Whither Justice for Religious Minorities

[email protected] (Ram Puniyani)
October 19, 2016

Retired Justice of Supreme Court Justice Markandey Katju wrote (26 September 2016) to the Supreme Court judges, “You are aware that one Ikhilaq was brutally lynched by cow vigilantes in Dadri. Instead of severely punishing the perpetrators of this heinous outrage, the police and local judge are proceeding against the family of Ikhlaq…Have the police gone mad?”hammer

Chand Khan alias Shan Khan spent 11 years in a jail in 2002 Akshardham temple attack case before he was acquitted without any compensation so far. Instead he has been booked in a case of cow slaughter. (21 September 2016) There is a book by Mufti Abdul Qayum Abdul Hussain, ‘Eleven Years behind the bars’ (I am a mufti, I am not terrorist). This book tells the story of Mufti Sahab being arrested on charges of terrorist violence, tortured and then was released after spending such a long time in prison. A Muslim boy called Aamir Khan was in prison for 14 long years before he was released. He was booked under the charges of terrorism when he was preparing for his matriculation examination and as he came out of the dark dungeon he had already lost his father and found his mother seriously ill. Reading his book, ‘Framed as a Terrorist’, makes one realize as to what brutal extent the system can go against an innocent individual.

These are just few of the glaring samples from vast number of cases of Muslim youth and men who have faced the situation where their life came to a halt, careers ruined and families destroyed. One can add a large number to this list but couple of more examples is in order, Haji Umarji was in prison for being the mastermind of Godhra train burning and was released after few years of torture as no evidence of any type was found against him. In the infamous cases of terror blasts in Makkah Masjid (Hyderabad), Malegaon, Samjhauta Express and Ajmer blasts large number of Muslim youth were arrested and later released for lack of any credible evidence. Most of the investigations showed the sloppy and motivated investigation done by authorities. It has become a sort of pattern where the bias of police towards minorities becomes obvious. The scholars of communal violence in India tell us that the police did play a neutral role during British period. It was a force which intervened in a neutral way.

The biased attitude of police picks up after independence and right from the first major violence in Jabalpur in 1961, the anti minority attitude of police can be seen. Even the state machinery and political leaderships at times have aggravated this attitude by their policies. Most of the inquiry commission reports, films and documentaries bring out this fact. The representation of Muslims in the state services is miniscule, and those Muslims who are in the position of authority have to go with the flow either by keeping quite or they are given postings in the areas where they can’t influence the dynamics of communal violence.

Shrikrishna Commission report of Mumbai violence showed that many police officers either looked the other way around or sided with those indulging in violence. Same was the case in massive anti Sikh violence (Delhi 1984) and Gujarat violence, to give the few examples. In one case of anti minority violence in Mahararshtra (Dhule 2013) the police itself took up the role of perpetrators of mayhem. In a very revealing book Hashimpura, V.N. Rai ex Director General of police points out that the police deliberately took away truck load of Muslims and shot them point blank and threw their bodies in the canal. It was few of the survivors of the tragedy who told the tale of their harrowing experience.

After 9/11 2001, WTC attack, American media manufactured a phrase ‘Islamic Terrorism’, which cleverly hides US goal of propping up Al Qaeda for controlling oil wealth and projects as if Islam-Muslims are the cause of terrorism in the World. Since then the matters have worsened and not only the broad social thinking but even the state authorities are totally taken in by this propaganda. The global Islam phobia has been cultivated by media and vested interests.

There is an urgent need to protect the innocent young people and others. So many commissions set up for police reforms have given the suggestions for improving the system of policing. We need to sensitize the police personnel to the issues related to minorities in our country. There are state and national level police academies training the police personnel. The curriculum of these academies needs to be modified to incorporate the reality behind the biases and stereotypes which are prevalent in the society. The police needs to be aligned to Constitution rather than being dictated by their sentiments and emotions; they need to understand the truth behind the prevalent social common sense.

There are many civil society groups who are struggling to campaign on these issues, they do take up the cases of many of these being framed by the authorities or being incarcerated, but their capacity is limited. The network working for innocents needs to be strengthened all over the country. Those falsely implicated need to be compensated and the police officers implicating them need to be punished. Many of the books written by the falsely accused people need to be made a mandatory reading in our administrative staff colleges, and academies training the police and other administrators. The political parties who want to uphold the secular values have to isolate the communal outfits and ensure that communal parties don’t come to power. We need a society with justice and peace. Such gross injustice against the people of particular religion shows that our justice delivery system is weak. The culture of any society should be judged by the index as to how justice is delivered to weaker section of society including the religious minorities. Let’s hope Justice Katju’s letter is taken seriouslr!

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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.

