Before The Times of India (TOI) broke the story, a series of crucial developments had already unfolded. By March 15, Chief Justice of Delhi High Court (CJ, Delhi HC) Justice D.K. Upadhyaya already had instructions from (CJI) Justice Sanjiv Khanna on what other details they needed. The following is established on the basis of Justice Upadhyaya’s report:

On March 16, Justice Upadhyaya met the CJI and reported the happenings reported to him. On March 17, Justice Upadhyaya met Justice Yashwant Varma and showed him the photos and videos of the purported cash, at which point Justice Varma expressed concerns that he was being targeted in a conspiracy.

On the morning of March 20, Justice Upadhyaya sent the images and videos to Justice Khanna. That same evening, Justice Upadhyaya was notified about the proposal to repatriate Justice Varma back to the Allahabad High Court, his parent High Court. Justice Upadhyaya endorsed the proposal, stating that it was in the interests of justice. It was only after these internal developments that the TOI publicly reported the story.

The Supreme Court on March 22 announced a three-member Committee comprising of judges from various High Courts that would conduct an inquiry into this incident. On March 24, the Collegium’s resolution to repatriate Justice Varma to Allahabad High Court was published.

This article is not to address judicial corruption, a well-documented issue with established theories on solutions(see here, here and here)—awaiting only implementation. Instead, it highlights how the outrage over the Justice Yashwant Varma fiasco is part of an ongoing erosion of judicial credibility, a concern rooted in legitimate issues. From appointing openly communal individuals as judges to failing to act against sitting judges who make communal remarks, the judiciary’s credibility and public trust have been in steady decline. Yet, the higher judiciary appears to be missing opportunities to restore it.

This article argues that the collegium’s resolutions must be more transparent and informative and striving for this transparency would be a crucial first step in rebuilding trust in the higher judiciary.

The issue: Context

The Collegium is one of the most powerful bodies in India today. Despite having no constitutional mention or statutory status, its power is such that it decides who gets to be a judge in India’s High Courts and the Supreme Court. The Collegium is not answerable to the executive or the legislature— a feature that it draws from one of the core principles of the Indian Constitution—independence of the judiciary. It consists of the Chief Justice of the country and four of the senior-most judges of the Supreme Court—a system in place since 1998.

The NJAC challenge and calls for transparency

In 2014, the NDA government enacted the National Judicial Appointments Commission Act, 2014 to replace the collegium system. A 5-judge bench of the Supreme Court in Supreme Court Advocates-On-Record Association & Anr. vs. Union of India ([2015] 13 SCR 1) declared the NJAC as unconstitutional with one judge—Justice Chelameswar dissenting.  Both the majority and dissenting opinions expressed the need for greater transparency in the process of judicial appointments.

After the judgement, and once he became a senior judge qualified to be in the collegium, it was reported that Justice Chelameswar refused to attend the collegium meetings since it was an opaque process. In 2017, to resolve the deadlock, the Collegium started to make public its resolutions during the tenure of CJI (as he was then) Dipak Misra.

While that process enabled the resolutions to be published, in December 2022, in the case of Anjali Bhardwaj v. CPIO, Supreme Court of India, (RTI Cell), (2022 SCC OnLine SC 1698), the Supreme Court held that held that unless any Collegium discussion culminates into a final decision, the discussion shall not be disclosed to public.

A study in 2022 stated that the collegium systematically failed to disclose critical information essential to an enhanced understanding of its functioning. The study stated that an overwhelming majority of its decisions are not reasoned and that the resolutions fail to provide a meaningful understanding of the considerations, based on which candidates are selected or rejected.

Except for a brief, considerable change during CJI (as he was then) DY Chandrachud’s tenure, the study’s findings hold true.

Collegium communications: A formality within a formality

Currently, the Supreme Court of India publishes Collegium resolutions on its website, offering a glimpse into its decision-making process, including, transfers and appointments of judges to higher judiciary. However, these resolutions often feel like a mere formality—followed more out of precedent than a genuine commitment to transparency. Why?

On March 24, the Supreme Court collegium’s statement was released on the repatriation of Justice Yashwant Varma to Allahabad High Court. It reads as follows:

“The Supreme Court Collegium in its meetings held on March 20 and 24, 2025 has recommended repatriation of Mr. Justice Yashwant Varma, Judge, High Court of Delhi, to the High Court of Judicature at Allahabad.”

If we did not have the Times of India story and had this resolution come out without the nation ever having the knowledge of the alleged cash, the public would have not known what had happened.

More broadly, when judges are transferred, the reasons are often unclear. Whether it is due to seniority, the interests of justice, or a particular skill being required elsewhere, there is little transparency in the decision-making process.

For instance, let us take the example of Justice Arindam Sinha on whose transfer the resolution was notified on the same day Justice Yashwant Varma’s transfer was notified, with similar resolution.

In May 2021, while serving as a judge at the Calcutta High Court, Justice Arindam Sinha strongly objected to the division bench led by Acting Chief Justice Rajesh Bindal treating a transfer petition filed by the Central Bureau of Investigation in the Narada scam case as a writ petition. He had also opposed the bench’s decision to stay the bail granted to four Trinamool Congress (TMC) leaders and its move to constitute a larger bench due to divergent opinions between the two judges. Later in September 2021 he was transferred to the Orissa High Court, and now he has been transferred again. We do not know why, in both cases.

Judicial transfers are a natural process, but what prompted this judge’s transfer to that particular court remains unknown. Justice Arindam Sinha’s transfers could well be routine, day-to-day adjustments, but the point to note here is that in the absence of official reasoning, the public is left to speculate.

If someone wants to rule out a few possibilities, they will likely have to track Justice Sinha’s seniority and see whether his transfer aligns with the seniority list. However, the Supreme Court is not bound to follow strict seniority in judicial transfers, and decisions can be made based on other considerations such as administrative requirements, institutional interests, or other factors.

A choice exercised at will

This nonchalant formality is not the case with all collegium resolutions. Some are more detailed; some are just a press note.

For example, in the resolution dated March 6, 2025 to appoint Justice Joymalya Bagchi as the judge of the Supreme Court, the SC has put out a two-page resolution. The resolution talks about the factors that have been taken into consideration, while appointing Justice Bagchi who stands at No.11 in the All-India Seniority list of judges, like the fact that Calcutta is represented by only one judge in the SC.

Has it always been like this?

Yes, but also no. During Chief Justice of India (as he was then) Justice DY Chandrachud’s tenure as CJI [9 November 2022 to 10 November 2024], the collegium resolutions were way more detailed.

For example, take the last collegium resolution during the tenure of Justice Chandrachud as CJI—a resolution regarding appointment of advocates as judges of the Bombay High Court. The resolution had details on consultation with judges over the candidacy, government inputs, professional experience and credentials, experience of those who were appointed. This was not some ideal-comprehensive format but was surely a different way than it had been done before.

However, as soon as Justice Chandrachud retired, the collegium resolutions more or less went back to being as they were, simple communiques of a very powerful body that, to this day answers effectively to no one. We do not know why. No one asked and no one cared to clarify.

Why is it necessary that collegium process is more transparently communicated?

Judicial independence stands as a fundamental pillar of any robust democracy, safeguarding the rule of law and ensuring that justice is administered impartially. Given the collegium system’s origin, the procedures and accountability mechanisms of the Collegium are not as firmly established as those of bodies with a clear constitutional or legislative basis, making it inherently susceptible to questions regarding legitimacy and openness.

The lack of transparency was one of the primary reasons for which Justice Chelameswar authored his powerful dissent in the NJAC case. Due to the Justice Varma incident, there is a renewed push by the ruling establishment for judicial reforms and a relook at the NJAC (See here and here).

