A video has been uploaded by Hindutva leader Sachin Sirohi were a Muslim man can be seen offering namaz in the open. This video was shot on the platform of Hapur railway station in Meerut, Uttar Pradesh. Sachin Sirohi then put out another video, where he was voicing his objections to the said act of offering namaz in the open.

The video can be viewed here:

This is from #Meerut, #UttarPradesh.#Hindutva leader #SachinSirohi has objected to a person offering #Namaz on the platform of #Hapur railway station. pic.twitter.com/nkT6bSyTzk

— Hate Detector ? (@HateDetectors) April 15, 2023

According to Sirohi, the act of offering namaz openly was an act of defiance. In the video, he can be heard saying “we were travelling by the train when we saw a Vidharmi (a man of another religion; a follower of a religion other than one’s own) reading namaz at the station itself. This station is not a religious place, it is a public space. This has happened before too. I do not understand what kind of message these people want to deliver. It is very unfortunate that in a public place, where people belonging to every religion at present, such acts such not be done. So many times, the CM of the state has spoken up about this, but no one is ready to follow the orders of the CM.”

The video can be viewed here:
 

They say that this is not a religious place, it is a public place. pic.twitter.com/8w9UMsZwzO

— Hate Detector ? (@HateDetectors) April 15, 2023

This is not the first time that Muslim men offering namaz in open grounds or public places have been taken personally by Hindutva outfits, a byproduct of a concerted effort by communal forces to exacerbate communal polarisation in the country. In the month of April itself, Haryana’s Sonipat witnessed a brutal unprovoked attack on Muslims offering namaz in a mosque by some Hindu youth bearing lathis. The incident was captured on video by some of the residents of Sandal Kalan village. The incident took place on April 9.While some Muslims were offering namaz at the mosque, as they do every year during Ramzan, some youth entered the mosque and beat up the namazis with sticks.  Previously, in the year 2022, a video showing a man allegedly offering namaz at a shopping complex in Meerut surfaced on social media, prompting police to launch an investigation.

The incident which took place at Hapur railway station, of recording a Muslim man and then voicing objections, is not unusual. Since there has been a spate of cases of Muslims being arrested for praying in public, there is a good chance that the police will begin their investigation into who the individual in the video is and arrest him. It is critical to emphasise that praying in public is not a criminal offense, uncles, unless there is a specific intent to cause discord among groups, which is not evident in these cases. Furthermore, several acts of public worship take place every day, and state authorities do not intervene. As a result, targeting only specific religious acts is discriminatory.

Article 25(1) of the Constitution also guarantees the freedom to “profess, practice, and propagate religion.” This right can only be regulated on the basis of public order, morality, health, and other provisions in the Constitution’s fundamental rights chapter.  None of these grounds could be used against the Muslim man who was praying peacefully here. It is critical to understand that being criminalized for offering namaz on public land is about more than just the act itself; it is about those in power attempting to ‘invisibilise and erase’ a religious minority community by allowing ‘vigilante groups’ to run amok on designated prayer spots.

Since ancient times, India has celebrated religious tolerance and co-existence. There will be no unlearning of the fact that Indian independence is rooted in diversity and plurality. Thus, the first question that should arise in our minds is why a certain religious act bothers us in a secular country. This means that the foundation pillar of our secularism, as enshrined in our constitution, is being tampered with. It is not the time to be silent.

In India, religious celebrations have always been public, even loud. Thus, it is deeply concerning that one community is being singled out, being heckled and attacked despite the fact that they are not causing any particular inconvenience to anyone. It must be emphasised that minorities are not the only ones who are being silenced today. Journalists, activists, and academics face UAPA and other draconian charges for reporting on or criticizing government policies.

We are not yet a Hindu state, at least not on paper. It is important to remember that our Constitution promotes secular essence, something which is intertwined with the democratic nature of our country. So, if the festivities of Durga Puja, the celebration of Kali Puja, the dance of Ganesh Puja, and countless Hindu festivals can be celebrated on streets with conch shells, drums, and bhajans until the wee hours of the morning, and it is assumed that no one does or can take offence, then the same rights and understanding exist for individuals from other religions too. This is what India stands for, and what India is all about.