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zahoorahmed
 - 
Saturday, 4 Apr 2020

great article! provides a great perspective on tableeg jamat

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Ram Puniyani
May 2,2020

India has tragically witnessed the phenomenon of lynching becoming dominant during last few years. It was particularly around the issue of Holy Cow-Beef, that lynchings became more prevalent and two communities had to face the brunt of it, Muslims and dalits. The IndiaSpend data showed the rise of the incidents from 2014 and that close to 90% of victims were Muslims or dalits. Some notorious cases of lynchings were the one of Akhlaq, Junaid, Alimuddin Ansari, the beatings of dalits in Una. At another level it is during this period that the noted social worker Swami Agnivesh was also subjected to humiliating beating in the public. The communal color in India by now is so strong that many events, even before the details are known, are looked at from the communal color and false social noises start even before real facts are known.

Nothing can exemplify this more than the tragic lynching of two sadhus and their driver in Gadchinal village, near Palghar, a city nearly 110 Kilomenters from Mumbai. As the news of this tragedy spread the BJP leaders immediately started blaming Muslim minority for the crime. Nalin Kohli in an Interview to a German Channel said so. Not to be left behind Sambit Patra, the BJP spokesperson launched a tirade  against the liberals-seculars for their silence on the issue. As the matter stands the truth comes out that those sadhus were travelling to Surat from Kandivli area of Mumbai. It is a period of lockdown and they did not have the permission so they were avoiding the highway travel and going through interior routes. On this route was a village Gadchinale, an Adivasi dominated village where this tragedy took place.

During the lockdown period due to Corona virus the economic and social deprivation of poor people is extreme. Many rumors are floating there. In this village the rumor doing rounds was that a gang of chid lifters is roaming in different guises. Thats what these Sadhus were taken to be. Since the victims were Hindus and culprits are deliberately presumed to be from the other community. One recalls that to trigger the Mumbai violence in 1992-93 the incidence of murder of two Mathadi workers (HIndus) and burning of Bane family (Hindu) in Jogeshwari area of Mumbai, both these were false, these incidents were used as the pretext for the attack on the minorities.

In this case not only BJP leaders, the RSS itself also  jumped into fray along with Sadhu Samaj. A vicious atmosphere started building up. 

As the incident took place, Palghar case dominated the usual media channels and large sections of social media. The Government of Maharashtra (Shiv Sena+NCP+Congress) stood on the solid ground of truthfulness and arrested nearly 100 culprits, none of them being a Muslim. Interestingly the local body of the village is controlled by BJP and the chief of this body Chitra Chowdhari is a BJP leader. While the Maharashtra Government is standing on the solid ground of the facts of the case, it has also given the warning that those spreading falsehoods will not be spared.

The cruelty of those taking law into their hands is shocking. During the last few years taking law into the hands of the mobs is becoming close to normal. The real reasons are many. One of this being the lack of proper punishment to those who indulge in such dastardly acts. Not only that many of them are in the good books of the ruling establishment and many of them are honored despite their despicable role in such incidents. One recalls that in case of Mohammad Ikhlaq lynching, one of the accused died in the police custoy due to incidentlal disease. Then Union Central Minister Mahesh Sharma landed up to drape his body in tricolor. In another such case of Alimuddin Ansari, when eight of the accused got bail, the Union Minister Jayant Sinha garlanded them. What message it sends down the line?

The other factors contributing to the rise in intensity of violence is the overall social frustration due to life generally becoming more difficult. The rule of BJP has also encouraged intolerance, where people with differing opinions are looked down upon and called anti- Hindu, Anti National etc. Swami Agnivesh who criticised the blind faith, the statements like ‘plastic surgery in ancient India, or divine nature of Barfani Baba in Amarnath was humiliated in public.

The core issue is the dominance of sectarian mindset promoted by the ruling party and its parent organization the RSS. They are waiting to jump at any event which can be given communal color or where the minorities can be demonized. Few news channels, who are playing the role of loud speakers of divisive politics are adding salt to the wounds. The degree of Hate spread in the society has further taken the aid of innumerable social media networks to spread the false hoods down to all the sections of society.

The need for law against lynching needs to be brought in. All those participating in such dastardly violence need to be punished. Before that the whole atmosphere of Hate mongering and feeling that those talking law into their hands can get away with it, needs to be countered strongly. While a prompt police action against such incidents is the need of the hour, those who have made spreading hate as their business need to realize that no country can progress without the feeling of fraternity. Demonizing weaker sections may give them higher TRP, but it is also undermining our path of peace and progress.

Respect for Indian Constitution and rule of law needs to be restored. The fact check mechanisms like AltNews need to be activated much more. And lastly one must applaud the steps taken by the Government of Maharashtra to ensure that justice is done and Hate spreading is  checked right in its tracks.

Comments

Amar Akbar Antony
 - 
Wednesday, 24 Jun 2020

Beautiful article. We need people like you- the need of the hour.