The release of more detailed Collegium resolutions holds significant potential to address the criticisms levelled against the system’s opacity. Including the specific reasons for recommending a particular candidate, such as their demonstrated expertise in a specific area of law, notable judgments they have delivered, or their contributions to legal scholarship, would provide a much clearer understanding of the basis upon which the Collegium makes its selections. Explicitly stating the criteria that the Collegium considered for each appointment, going beyond generic terms like “merit and integrity,” would also enhance transparency and allow for public evaluation of whether these criteria are applied consistently across different appointments. While a verbatim transcript of the Collegium’s deliberations might indeed compromise the confidentiality necessary for frank discussions, providing a summary of the key perspectives considered and the rationale behind the final decision could offer valuable insights into the decision-making process. Furthermore, explaining the reasons for not recommending certain candidates (without necessarily disclosing their names if privacy is a concern) could help address concerns about fairness and potential biases within the selection process. In the context of judicial transfers, providing specific reasons beyond the vague “better administration of justice” would help dispel speculation and potential accusations of transfers being punitive in nature.

By moving beyond simply announcing decisions to providing clear explanations for the rationale behind them, more detailed resolutions would foster greater public understanding and potentially increase trust in the judicial appointment process. The fact that collegium resolutions were often detailed during Justice Chandrachud’s tenure suggests that the Collegium possesses the capacity to provide more comprehensive information and might be amenable to revisiting this approach. However, it should not come from a CJI’s prerogative since it can be discontinued by the next one. It must come from a set of rules which the Court as a whole writes for itself and follows.

For example, some have commended the CJI’s decision to put in public some material (albeit redacted to an extent) related to Justice Yashwant Varma’s case. However, the important point here would be to remember that instances of corruption have continued to persist and will do so, in the future. In that case, while commending the act of being transparent, the Supreme Court should also be called upon to arrive at a set procedure in these kinds of cases and make it transparent, if and when they arise in future.

Transparency inherently acts as a form of accountability, incentivising the Collegium to be more meticulous and reasoned in its decision-making process, knowing that their rationale will be made public and subject to scrutiny. Given that the judiciary often emphasises the importance of transparency for other institutions, a perceived lack of it within their own appointment process can be viewed as inconsistent, potentially undermining their moral authority in advocating for openness elsewhere. Public perception of fairness and integrity is paramount for the judiciary’s effectiveness.

Writing better collegium resolutions will not solve the issues with Collegium. They can only be solved by establishing an independent and transparent appointing body which is answerable to the people. While that might take time, this is within the powers of the Collegium and it should not let go off an opportunity to show that it too, can reform itself.

Why should they change now?

Simply put, the changes have to be made to make an effort at rebuilding the eroding public trust in the judiciary. Yes, people are scared of courts. No one wants a contempt order targeting them. However, is fear the tool with which the higher judiciary can sustain its stature in the Indian political scheme? Is it sustainable? It is not.

Sooner or later (now that it is already too late, therefore soon), someone—like George Carlin once did—will stand up and say, “They’ve got the judges in their back pockets,” referring to how the closed door appointment systems and judicial corruption serve the rich and powerful. And when that happens, it would be too late to initiate a contempt proceeding against whoever says it.

Conclusion

While more detailed Collegium resolutions represent a significant step forward, relying solely on them might not be sufficient to achieve full transparency within the system. Even with increased detail, resolutions may not fully capture the nuances of the discussions and considerations within the Collegium or any informal consultations that might occur. The interpretation of broad criteria such as “merit” and “integrity” can still remain somewhat subjective, even if elaborated upon in the resolutions. The possibility of the Collegium tailoring the reasons provided in the resolutions to rationalize decisions already made cannot be entirely discounted. Furthermore, resolutions primarily focus on the final recommendations and might not provide insights into the initial stages of identifying potential candidates or the role played by High Court Collegiums in the overall process.

To further enhance accountability and openness, several other measures could be considered. Establishing clearer and more objective criteria for evaluating candidates, and making these criteria publicly available, would be a crucial step.

The judiciary has long defended itself from the executive wanting to control it. People of India supported the judiciary after they saw how it supported them from its decisions on Right to Education to its exceptional integrity in handling high profile matters involving influential politicians. It is this support that has given the higher judiciary its glorious decades. If the institution ignores the clear warning signs and resists reform, it risks losing its independence to an encroaching executive.

(The author is part of the legal research team of the organisation)

Related:

A Judiciary Made to Measure

Move towards Judicial transparency, Orissa HC evaluates own performance, lists challenges

The post Potential of reasoned Collegium resolutions as a starting point for transparency in the Indian higher judiciary appeared first on SabrangIndia.

1. The Constitution of Pakistan forbids its citizens from taking part in the religious occasions of others.

2.19 per cent of children, mainly girls, remain out of schools.

3. Single National Curriculum promotes intolerance and religious extremism.

4. Clerics are authorised to censor educational content.

5. Recitation of the Quran was mandated during school assembly.

Dr. Willy Fautré, Director of Human Rights Without Frontiers (HRWF), a non-governmental organisation in special status with ECOSOC, criticised the national education policy of Pakistan and pointed out its flaws, which resulted in intolerance, religious extremism and creating an atmosphere of hatred against other religions.

In a written statement submitted to the Human Rights Council of the United Nations, and read out at a side event, the organisation also pointed out the provisions of the Pakistan’s Constitution and its much-disputed Single National Curriculum launched in 2021 responsible for religious intolerance and religious extremism as government schools are not secular and inclusive. The side event was held on 26 March, room 25 Palaise the Nations. Titled Human Rights in Pakistan:  Education under siege, ideology, intolerance, and the erosion of Human Rights in Pakistan, its organisers were major NGOs like CAP and HRWF.

The statement by The Coordination des Association et des Particuliers pour la Liberte de Conscience, says:

“Constitution of Pakistan states in Article 22 that ‘No person attending any educational institution shall be required to receive instruction, or take part in any religious ceremony, or attend religious worship, if such instruction, ceremony, or worship relates to a religion other than its own.’

Therefore, Article 22 of the Constitution of Pakistan promotes non-respect of religions among the students. Human rights organisations have criticised this policy.

Citing the statistics of the Pakistan Institution of Education, the organisation said that 73 per cent of educational institutions in Pakistan are government schools, while 14 per cent are religious schools or madrasas. Such a large number of madrasas presenting an exclusivist interpretation of Islam and non-respect for other religions have contributed to an atmosphere of religious extremism and intolerance in the country.

The organisation also points out the flaws in the SNC launched by the Pakistan government. It says:

“In August 2021, the Pakistan government launched the much-disputed Single National Curriculum (SNC) for government schools, claiming that this initiative would reduce educational disparities. However, the human rights defenders criticised the SNC for its lack of inclusivity and its over-emphasis on Islamic religious content at the expense of religious minorities. In fact, school curricula and textbooks promote intolerance towards minorities and depict women in a way that is non-inclusive and is not compatible with international human rights standards.

The Human Rights Commission of Pakistan expressed deep concerns about the government perpetuating a singular view of religion in educational institutions through SN, depriving young students of the right to a secular education.”

The Coordination des Association et des Particuliers pour la Liberte se Conscience feels that the SNC is an attempt to Islamise the entire Pakistani society, putting the religious minorities in jeopardy. It says:

“The SNC has also been criticised as an Islamisation program under which all facets of Pakistan’s core educational curriculum were infused with religious content, aligning with the ideological bent of the existing Sunni Muslim orthodoxy. (Source: Wasim Hameed, “Minorities in Single National Curriculum”. 4, The Nation, 9 July 2021.)

According to a 73-page Report of the Salluv ECPM Foundation 5, “Pakistan, Education System, Curriculum and EU Funding” financed by the European Parliament and published in 2024, “a study by The Current revealed that Muslim religious ideas or texts were present in 7.7 per cent of the SNC’s mathematics, social studies, science, general knowledge, English, and Urdu books. Additionally, 7.47 per cent of books have references to Islam, while 0.27 per cent mention other religions in all non-religious books.”

The organisation also pointed out an act of the Punjab Assembly passed in 2022, which authorised the clerics to censor educational content and its resolution mandating the recitation of the Quran during the school assembly. Such acts and resolutions were not compatible with international human rights standards.