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Hindutva vigilante mobs, are perhaps celebrating that the Gurugram administration has ‘listened’ to them and withdrawn the permission to offer namaz at eight public sites. The administration has cited “objection from local residents and resident welfare associations” as the reason for doing so.

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Sohail Masood had shared the experience at a meeting organised by Centre for Study of Society and Secularism, Mumbai on Monday

[Commenting on the practices adapted by Lokhandwala Masjid management, Maulana Mohammad Iqbal Madani of Jamia Mohammadia Mansoora said there is no harm in offering Namaz in more than one batch owing to lack of space. (Representative Image: Pixabay)]

Mumbai: In a move to douse the controversy over Namaz being offered on roads, the Muslims in Lokhandwala area of Mumbai’s Andheri are offering Salah – the Muslim prayers, in 2-3 batches if there are more people gathered for the purpose.

“We are doing this since last 6-7 years. Whenever there are more people gathered for Namaz, especially during the month of Ramadan, we offer prayers in 2-3 batches instead of occupying roads for the purpose”, Sohail Masood of Lokhandwala Masjid said while talking to ummid.com.

“Lokhandwala Masjid is located in a market area and offering Namaz on roads would cause inconvenience to the people. It is hence we have decided not to offer Namaz on roads”, Sohail Masood, former employee of Air India who runs an NGO Dhai Akshar headed by his wife, said. The trust works for education and social upliftment of street children.

In yet another important decision taken by the mosque management, they do not use loudspeakers to relay Azaan – call to prayers.

“Ever since the establishment of the mosque, we decided that loudspeakers will not be used to relay Azaan”, he said.

“Eevrybody knows the Salah time table. In fact, people gather much before the scheduled time and offer Namaz in the mosque”, Sohail Masood said.

Sohail Masood had shared this experience at a meeting organised by Centre for Study of Society and Secularism, Mumbai on Monday. Muslim and non-Muslim intellectuals gathered under the platform “Indian Muslims for Democracy” hoped the Lokhandwala Masjid experience is repeated in other parts if possible. Centre for Study of Society and Secularism was founded by Asghar Ali Engineer and is currently being managed by his son Irfan Engineer.

Offering Namaz on roads has been a contentious issue in India and has escalated tension in some parts of the country ever since the BJP came to power in New Delhi and other states. Questions have also been raised over use of loudspeakers to relay Azaan.

Amidst the raging controversy over the matter, Maulana Khalid Rashid Firangi Mahali, a member of the All India Muslim Personal Law Board (AIMPLB), had on Monday said that prayers should not be offered by causing inconvenience to anyone.

“Namaaz is prayer before Allah. It is not right to offer prayers by causing inconvenience to anyone”, Firangi Mahali said but added that namaaz on roads was not a daily affair and happened only on Friday due to the rush.

“In some mosques, when there is no space left for people, they offer prayers on the road on Friday. But if anyone has any objection to it, then the people should make an extra effort to reach the mosque in time for it,” he said.

The twin move by Lokahnadwala Masjid can work as a guiding example for Muslims in other parts of the country. Commenting on the practices adapted by Lokhandwala Masjid management, Maulana Mohammad Iqbal Madani of Jamia Mohammadia Mansoora said there is no harm in offering Namaz in more than one batch owing to lack of space.

“There is no restrictions in Shariah to offer Namaz in more than one batch if a situation warrants”, he told ummid.com.

“Moreover”, he added, “Offering Namaz on roads, especially when it causes inconvenience to others, is not in line with the Islamic principles.”

“Islam never advises its followers to harm people in any way. Offering Namaz is obligatory and has a huge reward. If someone is offering Namaz by causing harm to others, he is not doing the right thing”, he said.

First published on https://ummid.com/
 

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(File Photo By: Political Mirror)

Need to promote equality and fraternity
The Haryana Chief Minister has said that if some peopled have an objection to offering prayer on roadsides, then this matter must be given a serious consideration. That is fully understandable, but the Waqf properties solely belong to Muslims. They may offer their prayers there and if someone creates trouble against offering Namaz at these properties, then the Chief Minister must simultaneously take action against those who create such disturbance. The Waqf Board has also said that if for facilitating Namaz, it is needed to carry out construction on these properties then the Board is ready even for that.

