The Jamiat Ulema-i-Hind has advised madrasa authorities to cooperate fully with Uttar Pradesh government officials tasked with conducting an upcoming survey of madrasas in the state. The survey had been proposed to get details of unauthorised madrasas in the state.

The survey that began today purportedly aims to ascertain not only the sources of funding, but also aims to take stock of the syllabus taught at such institutions, as the UP government claims it wants to modernise the madrasa curriculum.

According to Amar Ujala, there 16,500 authorised madrasas in UP, of which 558 are aided and 7,442 offer modern education. The total number of students at such madrasas is upwards of 19 lakhs.

The move has been viewed as contentious by All India Majlis-e-Ittehadul Muslimeen (AIMIM) chief Asaduddin Owaisi who has dubbed the survey as the “next NRC” comparing it to the National Register of Citizens. “It’s not a survey, but a mini-NRC. Some madrasas are under the UP madrassa board. The government cannot interfere with our rights under Article 30. They just want to harass Muslims,” a news agency had quoted him as saying earlier this month.

But the Jamiat Ulema-i-Hind and even the Darul Uloom, have advised madrasa authorities not to oppose the survey. On Sunday, Maulana Arshad Madani, the president of the Jamiat Ulema-i-Hind chaired a conference of the principals and managers of prominent madrasas. The Times of India quoted him as saying, “There is nothing hidden… Doors of madrassas are always open for everyone. We’ve been asking madrasa directors to support the government’s decision.” He further advised them to “fully cooperate with officials during the government survey of madrasas.”

Similarly, the Darul Uloom too urged all madrasa authorities to make the survey process smooth and said that it had “no objection” to the UP government’s survey. Abul Qasim Nomani, the Darul Uloom Vice Chancellor was quoted by TOI as saying, “We are not opposed to the survey. A detailed manifesto has been issued for madrassas in this regard.” He further advised them to “provide correct and true information to the survey team so that there is no problem later on,” and also “maintain transparency in the financial system and get accounts audited annually.” The Darul Uloom urged, “Keep all the ownership documents of madrassa land and property, the society or trust running the institution in good standing and get the property registered as per legal requirements.”

As per a Jagran report, the survey is expected to be completed by October 15 following which a report will be submitted to the state government. The survey will look into the following 12 elements:

1.      Name of the madrasa

2.      Name of the organization that is running the madrasa

3.      Year of establishment

4.      Details of madrasa premises (owned or rented)

5.      Details of adequacy of madrasa premises, availability of resources, and structural integrity of madrasa building

6.      Number of students

7.      Number of teachers

8.      Details of curriculum

9.      Source of income

10.   If students have been enrolled in any additional schools

11.   If any non government organization is connected with the madrasa

12.  Remarks of the surveyor

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On September 7, the Supreme Court adjourned a 2017 writ petition filed by Advocate Veenayak Shahagainst prayer being recited in the KendriyaVidyalayas (government run Central Schools) which are related to one religion. The petitioner had sought directionsagainst the respondents i.e., Union of India and KendriyaVidhyalayaSangathans, to “discontinue any form of Prayer from the Morning Assembly or otherwise, in Kendraya Vidyalaya Sangathans and to promote Scientific learning among the students.”

A bench comprising Justices Indira Banerjee, Surya Kant and M. M. Sundresh was hearing the said case. However, Justice Banerjee adjourned the matter on the ground that she has taken up a lot of matters and does not have the time to take up this matter at present, reported LiveLaw. But the court allowed the Jamiat Ulama-i-Hind to file and impleadment application. The matter is likely to be heard next month.

In 2019, a bench comprising Justices Nariman and Vineet had referred the matter to a three-judge bench. Colin Gonsalves, Senior Advocate, appearing for the petitioner, submitted before Justice Banerjee that Justice Nariman had, during the previous hearing, observed that the writ petition raised questions of seminal importance regarding the correct interpretation of Article 28(1) of the Constitution of India.

Justice Indira Banerjee sharing her own experience stated that, “The school that I used to go to, we had to stand in the assembly and say our prayers.” While adjourning the matter she had also observed that the prayers are done in the schools to inculcate moral values, reported LiveLaw.

In addition to this, an impleadment application filed by Jamiat Ulama-i-Hind, which sought the indulgence of the Court to consider the view of the Minority Communities including the view of the Muslim Community in the matter, was also allowed. It was pleaded that as the matter involves the question as to whether the prescribed common prayer stipulated in Revised Education Code is in consonance with the personal laws of minority communities, the minority communities get a chance to have a say in the same. It was submitted in the application that, “Since the said common prayer is based on Hinduism, the members of the minority communities who are forced to recite the said prayer are aggrieved by the said provision.”

