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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Ram Puniyani
January 14,2020

In the beginning of January 2020 two very disturbing events were reported from Pakistan. One was the attack on Nankana Sahib, the holy shrine where Sant Guru Nanak was born. While one report said that the place has been desecrated, the other stated that it was a fight between two Muslim groups. Prime Minister of Pakistan Imran Khan condemned the incident and the main accused Imran Chisti was arrested. The matter related to abduction and conversion of a Sikh girl Jagjit Kaur, daughter of Pathi (One who reads Holy Guru Granth Sahib in Gurudwara) of the Gurudwara. In another incident one Sikh youth Ravinder Singh, who was out on shopping for his marriage, was shot dead in Peshawar.

While these condemnable attacks took place on the Sikh minority in Pakistan, BJP was quick enough to jump to state that it is events like this which justify the Citizenship Amendment Act (CAA). Incidentally CAA is the Act which is discriminatory and relates to citizenship with Religion, which is not as per the norms of Indian constitution. There are constant debates and propaganda that population of Hindus has come down drastically in Pakistan and Bangla Desh. Amit Shah, the Home minister stated that in Pakistan the population of Hindus has come down from 23% at the time of partition to 3.7% at present. And in Bangla Desh it has come down from 22% to present 8%.

While not denying the fact that the religious minorities are getting a rough deal in both these countries, the figures which are presented are totally off the mark. These figures don’t take into consideration the painful migrations, which took place at the time of partition and formation of Bangla Desh later. Pakistan census figures tell a different tale. Their first census was held in 1951. As per this census the overall percentage of Non Muslim in Pakistan (East and West together) was 14.2%, of this in West Pakistan (Now Pakistan) it was 3.44 and in Eat Pakistan it was 23.2. In the census held in Pakistan 1998 it became 3.72%. As far as Bangla Desh is concerned the share of Non Muslims has gone down from 23.2 (1951) to 9.6% in 2011.

The largest minority of Pakistan is Ahmadis, (https://minorityrights.org/country/pakistan/) who are close to 4 Million and are not recognised as Muslims in Pakistan. In Bangla Desh the major migrations of Hindus from Bangla Desh took place in the backdrop of Pakistan army’s atrocities in the then East Pakistan.

As far as UN data on refugees in India it went up by 17% between 2016-2019 and largest numbers were from Tibet and Sri Lanka.  (https://www.un.org/en/development/desa/population/migration/publication…)

The state of minorities is in a way the index of strength of democracy. Most South Asian Countries have not been able to sustain democratic values properly. In Pakistan, the Republic began with Jinnah’s classic speech where secularism was to be central credo of Pakistan. This 11th August speech was in a way what the state policy should be, as per which people of all faiths are free to practice their religion. Soon enough the logic of ‘Two Nation theory” and formation of Pakistan, a separate state for Muslim took over. Army stepped in and dictatorship was to reign there intermittently. Democratic elements were suppressed and the worst came when Zia Ul Haq Islamized the state in collusion with Maulanas. The army was already a strong presence in Pakistan. The popular formulation for Pakistan was that it is ruled by three A’s, Army, America and Allah (Mullah).

Bangla Desh had a different trajectory. Its very formation was a nail in the coffin of ‘two nation theory’; that religion can be the basis of a state. Bangla Desh did begin as a secular republic but communal forces and secular forces kept struggling for their dominance and in 1988 it also became Islamic republic. At another level Myanmar, in the grip of military dictatorship, with democratic elements trying to retain their presence is also seeing a hard battle. Democracy or not, the army and Sanghas (Buddhist Sang has) are strong, in Myanmar as well. The most visible result is persecution of Rohingya Muslims.

Similar phenomenon is dominating in Sri Lanka also where Budhhist Sanghas and army have strong say in the political affairs, irrespective of which Government is ruling. Muslim and Christian minorities are a big victim there, while Tamils (Hindus, Christians etc.) suffered the biggest damage as ethnic and religious minorities. India had the best prospect of democracy, pluralism and secularism flourishing here. The secular constitution, the outcome of India’s freedom struggle, the leadership of Gandhi and Nehru did ensure the rooting of democracy and secularism in a strong way.

India so far had best democratic credentials amongst all the south Asian countries. Despite that though the population of minorities rose mainly due to poverty and illiteracy, their overall marginalisation was order of the day, it went on worsening with the rise of communal forces, with communal forces resorting to identity issues, and indulging in propaganda against minorities.

While other South Asian countries should had followed India to focus more on infrastructure and political culture of liberalism, today India is following the footsteps of Pakistan. The retrograde march of India is most visible in the issues which have dominated the political space during last few years. Issues like Ram Temple, Ghar Wapasi, Love Jihad, Beef-Cow are now finding their peak in CAA.

India’s reversal towards a polity with religion’s identity dominating the political scene was nicely presented by the late Pakistani poetess Fahmida Riaz in her poem, Tum bhi Hum Jaise Nikle (You also turned out to be like us). While trying to resist communal forces has been an arduous task, it is becoming more difficult by the day. This phenomenon has been variously called, Fundamentalism, Communalism or religious nationalism among others. Surely it has nothing to do with the religion as practiced by the great Saint and Sufi traditions of India; it resorts mainly to political mobilization by using religion as a tool.