On the other hand, the Haryana Government has acquired two acres of land of Waqf Board in Chauma Village of Palam Vihar. The High Court has ordered the State Government to provide alternate land to the Waqf Board; that’s yet to be done. Also, Namaz is not offered in the mosques of Vazirabad, Daulatpur, Nasirabad, Dhankot, Meoka and Garhi Harsawar as the local safronites have objection thereto. Additionally, such elements have been creating hindrance in the construction of mosques on the Waqf Board land in Jharsa, Fazilpur, Naurangpur and Meoka.

Remove encroachments from Waqf properties
The Justice Sachar Committee Report has listed those Wakf properties which are the mosques and tombs but are in the control of the Archaeological Survey of India that does not allow Namaz there whereas such a ban is against the law. The purpose of giving a heritage property in the custody of ASI is that it protects and preserves the property, but the level of the ASI’s characteristic neglect is to be seen to be believed. Such Wakf properties under ASI’s control are widely encroached upon and these mosques and tombs are atrociously desecrated.

Periodical joint meetings of ASI and CWC
As per the Justice Sachar Report, the implementation of the Ancient Monuments and Archaeological Sites and Remains (AMASR) Act, 1958 has often been at cross purposes with the Waqf Act. There are innumerable cases where a Waqf property, despite being a place of worship or otherwise deserving religious reverence, cannot be touched by the Waqf Board because it is declared as a ‘protected monument’. Given the pathetic state of a large number of such Waqf properties under the control of the ASI, it would only be proper if their lists are annually reviewed and their condition is assessed in a joint meeting of senior officers of the ASI with the representatives of the Central Wakf Council. The minutes should be signed by both the parties, copies should be preserved by both of them as well as the ministries concerned.

The purpose of this Sachar recommendation was that those Waqf properties which the ASI cannot handle well should be given back under the control of the Waqf Board concerned. After the submission of the Sachar Report, two or three such did occur during 2007-08 but no substantial discussion is reflected from the minutes and thereafter the meetings were discontinued.

Raise the CWC Secretary’s rank to Joint Secretary to Govt of India
In this regard, it is important to note that due to the non-implementation of another vital recommendation of Sachar Committee the Waqf management has been suffering adversity. Para-4.1 on page-29 of the Report reads: “The Secretary of the Central Wakf Council should be an officer of the rank of at least Joint Secretary to Government of India so that meaningful and effective communication and interaction with government authorities is facilitated. In order to be effective, this officer must have a good knowledge of Wakf matters, Muslim scriptures and proficiency in Urdu.”

Here it is imperative to understand that there is a chain of Civil Services in the country and at every level, more than 90% of the country’s governance is handled by these high-ranking officers. If one Muslim officer of this bureaucracy is appointed as the Secretary of Wakf Council then the Central and State governments, as well as district collectors, will naturally hold him in high esteem, preempting inequity and dissipating impediments. Otherwise, the CWC Secretary (currently with no defined status in the Government hierarchy) does not command a level playing field vis a vis either the central and provincial ministries/departments/agencies or the district administration.

On the other hand, according to the UP provincial law, four Principal Secretaries, Director of Cultural Affairs, Divisional Commissioner of Varanasi and District Magistrate jointly manage the Kashi Vishwanath Temple. If any of them is not Hindu s/he would be replaced by the next in command. For the Hindu religious institutions of Karnataka, all the responsibility rests with a specially appointed Commissioner who, under section 3 & 7 of the provincial statute, must be an IAS officer professing Hindu faith.

Under sections 3 & 4 of the related law of Andhra Pradesh, only that person can be the Commissioner who has served as a District Collector and is Hindu. Under Section 9 & 10 of the Tamil Nadu statute, the officer concerned must have served as a member of the higher judiciary and should be Hindu. Under section 8(c) of the law in Kerala only that Hindu can be the Commissioner of Malabar Devaswam Board whose rank is not less than a Joint Secretary in the State Government.