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Ram Puniyani
January 26,2020

During last couple of decades we have been witnessing the coming up of various statues in different parts of the country. There is diverse political logic and different set of political tendencies for erecting these statues. When Mayawati was UP CM, she got multiple of her own statues made, in addition to many statues of major dalit icons, irrespective of the criticism against that act. As per her strategy it was a symbol of identity of dalit assertion. The biggest statue to come up was that of Sardar Vallabh Bhai Patel, a lifelong Congressman, whom RSS combine is trying to appropriate. This statue of Unity was ‘Made in China’. The clever trick was that the same forces were behind this statue, which was banned by Patel in the aftermath of Gandhi murder. Interestingly while currently BJP is blaming Congress for Partition of India, ironically it was Sardar Patel who was in the committee which gave final stamp of approval for the partition of India.

There is also a talk in UP, where the Ram temple campaign yielded rich electoral dividends for BJP, to have tallest statue of Lord Ram in Ayodhya. In a state where children are dying in hospitals due to lack of Oxygen cylinders, a huge budgetary allocation will be required for such project. While on statues one should also remember that in Maharashtra a tall statue of Chatrapati Shivaji Maharaj is underway in Arabian Sea, near Mumbai. Only few voices of protest against it came up, e.g. that of renowned journalist, now, MP, Kumar Ketkar, whose house was vandalised for his opposing the move on the grounds that same massive amount can be utilized for welfare-development activities in the state.

On the back of this comes a comparatively low budget 114 feet tall statue of Jesus Christ in Karnataka, in Kappala hills Harobele village, where Christian pilgrims have been thronging from last several centuries. The land for this has been donated by Congress leader Shivaprasad and his brother, a Congress MP. It is planned to be carved out from a single rock. The plan of this statue is being opposed by those who have been behind most of the statue projects so far. Hindu Jagran Vedike, VHP, RSS are up in arms saying that they will not let this come up. There are various arguments cited for this opposition. It is being said that this was a place of worship of Lord Munnieshwara (a form of Lord Shiva).

More than this it is being argued that Shivakumar is trying to please his Italian boss in the party. Also that this will bring back the period of slavery of foreign rule, the colonial rule of British. As such this opposition is more in tune with the ideology of RSS combine, which has been for a statue here and a statue there. Their politics regards Christianity as a ‘foreign religion’! It is true that in Citizenship Amendment Act, they have not excluded Christianity while other religion, which they regard as ‘Foreign’ i.e. Islam. Here they are using a different logic, that the countries from where persecuted minorities are coming, are Muslim countries, Pakistan, Afghanistan and Bangla Desh.

In India the major targeting by RSS combine has been against Muslims, but Christians are also not spared. Starting in the decade of 1980, an intense propaganda has been going on that Christian Missionaries are converting. As RSS affiliate Vanvasi Kalyan Ashram became active in Adivasi areas, the likes of Swami Aseemanand, Swami Laxmanand and followers of Aasaram bapu spread out in Tribal areas. They started their programs to popularise Shabri and Hanuman, with congregations like Shabri Kumbh being regularly organized in these areas. The aim was to Hinduize the people in those areas.

The first major anti Christian violence came up in the ghastly form of burning alive of Pastor Graham Steward Stains along with his two minor sons Timothy and Philip. RSS affiliate Bajrang Dal's Dara Siingh aka Rajendra Pal was behind this and he is serving the life term for that. At the same time Wadhva Commission was appointed to investigate this crime which shook the country and President K.R. Narayan termed it as the one belonging to the inventory of the black deeds of human history.

The Wadhva commission report pointed out that there was no statistical significant change in the region where the pastor was working. Similarly the national figures tell us that the Christian population, if at all, has marginally declined in last five decades as per the census figures. They stand like this, percentage of Christians in population, 1971-2.60, 1981- 2.44, 1991-2.34, 2001-2.30 and 2011-2.30. There are arguments that some people are converting to Christianity but are not revealing their religion. This may be true in case of miniscule percentage of dalits, who may not reveal there conversion, as they stand to loose reservation provisions if they convert.

The anti Christian violence is scattered and is below the radar most of the places. There was massive valence in Kandhamal, Orissa, when on the pretext that Christians have murdered Swami Laxmananand, a massive violence was unleashed in 2008. On regular basis prayer meetings of Christians are attacked on the pretext that these are attempts at conversion. While there is a huge demand for the schools and colleges run by Christian groups, in Adivasis areas and remote areas the work of Swamis is on.

Now the trend is to dump Christian traditions. Since Ramnath Kovind became President, the usual practice of Carol Singers visiting Rashtrapati Bhavan has been stopped. In the army retreat so far ‘Abide with me’ by Scottish poet, Henri Francis Lyte, a Christian song, a favourite of Gandhi, has been dropped. The Christian minorities have perceived the threat in various forms. Currently they are as much part of the protests against CAA, NPR and NRIC as any other community.

While statues and identity issues cannot have primacy over the social development issues, it cannot be selective. To oppose Jesus Christ statue while spending fortunes for other statues is a part of the agenda of RSS combine, which is unfolding itself in various forms. opposition to Jesus Christ statue being yet another step in the direction.

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