‘The other’ and other misconceptions started against the community, the one’s relating them to atrocities of Muslim kings started being made as the part of popular folklore, leading the Hate against them. This Hate in turn laid the foundation of violence and eventual ghettoisation of this community.

The interactive-syncretism prevalent in India well presented by Gandhi-Nehru was pushed to the margins as those believing in pluralism did not actively engage with the issue. The economic marginalization of this community, coupled with the increasing insecurity in turn led to some of them to identify with Pakistan, and this small section was again presented as the representative of the whole Muslim community.

Today the battle of perception is heavily tilted against the Muslim community. It is a bit of a surprise as Naqvi is differing from his other fellow colleagues to say that the action should be taken against the erring police officer. The hope is that all round efforts are stepped up to combat the perception constructed against this religious minority in India. 

Comments

Prakash SS
 - 
Thursday, 9 Jan 2020

it is very much understandable if Pakistan is bad country our PM Namo would never visited without any invitation, that time Pakistan was good he prised their Mutton biriyani and Karak chai in pakistan. we feel something is wrong with our PM and his chelas. 

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Wafa Sultana
April 4,2020

Over the last couple of days when the world was occupied with unifying efforts to fight the deadly Covid19 pandemic, sections of Indian media provided viewers a familiar scapegoat – the Indian Muslims – who are often stereotyped as a community being constantly at loggerheads with the citizenry and the State. Biased media channels were quick to resort to blaming the entire Muslim community for the spread of the disease in the country, thanks to an ill-timed Tablighi Jamaat gathering at its international headquarters in Delhi’s Nizamuddin. Unsurprisingly, the opprobrium was also marked by a sudden spike in WhatsApp forwards of videos with people wearing skullcaps licking spoons and performing Sufi breathing rituals, suggesting some sort of wild conspiracy on the part of the community to spread the virus.  Some media channels were quick to formulate, hypothesize and provide loose definitions of a newly discovered form of Jihad i.e. ‘Corona Jihad ’ thereby vilifying the Islamic faith and its followers.

While the investigation on the culpability of the organizers of the Nizamuddin event is still ongoing, there is enough information to suggest that the meeting was held before any lockdown was in force, and the problem began when there was no way of getting people out once the curfew was announced. Be that as it may, there is little doubt that organizing a meet of such a scale when there is a global pandemic smacks of gross misjudgment, and definitely the organizers should be held accountable if laws or public orders were defied. Attendees who attempt to defy quarantine measures must be dealt with strictly. However, what is alarming is that the focus and narrative have now shifted from the unfortunate event at Nizamuddin to the Tablighi Jamaat itself.

For those not familiar with the Tablighi Jamaat, the organization was founded in 1926 in Mewat by scholar Maulana Mohammad Ilyas. The Jamaat’s main objective was to get Muslim youth to learn and practice pristine Islam shorn of external influences. This is achieved through individuals dedicating time for moral and spiritual upliftment secluded from the rest of the world for a brief period of time. There is no formal membership process. More senior and experienced participants typically travel from one mosque to other delivering talks on religious topics, inviting local youth to attend and then volunteer for a spiritual retreat for a fixed number of days to a mosque in a nearby town or village to present the message to their co-religionists. Contrary to ongoing Islamophobic rhetoric, the movement does not actively proselytize. The focus is rather on getting Muslims to learn the teachings and practices of Islam.  This grassroots India-based movement has now grown to almost all countries with substantial Muslim populations. Its annual meets, or ‘ijtemas’ are among the largest Islamic congregations in the world after the annual Haj. One of the reasons for its popularity and wide network in the subcontinent and wordwide is the fact that it has eschewed the need for scholarly intervention, focusing on peer learning of fundamental beliefs and practice rather than high-falutin ideological debates. The Tablighi Jamaat also distinguishes itself from other Islamic movements through its strictly apolitical nature, with a focus on individual self-improvement rather than political mobilization. Hardships and difficulty in the world are expected to be face through ‘sabr’ (patience) and ‘dua’ (supplication),  than through quest for political power or influence. In terms of ideology, it is very much based on mainstream Sunni Islamic principles derived from the Deobandi school.

So, why is all this background important in the current context? While biased media entities have expectedly brought out their Islamophobic paraphernalia out for full display, more neutral commentators have tried to paint the Tablighi Jamaat as a fringe group and have tried to distance it from 'mainstream Muslims'. While the intent is no doubt innocent, this is a trap we must not fall into. This narrative, unfortunately, is also gaining ground due to apathy some Muslims have for the group, accusing it of being “disconnected from the realities of the world”. Unlike other Muslim organizations and movements, the Tablighi Jamat, by virtue of its political indifference, does not boast of high-profile advocates and savvy spokespersons who can defend it in mainstream or social media.  The use of adjectives such as 'outdated' and 'orthodox' by liberal columnists to describe the Jamaat feeds into the malignant attempt to change the narrative from the control of the spread of the pandemic due to the Nizamuddin gathering to 'raison d'etre' of the organization itself.

A large mainstream religious group like the Tablighi Jamaat with nearly a hundred-year history, normally considered to be peaceful, apolitical and minding its own business is now suddenly being villainized owing to unfortunate circumstances. Biased media reactions filled with disgust and hate seem to feed the Indian public conscience with a danngerous misconception - to be a nominal Muslim is okay but being a practicing one is not.  For those committed to the truth and fighting the spread of Islamophobia, the temptation to throw the entire Tablighi Jamaat under the bus must be resisted.

The writer is a lawyer and research scholar at Qatar University. Her research interests include Islamic law and politics.

Comments

zahoorahmed
 - 
Saturday, 4 Apr 2020

great article! provides a great perspective on tableeg jamat

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