Darwin’s Theory of Evolution VS Creationism

One major drawback of Pakistan’s education system is that it is influenced by conservative clerics who lack a scientific spirit and therefore oppose scientific theories and ideas. For example, clerics have opposed the teaching of Darwin’s Theory of Evolution in Pakistan because they think that the theory is against Islamic law. In October 2023, clerics of Khyber Pakhtunkhwa forced a college professor named Sher Ali to publicly renounce teaching Darwin’s Theory of Evolution.

Earlier in May 2022, his car was attacked with a magnetic bomb, leaving him in his wheelchair for months. The professor was also made to make the statement that “According to Shariah, the woman’s intelligence is inferior to that of a man. I consider this the final word on this issue and believe that women should be covered from head to toe while venturing out. Women can only go out if it is needed or necessary”.

The organisation, therefore, feels that the education system of Pakistan not only promotes hatred against minorities but also is a hindrance in the development of scientific temperament among the students.

Controversial and Inequitable Image and Girls in the Curriculum of Public Schools

The organisation also found that the SNC textbooks are full of content that presents women as inferior to men as approximately 60 per cent of SNC books included images of males, whereas females accounted for only 39 per cent.

Moreover, portrayal of female characters is one-dimensional in terms of their appearances, character traits and hobbies. They are mostly portrayed as wearing hijab or headscarf, while most men are depicted wearing western attire, with only 20 percent wearing traditional Islamic clothing. With regard to occupations, male textbook characters are often portrayed as doctors, lawyers and soldiers, while female textbook characters are mostly portrayed as domestic help, housewives or caregivers.

The European Union Funding in the Dock: Misuse of Taxpayers ‘ money of the 27 EU member states

The NGO further says that the EU funds for Pakistan’s education projects have been misused. According to the 2024 Report of Sallux/ ECPM “Pakistan, Education System, Curriculum and EU Funding”, the EU directly invested 94 million euros in education projects in Pakistan between 2016-2024.

The report contains over 40 pages of excerpts and pictures from textbooks showing that the views expressed in the official curriculum in Pakistan are not compatible with EU values as expressed in the Charter of Fundamental Rights of the European Union. Such an amount of concrete evidence cannot be ignored.

The NGO, therefore, draws the conclusion that beyond the incompatibility of the SNC and the UN standards, the pressure of many extremist clerics and fanaticized crowds can easily kill any reform attempt as long as perpetrators of intellectual terrorism, violence and hate crimes remain unpunished and can continue terrorising 2.1 million teachers in Pakistan.

In view of the present scenario of education and its consequent fallout on the human rights situation in the country, the Co-ordination des Associations et des Particuliers pour le Liberte de Conscience has made the following recommendations to the United Nations:

1. The United Nations should urge the authorities of Pakistan to make the SNC compatible with the UN international human rights standards.

2. The UN should effectively protect its 2.1 million teachers against threats and aggression perpetrated by Islamic extremists and prosecute the latter ones.

Article was first published on newageislam.com

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The Supreme Court was hearing Prataphgarhi’s petition challenging an FIR filed by the Gujarat police over his Instagram post featuring a video clip with the poem “Ae khoon ke pyase baat suno”. The poem in question, titled “Ae khoon ke pyase baat suno” (Listen, oh bloodthirsty ones), was featured in the background of a mass marriage video and was posted by Pratapgarhi on the social media platform X. Pratapgarhi created the post after attending the mass marriage in Jamnagar. Allowing Pratapgarhi’s appeal against the high court order, the Supreme Court, however, took a firm stance against the high court’s reasoning.

“Literate and arts make life more meaningful; freedom of expression is necessary for a dignified life. Free expression of thoughts and views by individuals or groups of individuals is an integral part of a healthy civilized society. Without freedom of expression of thoughts and views, it is impossible to lead a dignified life guaranteed under Article 21 of the Constitution. In a healthy democracy, the views of thoughts expressed by an individual or group of individuals must be countered by expressing another point of view.

“Even if a large number of persons dislike the views expressed by another, the right of person to express the views must be respected and protected. Literature including poetry, dramas, films, satire, and art make the life of human beings more meaningful.”

The court also reportedly criticised the Gujarat high court for not quashing the FIR against Pratapgarhi. On January 17, 2025, the Gujarat high court had refused to quash the FIR saying that the poem had references to “the throne” and that responses to the post suggested a potential disturbance in social harmony, the report said.

The court said, that the MP should have known the repercussions of such a post and should have refrained from promoting public disharmony. It observed that further investigation was necessary Pratapgarhi then challenged the high court’s decision before the Supreme Court, which provided interim relief to him on January 25.

“The Courts are duty bound to uphold and enforce the fundamental rights guaranteed under the Constitution of India. Sometimes we the judges may not like the spoken or written words, but still, it is our duty to uphold the fundamental rights under Article 19(1). We judges are also under an obligation to uphold the Constitution and the respective ideals. It is the duty of the court to step in and to protect the fundamental rights. Particularly, the Constitutional courts must be at the forefront to zealously protect the fundamental rights of the citizens. It is the bounden duty of the court to ensure that the Constitution and ideals of the Constitution are not trampled upon.

The endeavour of the Court should be to always protect and promote the fundamental rights including the freedom of speech and expression which is the most important right citizens can have in all liberal constitutional democracy,” the court said.

About the police officers’ haste in filing an FIR, the court said, “The police officer must abide by the Constitution and respect the ideals. The philosophy of the constitutional ideals can be found in the Constitution itself. In the preamble, it is laid down that the people of India solemnly decided to constitute India into a sovereign, socialist, secular, democratic republic and to secure for all its citizens liberty of thought and expression. Therefore, liberty of thought and expression is one of the ideals of our constitution. The police officers being citizens are bound to abide by the constitution and they are bound to uphold the right.”

The FIR against the Congress MP was filed under Sections 196, 197, 299, 302, and 57 of the Bharatiya Nyaya Sanhita, 2023. Section 196 pertains to promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to the maintenance of harmony.

For the offence under Section 196 of the BNS, the court said, “The effect of spoken or written words cannot be judged on the basis of standards of the people who always have the sense of insecurity or those who always perceive criticism as a threat to their power or position.

Gujarat high court had refused to quash FIR

Justice Sandeep Mehta of the Gujarat HC had refused to quash the FIR. The Supreme Court on Friday quashed the first information report (FIR) against Congress Rajya Sabha parliamentarian Imran Pratapgarhi, underlining the significance of free speech and reproaching the Gujarat police authorities for seeking to criminally prosecute a person for ostensibly delivering a message of peace through a poem that Pratapgarhi posted on social media. “No offence was attracted at all,” held a bench of justices Abhay S Oka and Ujjal Bhuyan, while reading out the operative part of the judgment.

The bench emphasised that the free expression of thoughts and views by individuals or groups is an integral part of a healthy, civilized society.

“Without freedom of expression of thoughts and views, it is impossible to lead a dignified life guaranteed under Article 21 of the Constitution. In a healthy democracy, the views of thoughts expressed by an individual or group must be countered by expressing another point of view,” the court observed.

This case against Pratapgarhi stems from the FIR filed in a Jamnagar police station on January 3, invoking various provisions under the Bharatiya Nyay Sanhita (BNS) relating to promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, and doing acts prejudicial to harmony.

In its judgment, the Supreme Court reinforced that “even if a large number of persons dislike the views expressed by another, the right of the person to express the views must be respected and protected. Literature, including poetry, dramas, films, satire, and art, makes human life more meaningful.”

“The courts are duty-bound to uphold and enforce the fundamental rights guaranteed under the Constitution of India. Sometimes we, the judges, may not like spoken or written words, but still, it is our duty to uphold the fundamental rights under Article 19(1). We judges are also under an obligation to uphold the Constitution and its respective ideals,” the bench noted.

The judgment further stressed that it is the duty of the courts, particularly constitutional courts, to zealously protect fundamental rights.