As per the application, since the Kendra VidyalayasSangathans is an educational institution maintained out of state funds, mandating the recitation of a common prayer which was based on any particular religion is not constitutionally permissible and is violative of Article 25 and Article 28 of the Constitution of India.

Background of the Petition

Lawyer Veenayak Shah, whose children had graduated from Kendriya Vidyalaya, filed the petition objecting to the institution’s requirement that students recite Sanskrit and Hindi hymns. On the grounds that religious prayers will make it difficult for students to develop a scientific temperament because the concept of God and religious faith is given such high priority and instilled in them as well, the petitioners ask that a Hindu religion-based song be discontinued as a morning prayer in KendriyaVidyalayas across the nation.

As a result, rather than learning how to overcome the challenges encountered in daily life, pupils wind up acquiring a tendency to turn to the Almighty for help.The petition invokes Article 28 (1) that says, “No religious instruction shall be provided in any educational institution wholly maintained out of State Funds”. It insisted that any school or educational institution funded by state cannot propagate any particular religion.

Related:

Gujarat: Jamiat Ulama-e-Hind moves High Court against teaching of Bhagavad Gita in schools
Karnataka: Hindu Janajagruti focuses on ‘Bible in classrooms’, after hijab controversy
Jamiat Ulama to contest decision to convert all madrasas into regular schools in Assam
Hijab Ban case: Supreme Court pulls up petitioners for seeking adjournment

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On April 21, 2022, the Supreme Court heard the petition filed by Jamiat-Ulama-i-Hind against demolition drive in Jahangirpuri and other states, namely – Uttar Pradesh, Madhya Pradesh and Gujarat, and extended the status quo orders on the demolition drive in Jahangirpuri for another two weeks. On being pressed by one of the petitioners for a stay on all such demolition all over the country, the Bench said that if selective, unlawful demolitions continue anywhere else, they should be brought to the court’s notice after which it would step in.

The bench comprising of Justices L Nageswara Rao and BR Gavai issued notice to the North Delhi Municipal Corporation (NDMC) in the petition filed by the Jamiat Ulama-i-Hind and sought its counter-affidavit within two weeks.

The Bench also issued notice to the Union of India and the States of Madhya Pradesh, Uttar Pradesh and Gujarat on another petition filed by Jamiat Ulama-i-Hind against the authorities in different states resorting to demolition of houses of persons accused in crimes. The petition will be listed after two weeks.

Yesterday, Senior Advocate Dushyant Dave, appearing for the petitioners had urgently mentioned the matter before a bench led by the Chief Justice of India who then ordered a status quo on demolitions until further orders. Dave brought to the Court’s attention that the case raised far reaching questions of constitutional and national importance. He said, “They (NDMC) knew we will mention at 10.30 am (on Wednesday) and that is why demolition began at 9 am. They continued even after the status quo order was passed.” 

When Justice LN Rao asked what was of national importance in this matter since it concerned only an area, Advocate Dave pointed out to the instances from other parts of the country, in the recent past, where it seemed like it has become a ‘State policy’ to demolish the properties belonging to the accused in the communal riots using bulldozers. He reportedly asked, “How is it that bulldozers have become an instrument of state policy?”

He further argued, “This is not an issue confined to Jahangirpuri. It is a matter affecting social fabric of our country. Particular section of society is being targeted. I’ll read Ambedkar and Saradar Patel on this, how they spoke of this eventuality. This is the warning they gave. If this is allowed, there will be no rule of law left. How is it that the President of the BJP writes a letter to the Municipal Commissioner to start demolitions and they demolish after that? Delhi Act has a provision for notice wherein a notice of 5-15 days is a must and there is provision for appeals too. Look at the Olga Tellis case also and how SC protected the rights.”

Highlighting the fact that only one area and one community was targeted despite there being 731 unauthorised colonies in Delhi with 50 lakhs people, Dave said, “Please see the Preamble of the Delhi Municipality Act, where it is noted how there has been immense migration to Delhi and how changes have occurred beyond the Delhi Master plan.” He further added, “All homes in Jahangirpuri are more than 30 years old and shops are 50 years old. How can this be allowed in a democratic country?”

Stressing upon the fact that the demolition drive was nothing but an act to harass particular section of the society he argued, “You have destroyed homes. Who should be held accountable? These are poor people. If you want to remove encroachments, come to Sainik Farms. Come to Golf Links, where I stay, and every second home is an encroachment somewhere, but you don’t touch it at all.” He further added, “Even otherwise court has dealt with this, right to life is right to shelter. You can’t remove people without notice. This is precisely what we are against, Law of the Jungle.”