Similarly, if the rank of the Secretary of the Central Waqf Council would have been raised to be at least Joint Secretary to the Government of India, then the impugned meetings with the Archeological Survey of India would not have been discontinued and at each meeting the CWC would have had the upper hand, the minutes of those meetings would have been written at higher governmental level of the Council and the latter would have made it sure that the decisions are taken and implemented in letter and spirit. On the same pattern, the remaining Waqf work in the whole country would also be better monitored. The Minister for Minority Affairs would do well to give his kind attention in this regard.

Appoint Working Chairman of CWC – Give him MoS rank
Besides, the Chairman of the Central Wakf Council is, ex officio, the minister himself and obviously, he does not have eight hours daily to look after the CWC work. Therefore, if he appoints one senior member of the Council (as per the Sachar Committee a former high court judge is preferable) as the full-time Working President of CWC and he is given MoS rank, then the Waqf management in India would get streamlined.

The role of the community
Simultaneously, the community would have to be proactive; it should persevere to restore the control to the Waqf Board in respect of those Waqf properties (a) whose upkeep is neglected by the ASI and (b) other umpteen properties under different kinds of encroachment. In Karnataka, a selfless civil contractor has got freed dozens of hitherto encroached Waqf properties and Namaz has been re-started there.

Central Government should vacate Delhi Waqf land
In Delhi, on 25 February 2017, the Land & Development Officer of the Union Ministry of Urban Development has allotted 2.33 acres (two plots) of Waqf land adjacent to the CGO complex to the Home Ministry for an amount of Rs 49,06,000 and handed over possession on 22 March 2017 for the construction of the offices, barracks, canteen and parking for the Central Reserve Police Force. The allotment order envisages that the CRPF will fight the ongoing civil case no. 397 of 2011 – Sri Habibur Rahman versus Union of India regarding the mosque and graves originally embedded in that plot. The allotment order also stipulates that another piece of adjoining land can be allotted to CRPF for which it will have to submit a separate application.

Thereafter, on 29 July 2017 the Delhi Waqf Board submitted a complaint to the SHO, Nizamuddin Police Station informing that the above-mentioned plots of land are notified in the Delhi Government Gazette dated 31 December 1970 as Graveyard and Lal Masjid under Khasra No. 360 and 361. It also complained that some government officers are trying to trespass the impugned Waqf property and they should be stopped. Copy of this complaint was endorsed to the Sub Divisional Magistrate, Defence Colony, Purani Gargi College Building, Lajpat Nagar IV and to the Deputy Police Commissioner, Sarita Vihar. The people of Delhi must get this land freed from illegal encroachment by the Government.

The author is President, Zakat Foundation of India

Courtesy: Two Circles

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The memorandum also called for the administration to protect namaz reading at existing locations. In the meeting, the citizens highlighted that inadequate number of mosques and the Muslim community’s trepidation. Suresh said the administration would be more watchful and firm on those causing trouble. He appealed to Muslims for restraint, and said that those suspected of causing trouble were being identified and informed regarding freedom of religion laws. Currently, there are reportedly 22 mosques and around 106 open spaces in Gurugram where namaz is offered.
 
Haryana CM adds fuel to fire
On May 6, Haryana Chief Minister Manohar Lal Khattar stirred up a hornet’s nest by saying “namaz should be read in a masjid or an idgah, and if short of space they (Muslims) should read it in their private spaces.” Khattar added that there was “no problem if there is no objection from the public, but if a group or a person objects, one has to take note.” He claimed that “incidents of namaz being offered in the open have increased”.
 
His remarks came in wake of Hindutva groups disrupting namaz prayers in Gurugram (Gurgaon) on Friday, May 4, which in turn followed the disruption of prayers in Gurugram’s Sector 53 on April 20. Khattar’s comment was therefore viewed as having been made in support of these attempts to prevent minorities from practicing their religion. Khattar later clarified that he hadn’t “spoken about stopping anyone. Maintaining law and order is the duty of the police and the administration”. 
 
What happened on May 4
By 1.30pm on May 4, members of the Sanyukt Hindu Sangharsh Samiti said they had stopped namaz from being held in ten open areas. The Samiti is an umbrella group that includes local chapters of 12 Hindutva groups, such as the Vishwa Hindu Parishad (VHP), the Bajrang Dal, the Akhil Bharatiya Hindu Kranti Dal, and the Hindu Jagran Manch, according to its members. 
 