“It is the bounden duty of the court to ensure that the Constitution and ideals of the Constitution are not trampled upon. Constitutional courts must be at the forefront to protect the fundamental rights of individuals, including free speech, which is one of the most cherished fundamental rights for a healthy and vibrant democracy”, it read.

The court observed that the “endeavour of the judiciary should always be to protect and promote fundamental rights, including the freedom of speech and expression, which is the most important right citizens can have in any liberal constitutional democracy.”

The ruling also delivered a stern message to law enforcement, asserting that “police officers must abide by the Constitution and respect its ideals. The philosophy of constitutional ideals can be found in the Constitution itself.”

The entire judgement may be read here:

Related:

Censorship vs. free speech: The Allahbadia controversy

Targeting Press Freedom: The unexplained censorship of Vikatan and the erosion of free speech

‘Free speech under threat’: again, Jamia student moves court against ‘highhanded’ suspension

The post ‘Courts, Police Have Duty to Protect Freedom of Speech’: SC on FIR against Congress MP Over Poem appeared first on SabrangIndia.

The common tone suggested that there is a desperate need to restore, improve, and expand the BEST bus service now seriously threatened by government neglect. The BEST bus service is a low hanging fruit, it requires little investment, it should be supported, it carries millions of people said Rahul Kadri.

The topic was Who is the City for. Very relevant and seldom is this crucial question raised, addressed. The obvious answer is the government needs to give top priority to common people but that is exactly what the authorities are not doing.

The very first question raised by a student after the panel discussion, was from Nikhil Padhan, a fourth year student, pointed to the car centric urban planning which needs to change the general tone I have been hearing at several such meetings is that people are really frustrated by the authorities’ pro-builder, anti-people policies.

All these voices yesterday were independent, genuine. A general complaint I heard was ‘we do not even have proper space to walk’ and cross the road and here we are bombarded by talk of fancy projects which have at best limited use for the common man.

The coastal road, as Rahul Kadri pointed out, serves only a few thousand motorists even as basic problems of millions remain ‘unattended.’ And the programme ended with a vigorous rendering of Maharashtra Geet in Marathi Garja Maharashtra Majha.

The gathering was not politically motivated at all. It began on a very traditional note with Saraswati Wandan. The invocation to the goddess of learning, Ya Kundendu Tushaar, stressing the importance of knowledge and the need to remove ignorance.

Since the programme was organised by the Constitutional Law Society of the college and public transport figured prominently in the discussion, I must mention that justice Hemant Gokhale, travelled by a local train to Vasai recently to felicitate social worker Manvel Tascano on his completing 75 years. Mr Gokhale had appeared as a lawyer years earlier for Tascano in cases pertaining to the green Vasai campaign and other issues.

It is best to make optimum use of public transport if we take it at least during off peak hours, when there is little rush.

(The author is a Mumbaikar and formerly senior journalist in The Times of India; this piece of writing is from the author’s Meta FB post)

The post Who is Mumbai for? Students and Mumbaikars ponder the question appeared first on SabrangIndia.

• At the age of 26 a youth from the poorest landless community took it upon himself to do the impossible task of breaking a huge mountain to the extent of carving out a life-saving path that thousands of villagers needed urgently.
• He toiled tirelessly for 22 years, yes 22 (1960-82), no less, and finally succeeded in his objective.
• Acclaim followed, but instead of just basking in glory he undertook an 800 km journey on foot to Delhi to mobilise efforts for resolving various problems of his village ad nearby areas.

This brief summary of the work of Dashrath Manjhi, also called the Mountain Man, may give an indication of his deep determination and social commitment which won admiration at the highest levels in India, but by itself this does not do full justice to the nobility of his ideas and life, as this writer discovered during a recent visit to his village and work-area in Gaya district of Bihar.

I located elderly persons who had known him and seen him at work, and the picture that emerged from these discussions is that he was a follower of Sant Kabir, the bhakti movement’s famous poet-saint of medieval times, who has remained one of the strongest and most revered voices since then of spirituality based on justice, truth, non-violence, being helpful to others and leading a simple and pious life free from all hypocrisy and falsehoods. Sant Kabir remained true to his principles, convictions and truth in the middle of many difficulties, attacks and threats. His poetry and teachings inspire his followers to continue their noble work even in the middle of other people discouraging or even ridiculing them, and to maintain the steadfastness and continuity of their work and mission in the middle of all the ups and downs.

All this this can be seen in the life and work of Dashrath Manjhi. Born in 1934, he lived in Gehlaur village of Mohra block. As Satyanarain, who had known Dashrath well, told me–Dashrath was very polite to others but at times when needed he could tell some bitter truths of life without being rude. People from the manjhi community to when I spoke, said that whenever they went to mountains they found him at work just carrying some sattu in his jhola (bag), a legume based powder which could give some energy and coolness when taken mixed with water, something he would have really needed while working in the mountains here which can become very hot in the summer.

In 1960 Dashrath had gone to work on the mountain and his wife Phalguni Devi injured herself badly while carrying food and water for him. Looking at her injuries, he took a pledge to create a path in the mountain that may become a life-saver for many people. This would give a safe path to everyone going to the other side, and in addition would bring much closer the health, educational and other facilities of the nearest town to the people on this side of the mountain (the distance could come down from about 55 km to just about 15 km or so).

Contrary to some publicised accounts, several villagers told me that Phalguni Devi did not die from these injuries but instead continued to be very helpful to her husband and the pledge he had taken. She died some years later.

Using the simplest tools like hammer and chisel, Dashrath embarked on his great journey that was to be completed in 22 years. Initially people ridiculed him and some even called him ‘mad’ to take up such a huge task and to work so devotedly for this. Undaunted, Dashrath continued this work on regular, daily basis.

Here we must not forget that he came from the poorest community, called mahadalit in Bihar, and had to also earn his livelihood to support his four member family (which included a son and a daughter).

Initially most villagers had ridiculed or neglected Dashrath, but once his work of a few years started showing some signs of leading to success, some villagers also started lending a helping hand now and then.

Finally in 1982 Dashrath succeeded in creating a path which was wide enough for a bullock-cart to pass. Later the government helped to widen this and build a proper road.

Dashrath now decided to go and meet big government officials in Delhi to take up several development works much needed by his village and neighbouring communities. Education and health were emphasized by him.

However as he could not buy a rail ticket he was asked to get down from the train after covering a short distance. He now decided to walk to Delhi along the railway track, hoping that this would perhaps draw even more attention to his objectives of promoting development work in his village and neighbouring villages.

An elderly farmer of a neighbouring village told me that Dashrath had managed to meet the then Prime Minister Mrs. Indira Gandhi and had shared with him a press clipping of this.

Later Dashrath also went to meet the Chief Minister of Bihar Mr. Nitish Kumar who gave him a lot of respect.

However at the time of his increasing fame, Dashrath retained his simplicity. A local teacher Virendra Paswan told me that when he was in a train word spread that Dashrath Manjhi is in the same coach and there was a rush of people just to catch a glimpse of Dashrath. However, Paswan said, even at that time Dashrath was wearing dress made from a jute sack, as he often did earlier too.

In 2007 Dashrath was admitted to AIIMS hospital in Delhi where he breathed his last on August 17. A memorial as well as gates were constructed in his village in his honour.

At the same time, however, the people of the Manjhi community and other landless and poorest Dalit community members continue to live in this village in great poverty and several of them told me that even their housing situation is precarious. The government   needs to do much more to help them with a sense of urgency.

Meanwhile the SBI Foundation has taken up an admirable initiative called SAMMAAN with implementation assistance of Sahbhagi Shikshan Kendra to honour the memory of Dashrath Manjhi in the form of many-sided efforts in his village to improve education, health, infrastructure and livelihoods that have been widely appreciated here.

The writer is Honorary Convener, Campaign to Save Earth Now. His recent books include Protecting Earth for Children, Planet in Peril, Man over Machine and A Day in 2071.       