Dave requested the Bench to refer to Section 343 of the Delhi Municipal Corporation Act which states that no order of demolition can be passed without giving a reasonable opportunity of hearing to the person. Expressing his concern, he further stated, “A letter was written by BJP’s President to the Mayor. His wish became the command. Police and civil authorities are bound by the Constitution and not by letters written by a BJP leader. It speaks on a sad commentary on us as a nation”

Senior Advocate Kapil Sibal, continued the arguments in favour of the petitioners with respect to the second petition filed by them. Disapproving the encroachments, he stated that the Muslim minority is being associated with the encroachment. When Justice Rao questioned if none of the Hindu properties were demolished, Sibal submitted, “Some isolated instances. My plea is that such instances are happening in other states also. When processions are carried out and frictions occur, homes of only one community are bulldozed and politics in power judges what happens or not happens. Look at Madhya Pradesh where minister says that if Muslims do such a thing, they cannot expect justice. Who decides that? Who gave him that power? Somebody is in jail his house was demolished. I’ve photos where people from a community were gated and their houses were demolished. What’s this process, to instil fear and to side-line rule of law? You can’t connect encroachments to one community! Encroachments aren’t limited to A and B community. You can’t just demolish houses saying they are encroached. This forum is to show that rule of law prevails.”

Sibal sought a stay on demolition all over the country but the Court refused to impose such a blanket ban. When Sibal requested for a stay on the particular demolition drive at Jahangirpuri, the Court said, “We will see.”

CPI (M) leader Brinda Karat moved the Supreme Court today challenging the demolition drive continued by the NDMC in Jahangirpuri despite the Court’s status quo orders. Senior Advocate PV Surendranath appearing for her pointed out that she informed the authorities who did not stop and continued the demolition drive until 12.45pm. He informed the Court that she had to physically stand to stop the process. Sr Adv Dave chipped in here to inform the Court that the demolition drive went on even though the NMDC Mayor told the media at 11 A.M that SC order will be complied with. When the Bench asked exactly when was the order communicated, Sibal submitted that the Advocate-on-Record MR Shamshad messaged the order via Whatsapp to the Mayor around 11 A.M, reported LiveLaw.

Ganesh Gupta, whose juice shop was bulldozed in the demolition drive in Jahangirpuri yesterday, also moved Supreme Court today seeking compensation from NDMC saying that his shop was authorized with all necessary licenses. Senior Advocate Sanjay Hegde, appearing for him said, “I was there, my shop was demolished even though I had all the papers. We demand compensation for such a demolition act which was illegal.”

Appearing for NDMC, Solicitor General Tushar Mehta asked Advocate Hegde to give him the papers proving the legality of Ganesh Gupta’s property. Regarding the demolition drive in Jahangirpuri, SG Mehta claimed that they have been trying to remove the encroachments on footpath and public roads since January. With respect to the alleged illegal buildings, he claimed that notices were issued, and said, “This is what happens when organisation comes here suddenly. I will show you instances when notice is not required and illegal structures were given the notice. Traders have moved HC last year and HC had itself ordered demolition. No individual is coming as they’ll have to show notices etc.”

With respect to the petitioner’s argument that only one community is targeted, SG Mehta stated, “This has become a pattern, whenever issue arises instead of individuals coming in, organisation file petition and entire spectrum jumps in. Allegation that one community is targeted is incorrect. In MP, Khargone, which has become topic of all debates. 88 affected parties are Hindus and 26 were Muslims, I’m sorry I’ve to bifurcate them, Govt doesn’t want to, I’m being compelled to.”

When SG Mehta submitted that there was no need to provide notice for demolishing stalls, chairs, tables etc from footpaths and roads according to the powers conferred upon the Municipal Commissioner, Justice Rao enquired if only stalls, chairs, tables were demolished in Jahangirpuri yesterday. Justice Gavai added, “To remove these you need a bulldozer? Statute provides for something to be done in a certain way, it also provides for appellate remedy, it provides time for 5-15 days.”

Justice Rao asked Sr Adv Hegde for Ganesh Gupta if he was issued notice before his establishment was demolished. Hegde denied receiving any notice contrary to SG Mehta’s claim that they were in fact provided a notice.

Justice Rao said, “We want affidavits from the petitioners on the notices if served and counter affidavits on the details of the demolition and till then status quo order will continue.” Responding to this SG Mehta said that once the Court entertains this plea, everyone will jump on the bandwagon. The Court said that they know where to stop.

Seeking clarification on the Court’s direction Sr Adv Sibal enquired about a stay order for bulldozing in other states with respect to the second petition, to which the bench responded, “You’re bringing to our notice what happened some time back and your apprehension is what will happen. Once we have passed orders in one case, you still think something will happen?” Nevertheless, he was directed to approach the Court in case any further demolition drives took place in other states, despite the court’s orders.