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Ashi
 - 
Tuesday, 14 Jan 2020

If Malaysia implement similar NRC/CAA, India and China are the loser.

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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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Ram Puniyani
February 29,2020

Like most of the political phenomenon, even the practice of Nationalism is not a static one. It changes with the changing political equations of the political forces and assumes the expressions which are very diverse. As such the phenomenon of Nationalism has a long journey and various state policies in particular have used it for purposes which relate more to the power of the state ‘vis a vis’ its people, power of the state ‘vis a vis’ the neighboring countries among others.

In India there has been a certain change in the practices of the state which have transformed the meaning of Nationalism during last few years. Particularly with BJP, the Hindu Nationalist outfit gaining simple majority, it has unfolded the policies where one can discern the drastic change in the meaning and application of Nationalism in regard to its citizens, particularly those belonging to minority community, with regard to those who are liberal, and with those who stand with the concept of Human rights.

Our former Prime Minister of Dr. Manmohan Singh hit the nail on the head when he said that “Nationalism and the "Bharat Mata Ki Jai" slogan are being misused to construct a "militant and purely emotional" idea of India that excludes millions of residents and citizens. Former Prime Minister recently stated this in an apparent attack on the BJP.” The occasion was the release of a book, ‘Who is Bharat Mata’, edited by Purushottam Agarwal and Radhakrishna. This is a compilation of significant extracts from writings of Nehru, and important assessments of and contributions of Nehru by prominent personalities.

Dr. Singh went on to add "With an inimitable style…Nehru laid the foundation of the universities, academies and cultural institutions of Modern India. But for Nehru's leadership, independent India would not have become what it is today," This statement of Dr. Singh has great importance in contemporary times, as Nehru is being denigrated by Hindu nationalists for all the problems which India is facing today and attempts are on to undermine his role and glorifying Sardar Vallabh Bhai Patel. This is also significant as it gives us the glimpses of what Nationalism meant for Nehru.

As Singh’s statement captures the present nationalism being practiced by BJP and company, the Hindu nationalists, immediately shot back saying that Dr. Singh is supporting the anti India activities at JNU and Jamia and his party is supporting the anti India nationalists. They asked whether Singh likes the nationalism of the likes of Shashi Tharoor or Manishankar Ayer who are provoking the Shaheen Bagh protest rather than making the protestors quiet. Whether he likes the anti national protests which go on at JNU or Jamia? As per them there is no Nationalism in Congress. One more example being cited is the private visit of Shatrughan Sinha who talked to Pakistani President during his visit there recently!

Most of the arguments being used to oppose Dr. Singh are very superficial. What is being referred to; is not opposition to Indian nationalism and its central values which were the core of anti colonial struggles. While ‘Bharat Mata Ki Jai’ may not be acceptable to a section of population, even the book he was releasing has the title ‘Who is Bharat Mata’. What is being stated by Singh is the twist which slogan ‘Bharat Mata ki Jai’ has been used by Hindu nationalists to frighten the religious minorities.

Indian nation came into being on the values, which later were the foundation of Indian Constitution. Indian Constitution carefully picked up the terminology which was away from the concepts of Hindu or Muslim nationalism. That’s how the country came to be called as ‘India that is Bharat’. The freedom of expression which was the hallmark of freedom movement and it was given a pride of place in our Constitution. It respected the diversity and formulated rules where the nation was not based on particular culture, as Hindu nationalists will like us to believe, but cultural diversity was centrally recognized in the Constitution. In addition promoting good relations with neighbors and other countries of the World was also part of our principles.

JNU, Jamia and AMU are being demonized as most institutions so far regard the freedom of expression as a core part of Indian democracy. These institutions have been thriving on discussions and debates which have base in liberalism. Deliberately some slogans have been constructed to defame these institutions. While Constitution mandates good relations with neighbors, creation of ‘Anti Pakistan hysteria’ is the prime motive of many a channels and sections of other media, which are servile to the ideology of ruling Government. They also violate most of the norms of ethical journalism, where the criticism of the ruling party is an important factor to keep the ruling dispensation in toes.

A stifling atmosphere has been created during last six years. In this the Prime Minster can take a detour, land in Pakistan to have a cup of tea with Pakistan PM, but a Congress leader talking to Pakistani President is a sign of being anti National. Students taking out a march while reading the preamble of Indian Constitution are labeled as anti-national; and are stopped while those openly wielding guns near Jamia or Shaheen Bagh roam freely.

Nationalism should promote amity and love of the people; it should pave the way for growth and development. Currently the nationalism which is dominant and stalking the streets has weakened the very fraternity, which is one of the pillars of our democracy. Nehru did explain that Bharat Mata is not just our mountains, rivers and land but primarily the people who inhabit the land. Which nationalism to follow was settled during the freedom movement when Muslim nationalism and Hindu nationalism were rejected by the majority of people of India in favor of the Nationalism of Gandhi, Nehru, Patel and Maulana Azad, where minorities are equal citizens, deserving affirmative action. In today’s scenario the Hindu nationalists cannot accept any criticism of their policies.

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