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The UGC submitted the new draft to the Supreme Court last month in a six-year-old petition filed by Radhika Vemula and Abeda Tadvi. In the petition, the two mothers, after losing their children, sought accountability and the establishment of adequate mechanisms by the UGC to address caste-based discrimination in university spaces.

The UGC, unprompted by the court or the petitioners, has submitted the Equity Regulations Draft, which undoes some of the crucial clauses from the 2012 regulations. The petitioners had moved the court to highlight the ineffectiveness and lack of government will to put its act together. Instead of addressing these issues, the UGC has further diluted the existing regulations.

‘New regulations will make redressal more difficult’

Vemula and Tadvi argue that the newly submitted draft regulations will make redressal more difficult, as the UGC has decided to group all forms of discrimination – including those based on gender, disabilities, religion and caste – under a single umbrella. In contrast, the 2012 Equity Regulations primarily focused on caste-based discrimination. Existing mechanisms already address other forms of discrimination, and expanding the scope of the Equity Regulations will only lead to more chaos in the dispensation of justice, the petitioners assert.

The petitioners, represented by lawyers Indira Jaisingh and Disha Wadekar, have pointed out the lack of adequate mechanisms to address the growing number of discrimination cases and suicides on campuses. They argue that the UGC’s proposal to dilute the existing regulations on caste discrimination and introduce other forms of discrimination will not only hamper the redressal of caste-based discrimination but also “risk undermining the effectiveness of current regulations related to gender and persons with disabilities (PwDs).”

In addition to filing an affidavit in the Supreme Court in response to the UGC’s draft regulations, the petitioners have submitted detailed suggestions to the UGC, comparing the 2012 regulations with the proposed ones. They have identified gaps and provided effective suggestions to the higher education governing statutory body.

One crucial suggestion is the need for a clear definition of what constitutes caste-based discrimination in higher education. Wadekar notes that the draft regulation fails to specify what constitutes caste-based discrimination. “Discriminatory practices in university spaces often get normalised, and without a clear definition, universities may exercise their discretionary powers and, more often than not, attempt to shirk responsibilities,” Wadekar said. Her observation is based on past data showing how universities have denied the existence of caste-based discrimination on campuses.

In the past decade, as caste-based discrimination and suicides rose, the UGC was compelled to notify the UGC (Promotion of Equity in Higher Educational Institutions) Regulations 2012, also known as the Equity Regulations. These regulations required all colleges and universities to establish an Equal Opportunity Cell to oversee the promotion of equality and appoint an anti-discrimination officer to investigate complaints regarding discrimination in violation of equity. However, the regulations were not fully implemented as intended.

The proposed regulations, besides lacking clear definitions of discrimination, also exclude the Other Backward Classes (OBC) community from their scope, applying only to students from the Scheduled Castes (SC) and Scheduled Tribes (ST). In 2012 regulations too, students from OBC communities were excluded. The petitioners argue that this will be unjust to OBC students, who are equally vulnerable to discrimination on campuses. Data shows that many students from the OBC community have resorted to suicide or dropped out of colleges because of caste-based discrimination in the past decade.

The proposed regulations do not include staff or faculty members. Wadekar argues that the suggestion to include staff members comes from numerous anecdotal instances where faculty members have reported discriminatory practices based on their caste identities.

The 2012 regulations lacked a monitoring mechanism to ensure that the equity measures were effectively implemented. Vemula and Tadvi have suggested that the UGC should expressly mandate that “all Universities and Colleges submit periodic reports to UGC on the working of the Equity Regulations.”

While the proposed regulation has several problems, it also contains some concrete measures, such as the registration of FIRs once a case under penal laws is established. To this, the petitioners have suggested that “the heads of institutions should be mandated to register FIRs within 24 hours for complaints where a case is made out under penal laws.”

2012 regulations’ failure

In January 2016, Rohith Vemula, a PhD scholar at the University of Hyderabad (UoH), along with five other Dalit students, was expelled from the university housing facility for an alleged attack on an ABVP member. As the expelled students intensified their protest against the university administration’s decision, a few days into the protest, on January 17, 2016, Rohith died by suicide. UoH Vice-Chancellor Appa Rao Podile, then BJP MLC N. Ramachandra Rao, and two ABVP members (Susheel Kumar and Rama Krishna) were accused of abetting Rohith’s suicide. An FIR was filed against them, but the police failed to take any action.

In Dr. Payal Tadvi’s case, her suicide notes and her mother Abeda Tadvi’s testimony ensured that her three harassers – senior doctors Hema Ahuja, Bhakti Mehare, and Ankita Khandelwal – were immediately arrested. A damning 1,200-page chargesheet was filed against them. They have been accused of torturing Payal for an entire year and hurling casteist slurs at her. The Tadvis belong to the Bhil (of the Tadvi sub-caste) tribal community, and Payal was perhaps the first woman from her community to become a doctor. Advocate Wadekar is representing Abeda Tadvi in the criminal proceedings as well.

If the 2012 regulation had worked effectively, both Rohith Vemula and Payal Tadvi would not have needed to take drastic steps. The existing regulation has made it difficult for students to report instances of discrimination. Most of these cases are known because of individual efforts undertaken by anti-caste activists or organisations, which have, from time to time, highlighted extreme cases of discrimination on Indian university campuses.

Besides Rohith and Payal’s deaths, numerous other suicides have occurred in Indian universities over the past two decades. While some of these deaths were covered by the media, many were documented in an independent study conducted by a Delhi-based organisation called the Insight Foundation, headed by educationist Anoop Kumar.

But instead of focusing on these cases and encouraging students to come forward and report incidents of discrimination, the draft regulations mention “false complaints.” Wadekar says the draft doesn’t differentiate between a false complaint and a mere inability to substantiate a complaint with adequate evidence. “This clause,” Wadekar said, “should be completely removed.” “Students already find it hard to approach the Equity Committee, and such clauses will only act as a deterrent,” she added.

UGC’s hasty actions

This is not the first time that the UGC has acted hastily in response to the petition. In 2024, the UGC had set up a nine-member committee to look into the concerns highlighted in the petition. The Wire, in February last year, had looked into the composition of the committee and highlighted the chequered past of several of its members, including allegations of caste discrimination levelled against them.

Even as the division bench of Justice Surya Kant and N. Kotiswar Singh of the Supreme Court have been hearing this petition, another petition, Amit Kumar and Others versus Union of India, highlighting identical issues, is being heard before Justices J.B. Pardiwala and R. Mahadevan. On March 24, in a significant order, the apex court directed the formation of a National Task Force to address the mental health concerns of students and prevent the rising number of suicides in higher educational institutions (HEIs). This National Task Force is being constituted as a ten-member committee, with retired Supreme Court judge S. Ravindra Bhat as its chairperson. Other members include mental health experts, teaching professionals, among others. This order too refers to the ongoing petition filed by Vemula and Tadvi.

Courtesy: The Wire

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What happens when home is not just a place, but a feeling slipping through your fingers? This is a novel that asks not only where we come from, but where we go when the world fractures around us.

“The Hybrid Wanderers“ by Ashok Kaul is a novel that paints a portrait of Kashmir’s fractured society, set against the backdrop of the COVID-19 pandemic. Through its three central characters—a Kashmiri Muslim (Shafi) who left for the USA in the 1970s, his Kashmiri Pandit friend (Sudhir) who settled in America, and a young Maulvi (Shadab) whose enigmatic presence leaves an indelible mark—the book explores themes of migration, cultural erosion, and the search for identity. In their intersecting stories, the soul of Kashmir, torn and tested, finds its reflection.

Ashok Kaul retired as a Sociology Professor from Banaras Hindu University. Kaul left Kashmir in the 1970s for higher education in Varanasi. His family endured the painful displacement faced by Kashmiri Pandits during the 1980s militancy, a tragedy that informs the novel’s exploration of loss and alienation. Kaul’s narrative reflects both the syncretic culture of Kashmir and the disruption brought by decades of violence and political upheaval.