In the aftermath of the violence ensued from the procession of Hanuman Jayanti on Saturday and again on Monday, the BJP headed civic body, North Delhi Municipal Corporation (NDMC) wrote to the police on Tuesday seeking 400 police personnel including women police officials to maintain law and order as municipal authorities carried out a demolition drive against “encroachers” at the spot over the next two days. The bulldozers arrived in Jahangirpuri at 10 A.M today and started demolishing the properties in the area where communal clashes broke out on Saturday during a Hanuman Jayanti procession. The demolition drive continued for hours despite the Supreme Court’s status quo orders on such demolitions. CPM leader Brinda Karat had to stand strong against state machinery and literal heavy demolition machinery, block the bulldozer and wave the copy of a Supreme Court order at the authorities, to finally stop them from continuing the atrocious demolition drive.

The order dated April 21 will be updated shortly. Meanwhile, the order dated April 20 may be read here: 

Related:

Jahangirpuri demolition drive: Do Supreme Court orders mean nothing to the BJP ruled Municipal Corporation?
Brinda Karat stands tall in front of bulldozers at Jahangirpuri’s Tiananmen square moment
SC orders status quo on demolitions in Jahangirpuri
Bulldozing the law and homes of the Muslim marginalized: Gujarat
Madhya Pradesh’s Home Minister blames Muslims for Ram Navami day violence, justifies mass demolitions

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working committee of Jamait

Jamiat took decision to launch voter’s list movement in the wake of revelation made by Centre for Research and Debates in Development Policy (CRDDP) that names of several lakhs Muslims have been missing from the voter’s lists that is affecting electoral and social strength of community. In order to rectify the anomaly, The National Working Committee has issued advisory to all its local branches in various states to take up this work on war footing. They have also been advised for creating mass awareness about the same.

The members of (JUHWC) also expressed their deep concern over the decision of Uttrakhand’s High Court for banning issuance of fatawa by Islamic institutions.  However they expressed satisfaction over stay intervention by the Apex Court.

The members of (JUHWC) also reviewed Jamiat’s committee report about ongoing reform measures undertaken by the kingdom of Saudi Arabia. They have asked the committee members to submit exclusive resolution in the next meeting of (JUHWC).
The JUHWC has decided to hold its concluding centenary conference in November, 2019 at Deoband which was earlier scheduled to take place in the Month of February 2019.

In the meeting of (JUHWC) a detailed report on Jamiat’s relief and rehabilitation efforts in Kerala was also presented. The members of (JUHWC) expressed their satisfaction over this report.  It is to be noted that till now Jamiat has spent more than five crore rupees on relief and rehabilitation work in Kerala. At present, Jamiat is engaged in construction of 100 houses and repairing 100 damaged houses after flood devastation.

The meeting was attended by nearly 40 members and special invitees representing across the country.

Courtesy: Two Circles
 

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Jamiat deposited Rs 53,000 on behalf of eight prisoners — all non-Muslims — setting a “humanitarian example at a time when the country is reeling under the communal tension.”

The function was organised in Jail No. 2 of Tihar on February 2, 2018. Ajay Kashyap, DG (Prisons) attended the event as the Chief Guest of the function. SS Parihar, DIG (P) was also present at the occasion along with few other officials.

In the program, all eight convicts were immediately released from the jail and were let out for a new beginning of their free life. DG Ajay Kashyap thanked the Jamiat and its national general secretary Maulana Mahmood Madani for the generosity shown. He also urged Jamiat to continue their support for such noble cause in the future also.

Ajay Kashyap has advised that special emphasis is given to the inmates belonging to the economic and social backward strata of the society. Kashyap said, “Delhi prison is a correctional institution that aims to rehabilitate inmates with a human touch so that after releasing from jail they can again rejoin as productive members of society by providing them with useful life skills, education, and support.”

“During the period of incarceration, the inmates are occupied in positive and constructive activities and encouraged to participate in various activities,” he added.

Kashyap also talked about the “Constitution Week”, which was celebrated in the last week of November 2017 by the prison department. The focus in the week was on identification of prisoners who were granted bail but could not be released due to their inability to produce sureties.

During this exercise, several poor convicts were identified who were undergoing sentence in lieu of the fine. Jail administration tried to reach out to several philanthropic organisations for help for these convicts. “It was decided to join hands with some organisations so that the fine amount can be deposited to ensure the release of such convicts immediately to re-integrate in the mainstream of the society again as a productive member of society,” said the press statement released by Jamiat.

On the occasion, Kashyap thanked Jamiat Ulama-i-Hind for approaching prison administrations and coming forward to cooperate on humanitarian ground. On behalf of Jamiat Ulama-i-Hind Maulana Hakeemuddin Qasim, Maulana Ghayyur Qusim, Qari Abdus Sami, Qari Naushad Adil, Maulana Yaseen Jahazi, Maulana Shafiq Qasmi Mufti Suhail Qasmi, Maulana Azeemullah Qasmi were also present in the function. The JUH delegation also gifted sets of Holy Qur’an to the DG.

Courtesy: Two Circles

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