Rajeev Mittal, the Akhil Bharatiya Hindu Kranti Dal’s national coordinator, told Scroll, “Muslims have to take permission of the administration to pray in open spaces,” adding, “Members of Sanyukt Hindu Sangharsh Samiti have today [Friday] interfered in 10 cases where Muslims were found preparing before the namaaz. We did not let that happen. But no law and order issues were reported. Our demand was clear – get permission from the authorities.” The Bajrang Dal’s district president, Abhishek Gaur told Scroll that his group’s members were “looking out for open space namaaz today and they have been asked to stop the Muslims whenever they spot any without getting into any law and order trouble.” 
 
Wajid Khan, head of the Nehru Yuva Sangathan Welfare Society Charitable Trust told the Indian Express that the police had asked the faithful not to read namaz at 34 places in a meeting on the previous day, and that they agreed to stop prayers at three places–”the plot in Sector 53, at Sikanderpur and Atul Kataria Chowk, where namaz gatherings cause traffic congestion”. However, Hindu group members stopped namaz at three places near Gurugram’s Cyber Park, a plot near Sahara Mall, and another place near IFFCO Chowk. Khan claimed, “At the spot near Sahara Mall, first the police did not let us offer namaz. When we finally reached an understanding with them, a group of men came and told us to leave. When a man tried to take a photo, they grabbed his phone and broke it,” adding, “Even at IFFCO Chowk, they chanted slogans and asked us to leave.” 
 
Ravinder Kumar, PRO, Gurgaon Police, said, “We had directed all station house officers to deploy police personnel at certain spots to ensure there was no breach of law and order. We have not received any complaints so far”. In a seeming contradiction, Deputy Commissioner Vinay Pratap Singh said, “Adequate security arrangements were made at all spots. Attempts to disrupt prayers were handled effectively by the administration.” 
 
Following this incident, the district administration has ordered the securing of public land where namaz is read, and asked the Waqf Board to pinpoint areas where it can be offered. 
 
Disruption of prayers on April 20
The disruptions on May 4 came two weeks after namaz prayers were disrupted in Gurugram’s Sector 53 on April 20, where several hundred Muslim men had congregated to observe namaz in a field that is owned by Haryana’s government. Hindu villagers from nearby Kanhai and Wazirabad interrupted the prayers with chants of “Jai Sri Ram”. A video of this was uploaded to social media. Six people were arrested for hurting religious sentiments, and then later released on bail. A notice has now been put up at this plot, saying the land “has been acquired by HUDA,” the Haryana Urban Development Authority. 
 
On Monday, April 30, multiple groups, under the aegis of the Sanyukt Hindu Sanghar Samiti, held a protest in Gurugram, demanding that the case against these six people be dropped. The demonstrators submitted a letter, addressed to the Haryana CM, to Deputy Commissioner Vinay Pratap Singh. The letter, obtained by the Indian Express, alleged, “For the last one-and-a-half months, a group of men have been reading namaz on the land of Wazirabad, Gurugram, with the intention of occupying it illegally. The environment there is being ruined by chanting slogans of ‘Pakistan zindabad’ and “Hindustan murdabad’”. It added, “When some patriotic youth stopped them from doing this, police conducted a one-sided investigation. Does chanting ‘Vande Matram’ and ‘Jai Shri Ram’ come in the ambit of offence that the youth were arrested?” The letter also stated that “Rohingyas and Bangladeshis residing in Gurugram should also be identified and marked. Permission should not be given to read namaz in Hindu colonies, sectors and neighbourhoods. Permission should only be given in those places where the strength of this population is more than 50 per cent, otherwise there will continue to be a possibility of peace being obstructed.” 
 
Gurugram Shiv Sena president Gautam Saini told Newsclick, “Crimes against women are on the rise across the country, and it is difficult to establish the identity of these men offering namaz in large numbers, near the village every Friday. It is not known whether they are Rohingyas, Bangladeshis or Mewatis. It is a potential threat to the girls and women of the village.” 
 
Those who have been coming to the area to observe read namaz for the past ten years refuted the letter’s claims. The above mentioned Wajid Khan, a complainant in the case, had then told the Indian Express, “We don’t even talk to each other when reading the namaz; chanting slogans is out of the question. These are just false allegations”.

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