The novel delves into three distinct phases in Kashmir’s history: the post-independence era, militancy years, and post-COVID times. The post-independence era, marked by shared existence between Kashmiri Muslims and Pandits, draws inspiration from the teachings of Lal Ded and Nund Rishi. These 14th-century mystics, representing Kashmiri Shaivism and Sufism respectively, shaped a syncretic culture that valued coexistence and mutual respect. Shafi’s return to Kashmir is driven by a desire to rediscover the remnants of this harmonious past.

The militancy years depict the deterioration of societal values as violence and political unrest tore through the valley. The rise of militancy, fueled by support from Pakistan and local elites, promised prosperity but ultimately led to disarray. The Kashmiri Muslims who embraced militant activities found themselves grappling with drug addiction and shattered family dynamics.

Meanwhile, the forced migration of Kashmiri Pandits disrupted the cultural and social fabric of the valley. Sudhir’s character symbolizes the displaced Pandit community, whose economic success abroad contrasts with their loss of rootedness and traditions.

The post-COVID phase captures the economic and demographic shifts in Kashmir, with an influx of migrant laborers from states like Bihar and West Bengal. Shadab Maulvi emerges as a figure of hope, admired by Kashmiri elites and migrant workers. However, his mysterious disappearance leaves unanswered questions about the changing dynamics of the region. The novel highlights the tension between the local population and migrants, reflecting the broader challenges of migration and identity.

Kaul’s writing combines sociological analysis with fiction, which makes the book insightful but demanding. The characters’ lengthy, jargon-filled monologues may resonate more with Sociology students than with casual readers. While the book provides valuable commentary on cultural and social shifts, it avoids critically examining contentious issues like the abrogation of Article 370. This lack of political depth may disappoint readers seeking a more nuanced perspective.

Despite its limitations, The Hybrid Wanderers is a timely exploration of migration, cultural identities, and societal divides. The novel serves as a reminder that the persecution and displacement of communities, whether Kashmiri Pandits or Muslims elsewhere in India, come at a cost to everyone. It cautions against the dangers of complacency in the face of injustice, urging readers to reflect on the shared losses that emerge from fractured societies.

Courtesy: The Aidem

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The minister’s disclosure, made in response to a query from Congress MLA Dasarathi Gamango in the state assembly, has reignited scrutiny over KIIT’s handling of the case. Lamsal’s death on February 16, linked to alleged harassment by fellow student Advik Srivastava, triggered widespread protests by Nepalese students and diplomatic tensions between India and Nepal.

Nepal student had filed harassment complaint with KIIT authorities: Odisha minister

In a shocking revelation, Odisha’s higher education minister Suryavanshi Suraj stated on Friday that a 20-year-old student from Nepal, who tragically died by suicide at the KIIT campus in Bhubaneswar in February, had filed a “sexual harassment” complaint against the university authorities nearly eleven months prior. The minister’s statement came in response to a query by Congress MLA Dasarathi Gamango in the state assembly.

According to Suraj, in a written reply to the assembly, the woman had filed the harassment complaint on March 12, 2024. The minister further informed that a high-level committee formed by the state government is currently investigating the matter in detail. The university has confirmed the formation of an internal committee in line with UGC guidelines to address the issue.

Suraj also mentioned that the higher education department had not provided any grants to KIIT during the last financial year. As reported by The Indian Express, the investigation into the complaint is ongoing.

While KIIT formed an internal committee per UGC guidelines, critics, including the student’s father, Sunil Lamsal, accuse the university of negligence and mistreatment. The Odisha government has launched a high-level probe, and the National Human Rights Commission (NHRC) has ordered an on-spot inquiry, with a report due by March 10, 2025. As investigations deepen, questions loom over accountability and the safety of international students at KIIT.

NHRC to probe suicide case of Nepalese girl, ordered an on-spot inquiry into the death

The National Human Rights Commission (NHRC) had ordered an on-spot inquiry into the death of a Nepalese girl student at KIIT University in Odisha and directed its officials to submit a report by March 10. The NHRC issued this order in response to a complaint stating that the 20-year-old student had died by suicide in her hostel room at KIIT University on the afternoon of February 16. The commission had specified that the investigation should be conducted in accordance with the provisions of the Protection of Human Rights Act, 1993.

“Considering the seriousness of the matter, the commission directed the Registrar (Law) to proceed with an inquiry at KIIT University, Bhubaneswar, to conduct an on-spot investigation along with a team comprising two officers from the investigation division, one not below the rank of SSP, and one officer/official from the Law Division, and submit its inquiry report to the Commission by 10th March, 2025,” the NHRC order had stated.

As reported by Hindustan Times, the complainant, Ashutosh B, in his petition, had alleged that the Nepalese student at Kalinga Institute of Industrial Technology (KIIT) University had been harassed by her “ex-boyfriend” and that the university’s International Relations Office (IRO) had ignored her complaints, which he claimed ultimately led to her suicide.

Background

In February 2025, the Kalinga Institute of Industrial Technology (KIIT) in Bhubaneswar, Odisha, was thrust into controversy following the suicide of Prakriti Lamsal, a 20-year-old Nepalese BTech student. On February 16, Lamsal was found dead in her hostel room, an act linked to alleged harassment by a fellow student, Advik Srivastava, who was later arrested for abetment. Lamsal had filed a sexual harassment complaint with KIIT’s International Relations Office 11 months earlier, in March 2024, but no significant action was reportedly taken. Her death sparked outrage among the university’s approximately 1,000 Nepalese students, who staged protests demanding justice and accountability from the administration.

The situation escalated when KIIT authorities allegedly evicted protesting Nepalese students, forcing them to leave campus without prior notice, some dropped off at Cuttack railway station without tickets. This heavy-handed response drew widespread criticism, leading to diplomatic tensions between India and Nepal. Nepal’s government intervened, with Foreign Minister Arzu Rana Deuba calling for an impartial probe and the removal of involved staff. The Odisha government formed a high-level committee, and the National Human Rights Commission began investigating. Amid the unrest, over 150 Nepalese students returned to Nepal, while KIIT claimed most later resumed studies.

Sent daughter for higher studies: father of student who died by suicide

The father of the Nepali student, whose body was discovered in her hostel at the KIIT campus in Bhubaneswar, Odisha, on February 18 (Tuesday), has accused the private engineering institute of “mistreating” undergraduates from Nepal. His statement follows allegations that KIIT had evicted a group of Nepali students from their hostel amid rising tensions on the campus following the tragic death of Prakriti Lamsal, a third-year B Tech student.

In response to the allegations, the Kalinga Institute of Industrial Technology (KIIT) issued an apology for the incident, asserting that it had “never done any disservice to its students” reported NDTV.

Related:

Tragedy at KIIT: The death of Prakriti Lamsal and the University’s controversial response

Academic Freedoms at Risk: Federalism and autonomy challenged by UGC’s VC appointment guidelines

Education for a Hindu Rashtra: UGC-NCERT pushing a divisive agenda

The post KIIT Suicide Case: Nepalese student’s harassment complaint ignored for 11 months before tragic suicide appeared first on SabrangIndia.

• Why did I use the term Islamist instead of Islamic?

My Response: The term Islamic is a broad, neutral adjective that refers to anything related to Islam—its religion, culture, civilization, and traditions. It applies to concepts like Islamic art (art influenced by Islamic culture) and Islamic law (Sharia, the ethical and legal framework derived from Islamic principles). This term does not carry any inherent political meaning.

Islamist, on the other hand, is a more specific term with political connotations. It refers to individuals, movements, or ideologies that seek to implement Islamic principles in governance and society, often advocating for a political order based on their interpretation of Islam. While some Islamists pursue their goals through democratic means, others adopt more radical or militant approaches. Importantly, Islamist does not equate to Islamic—not all Muslims are Islamists, and Islamism represents a distinct political ideology rather than the religion itself.

The choice of Islamist in my article was deliberate. It accurately reflects the political dimension of the subject being discussed, distinguishing it from the broader religious or cultural aspects of Islam. Precision in terminology is essential, especially when addressing political ideologies or movements within the Islamic world.

• Another criticism levelled at my work is that it merely presents others’ viewpoints without a clear, cohesive argument.

My Response: This critique misinterprets the article’s purpose. Far from lacking direction, my work deliberately highlights the diversity of perspectives on secularism and Islam—concepts that are inherently contested and open to multiple interpretations. The absence of a rigid, singular definition is not a flaw but a reflection of the discourse itself.

Contrary to the claim that my argument is unclear, I explicitly advocate for secularism as religious neutrality and Sarva Dharma Samabhava—equal respect for all religions. This framework stands in direct opposition to theocratic visions promoted by Islamist groups, which reject pluralism in favour of a monolithic religious order.

Rather than weakening my case, the inclusion of diverse perspectives strengthens it. By engaging with a spectrum of viewpoints, I demonstrate the complexity of the debate while reinforcing secularism as the most viable model for a pluralistic society like India. My article is not a passive compilation of opinions but a structured, purposeful defence of secularism—one that gains depth, not dilution, from the multiplicity of voices it engages.

• What we now call secular values—human rights, equality, compassion, and justice—are deeply rooted in religious morality. Modern secular societies did not emerge in isolation; rather, they evolved from centuries of religious teachings that laid the groundwork for these principles. Paradoxical as it may seem, secular values originate from religion itself, making secularism an inherent part of religious traditions rather than a departure from them.

My Response: I do agree. Secularism is not inherently anti-religious but can align with religious values by promoting neutrality, freedom, and equality. It ensures the state doesn’t favour any religion, protecting religious diversity and allowing all faiths to coexist peacefully. This aligns with religious principles like freedom of conscience (e.g., “no compulsion in religion” in Islam) and treating others with respect (e.g., “love thy neighbour” in Christianity). Secularism also fosters collaboration on shared goals like social justice, reflecting religious values of compassion and service. By separating religion from state power, it prevents extremism and respects moral autonomy, allowing individuals to practice their faith freely. In essence, secularism supports religious values by creating a fair, inclusive society where diverse beliefs thrive.

• The term “Islamism” originated in the late 18th and early 19th centuries. Initially, it was used in European languages as a neutral synonym for Islam, much like “Christianism” for Christianity. Early Western writers, including Voltaire and Encyclopædia Britannica (first edition, 1771), used “Islamism” simply to refer to the religion of Islam.

My Response: Islamism and Islam are used interchangeably. Most Islamophobes adopts this method. This approach is wrong. This is equal to equating of Hindutva with Hinduism and Zionism with Judaism.

• Islam itself is however already an “-ism” – given this, why did European languages create “Islamism” instead of just using “Islam”?

My Response: The term “Islamism” was indeed coined in European languages to create a clear distinction between Islam as a religion and the political movements or ideologies that seek to implement Islamic principles in governance and society. While “Islam” refers to the faith, spirituality, and practices of Muslims, “Islamism” specifically denotes political ideologies that advocate for the implementation of Islamic law (Sharia) and the establishment of Islamic-based political systems. This distinction emerged in the late 20th century as a way to analyse the political dimensions of Islam separately from its spiritual and theological aspects, providing clarity in discussions about religion versus ideology.

However, the distinction between Islam and Islamism is not always clear-cut, and the term “Islamism” itself has been subject to debate. It can oversimplify the diversity of political movements within the Muslim world and may be used to stigmatize legitimate political expressions of Islamic identity.

The interpretation of Islamic values is a topic of ongoing debate, particularly between Islamists and those who prioritize Quranic values. Islamists often focus on implementing Sharia law, emphasizing legalistic interpretations over broader ethical values. In contrast, the Quran highlights values such as justice, mercy, compassion, and human dignity. One of the fundamental principles of the Quran is freedom of religion, as stated in verse 2:256, “There is no compulsion in religion.” However, some Islamist movements have been accused of imposing religious practices, undermining this principle.

The Quran also promotes fraternity and equality, envisioning the ummah (global Muslim community) as a brotherhood of equals. Nevertheless, some Islamist regimes have faced criticism for fostering sectarianism and discrimination. Individual self-determinism is another key value in the Quran, emphasizing personal responsibility and individual accountability. In contrast, Islamist ideologies often prioritize collective identity over individual freedoms. The Quran is clear in its advocacy for justice, fairness, and human rights, including those of women and minorities. However, some Islamist policies have been criticized for being discriminatory or unjust, particularly toward women and religious minorities. In addition, the Quran encourages coexistence and dialogue among diverse groups, promoting pluralism and diversity. Unfortunately, some Islamist movements reject pluralism, seeking to establish homogeneous Islamic states. The Quran promotes peace and reconciliation, yet some Islamist groups have been linked to violent extremism, contradicting these principles.

Finally, the Quran advocates for economic justice, prohibiting usury and mandating charity (zakat). While Islamist attempts to implement Islamic economic systems have had mixed success in achieving justice, the importance of economic fairness remains a core Islamic value.

• The term “Islamist” has developed a pejorative connotation, especially in modern political discourse. While Islamic governance has existed for centuries—without the need for a distinct label—”Islamism” emerged in Western discourse to specifically refer to political movements advocating for governance based on Islamic principles, with an implicit tone of disapproval.

My Response: You are right. The term “Islamist” has become a focal point in the broader issue of Islamophobia, reflecting and reinforcing deeply ingrained biases in Western discourse. Historically, the West’s engagement with the Islamic world—from colonialism to the Cold War and the post-9/11 era—has shaped a narrative that associates Islam with backwardness, violence, and authoritarianism. This narrative has been perpetuated through the pejorative use of “Islamist,” which is often applied indiscriminately to a wide range of Islamic political movements, from moderate reformers to extremist groups. By conflating these diverse movements under a single, stigmatized label, the term contributes to a perception that Islam itself is inherently incompatible with democracy or modernity. This framing not only delegitimizes legitimate political expressions of Islam but also fuels Islamophobia by portraying Muslims as a monolithic group prone to extremism. The lack of equivalent terms for religiously motivated movements in other faiths, such as “Christian democracy” or “Hindu nationalism,” underscores the double standard at play, further entrenching stereotypes and fostering fear and mistrust of Muslim communities.

• Your article is about “Why Quranic Principles Advocate Secular Democracy Over Theocracy” is not about “making a compelling case for secularism as the best model for a pluralistic society like India.” India is not even mentioned in the article and rightly so because what has India to do with Why Quranic Principles Advocate Secular Democracy Over Theocracy? You seem to have lost track of what the article is about.

My Response: My critique presents a theoretical and theological challenge to the imposition of Sharia within political Islam, examining its far-reaching implications for societal structures, governance frameworks, and individual liberties. At its core, my argument questions whether enforcing Sharia as state law aligns with fundamental principles of legal pluralism, human rights, and the separation of religion and state.

A critical analysis reveals that such enforcement poses significant risks, including marginalizing non-Muslim communities and silencing dissenting voices within Muslim societies. It also risks clashing with universal human rights standards, particularly in areas such as gender equality, freedom of religion, and freedom of expression.

From a theological perspective, my critique emphasizes that Sharia is not a monolithic entity, but rather a complex and dynamic system subject to diverse interpretations shaped by historical, cultural, and contextual factors. Rigid enforcement of Sharia within modern political systems disregards its inherent adaptability, distorting its original principles and fostering authoritarianism—where religious elites consolidate power, stifling intellectual and social progress.

Politically, my critique contests the exploitation of Sharia as a means of consolidating power and exerting control over populations, thereby exacerbating societal fractures and eroding social cohesion. A comprehensive review of historical precedents and comparative analyses demonstrates that imposing religious law often leads to the suppression of dissenting voices and the erosion of individual liberties.

Ultimately, my critique calls for a critical reassessment of Sharia’s role in modern governance. It advocates a framework that safeguards legal pluralism, human rights, and the separation of religion and state—fostering a more inclusive, tolerant, and equitable society.

• The (Iranian) regime is not corrupt; it is principled. It has prioritized principles over political compromises. It faces sanctions because it supports Palestine—ironically, as a Shia state, it is the only one backing Sunni Palestine. The suffering of its citizens is primarily due to sanctions and military spending for national defence. Iran remains the only Muslim state capable of standing up to the U.S. in conventional warfare, making it the last bastion that the U.S. and Israel seek to bring down.

My Response: While Iran adheres to a distinct ideological framework, its governance is driven by both principled and pragmatic considerations, with internal power struggles and instances of corruption undermining the system’s integrity. The significant economic influence wielded by the Revolutionary Guards (IRGC) and political elites has raised allegations of nepotism and financial malfeasance. Moreover, prioritizing principles over pragmatic political compromises is not inherently virtuous if it results in widespread hardship for citizens.

A balanced approach is essential—one that upholds fundamental principles while carefully considering their impact on human welfare. Iran’s troubling human rights record, as seen in the case of Mahsa Amini, highlights the urgent need for such scrutiny.

While sanctions and military expenditures contribute significantly to economic difficulties, internal economic mismanagement and political repression also play substantial roles. Many Iranians hold their government accountable for economic struggles, citing corruption, lack of transparency, and crackdowns on dissent. The government’s resource allocation, such as funding regional militias versus domestic welfare initiatives, is a contentious issue debated among Iranians themselves. Rather than being merely a victim of external pressures, the Iranian regime actively shapes its domestic and regional realities, with consequences both positive and negative.

• “The notion that Islam requires the integration of religion and state is a historical development, not a Quranic mandate.” “Fight until there is no more oppression and injustice and the Law of Allah prevails.” (Q.8:39)

My Response: This verse can be interpreted in another way. A humanistic interpretation of Q.8:39 would focus on the broader ethical and moral principles it conveys, emphasizing themes of justice, freedom, and the pursuit of a harmonious society. From this perspective, the verse could be understood as a call to resist oppression and work toward a world where human dignity, equality, and fairness are upheld. The “Law of Allah” could be interpreted symbolically as a universal moral order that aligns with humanistic values such as compassion, justice, and the common good. The emphasis on ceasing hostilities if the opposition stops (“if they desist”) could be seen as a call for reconciliation and peace, highlighting the importance of resolving conflicts through dialogue and mutual understanding rather than violence. This aligns with humanistic ideals of nonviolence and the belief in the potential for positive change in human behaviour. The reading would focus on the underlying message of striving for a just and equitable world, where all individuals are free from oppression and can live in dignity and peace. It would encourage reflection on how these principles can be applied in contemporary contexts to promote social justice and human flourishing.

• Q. 5:44 clearly affirms that governance must align with divine law.

My Response: Q.5:44 emphasizes the importance of divine guidance in governance and justice, reflecting the principle that laws should align with moral and ethical values rooted in faith. From a Quranic perspective, this verse can be understood as a call for governance that upholds justice, compassion, and the dignity of all human beings. Divine law, in this context, is not merely a rigid set of rules but a framework that seeks to promote the well-being of individuals and society. It emphasizes accountability, fairness, and the protection of human rights, which are universal values shared across cultures and faiths. I interpret divine law as a means to foster a just and equitable society where the welfare of people is prioritized. It encourages leaders to govern with wisdom, mercy, and a deep sense of responsibility toward all members of society, regardless of their faith or background. This aligns with the broader Islamic principle of Rahmah (mercy) and the concept of Maqasid al-Shariah (the higher objectives of Islamic law), which include the preservation of life, intellect, faith, lineage, and property. In essence, governance aligned with divine law, from an Islamic humanistic viewpoint, is one that serves humanity, promotes justice, and ensures the dignity and rights of all individuals are respected and protected. It is a call to integrate spiritual and ethical principles into leadership, ensuring that power is exercised with humility and a commitment to the common good.

• Islamic governance, in both theory and practice, incorporated consultation, judicial impartiality, and legal pluralism—values that align with modern democratic ideals.

My Response: My critique of contemporary political Islamists centres on their deviation from the historical and ethical principles of Islamic governance, rather than an attack on Islam itself. Many modern political Islamist movements have distorted these principles, centralizing power, side-lining diverse voices, and imposing rigid, exclusionary interpretations of Sharia. These movements often prioritize ideological purity over practical governance, using religion as a tool for political control rather than a means to promote justice and welfare. For example, the concept of hakimiyyah (sovereignty of God) has been weaponized to justify authoritarian rule, while the dynamic and adaptive spirit of early Islamic law, exemplified by ijtihad (independent reasoning), is often ignored. This rigidity leads to the suppression of dissent, the marginalization of women and minorities, and a failure to address pressing socio-economic challenges. Moreover, the politicization of religion by these groups undermines the spiritual and ethical dimensions of Islam, reducing it to a mechanism for power consolidation. By rejecting democratic principles as “Western impositions,” many political Islamists alienate broader populations, particularly the youth, who seek inclusive and pragmatic solutions to modern problems. My critique targets the authoritarian, exclusionary, and rigid practices of contemporary political Islamists, which diverge sharply from the pluralistic, consultative, and justice-oriented spirit of early Islamic governance. By reclaiming these historical principles, it is possible to envision a form of governance that is both authentically Islamic and aligned with the aspirations of modern societies for fairness, inclusivity, and good governance.

(V.A. Mohamad Ashrof is an independent Indian scholar specializing in Islamic humanism. With a deep commitment to advancing Quranic hermeneutics that prioritize human well-being, peace, and progress, his work aims to foster a just society, encourage critical thinking, and promote inclusive discourse and peaceful coexistence. He is dedicated to creating pathways for meaningful social change and intellectual growth through his scholarship. He can be reached at vamashrof@gmail.com)

Courtesy: New Age Islam

The post The inherent problem with political Islam appeared first on SabrangIndia.

Since March, action has been taken against 136 madrasas that were ‘not registered with the education department or the Madrasa Board.’ Reports suggest that, according to government estimates, the state has around 450 registered madrasas while 500 are operating without the recognition of these two departments. However, these institutions are being run under the Societies Registration Act.

A statement put out by the state reportedly said, “Action against illegal madrasas, unauthorised shrines, and encroachments will continue. Unregistered madrasas have been reported in towns bordering Uttar Pradesh, and such unauthorised institutions pose a serious security concern.”

In January 2025, the CM had first directed ordered a ‘verification drive’, and the district administrations have been surveying madrasas to ascertain various aspects, including their financial sources. In Udham Singh Nagar, the government has sealed 64 madrasas; in Dehradun, 44; 26 in Haridwar; and two in Pauri Garhwal, officials said.

Khurshid Ahmed, the state secretary for Jamiat ulema-i-Hind, claimed that the exercise is illegal as the managers of these institutions are not given notices before they are closed. “For a large-scale drive like this, the government needs to pass an order, but that has not happened. The sealing is taking place during Ramadan when the children are away at their homes. Several institutions had closed after the year-end exams. What needs to be seen is if the children will be able to assimilate with other schools and curriculum when they get transferred,” he said.

Madrasa Board chairperson Mufti Shamoom Qasmi said that the children from the sealed madrasas will be transferred to schools and madrasas nearby, and urged the administration to initiate this action. “We will look into how many children study here after the report on the drive is submitted. The children are entitled to the right to education and we will make sure it is not violated,” he said.

The issue of inequitable comparisons between educational qualifications in a madrasa and a school, Qasmi said the education department will try to resolve this. It may be recalled that, in Uttar Pradesh, the government has awarded equivalence to Munshi and Maulvi curricula in class 10 and Alim in class 12. “A set of guidelines have been formed, which will bring the congruence. The Education Board headquartered in Ramnagar will resolve this and accord recognition,” he said.

In Uttarakhand, it was the DMs (Collectors) who conducted the state-wide inspection in all 13 districts, yet, the findings are not public. Recognised madrasas come under the state boards for madrasa education, while unrecognised ones follow the curriculum prescribed by the bigger seminaries such as the Darul Uloom Nadwatul Ulama and Darul Uloom Deoband.

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