By A. Faizur Rahman
The importance of mosques in Islam has come into focus again. During the hearing of the Babri Masjid case, advocate Rajeev Dhavan asked the Supreme Court to reconsider its judgment in Ismail Faruqui v. Union Of India (1994). The Bench in that case had ruled by a majority that a mosque is not essential to Islam, and allowed the Central government to include the 2.77 acres (on which the Babri Masjid once stood) in the 67.7 acres of land to be acquired under the Acquisition of Certain Area at Ayodhya (ACAA) Act, 1993.
Among the court’s arguments to justify the acquisition of Babri Masjid land was that “a mosque is not an essential part of the practice of… Islam and Namaz (prayer) by Muslims can be offered anywhere, even in open.” This conclusion was reached on the belief that “under the Mahomedan Law applicable in India, title to a mosque can be lost by adverse possession”. As proof, the judges cited Section 217 from Mulla’s Principles of Mahomedan Law.
But no such provision exists in Muslim law. Mulla was only citing the view of the Privy Council in Masjid ShahidGanj Mosque v. Shiromani GurdwaraParbandhak (1940), a reading of which shows that it was not ‘Mahomedan law’ but the Indian Limitation Act of 1908 that was invoked to rule that property made waqf for the purposes of a mosque cannot be exempted from the law of adverse possession.
In other words, the Faruqui judgment did not give any evidence from Islamic scriptures to justify its declaration that mosques are not essential to Islam. It thus ignored the “essential practices doctrine” laid down in the landmark The Commissioner, Hindu Religious Endowments, Madras v. Sri LakshmindraThirthaSwamiar of Sri Shirur Mutt (1954), according to which “what constitutes the essential part of a religion is primarily to be ascertained with reference to the doctrines of that religion itself.” This view was elaborated further by the Supreme Court in SrimadPerarulalaEthirajaRamanujaJeeyar Swami v. The State of Tamil Nadu (1972) to accommodate “practices which are regarded by the community as a part of its religion.”
A reading of the Koran and authentic traditions of the Prophet make clear the significance of the mosque in Islam. In fact, the first act of the Prophet after migrating to Medina was to establish a mosque. The Prophet had demonstrated by example that mosques went beyond the ritualism of ‘worship’. They were spiritual, humanitarian and educational centres open to all people irrespective of their social, financial or racial status, or gender, thus emphasising the importance of equality for social progress. The Koran protects this higher purpose from being compromised by listing the qualities of people who are allowed to maintain mosques.
The mosque is so indispensable to Islam that the two most authentic books of hadees, Sahih Bukhari and Sahih Muslim, quote the Prophet as stating: “Prayer in congregation [inside a mosque] is 27 times more meritorious than prayer performed individually.” The significance of this pronouncement can be gauged from another hadees in Sahih Muslim wherein it is recorded that even a blind man was refused Prophetic permission to pray at home and was asked to join the congregation. This, in essence, is the doctrine of Islam on the essentiality of mosques which, by virtue of being a time-honoured belief, is protected as a fundamental right under Articles 25 and 26 of the Constitution. A judicial negation of this doctrine would actually amount to a negation of the right of Muslims to pray in a mosque guaranteed in these Articles. It could also have a profound bearing on the sanctity of all mosques in India.
One fails to understand why the court ventured into theological territory when it could have justified the acquisition of the Babri Masjid land on the strength of the law of limitation alone. The irony is that the apex court thinks Muslims can offer namaz in the open, but when they do, they are prevented by right-wing outfits, as was reported in Gurugram in Haryana in May. Another negative impact of the ruling that namaz can be offered anywhere, which was one of the arguments used to uphold the ACAA Act, is that it denied Muslims, through Section 7 of the Act, the right to pray in the disputed area while placing no such restriction on Hindus.
In the minority judgment, which struck down the entire ACAA Act as unconstitutional, Justices S.P. Bharucha and A.M. Ahmadi flagged Section 7(2) and noted that it “perpetuates the performance of puja on the disputed site. No account is taken of the fact that the structure thereon had been destroyed in a most reprehensible act. The perpetrators of this deed struck not only against a place of worship but at the principles of secularism, democracy and the rule of law…” The judges also said that Article 15 of the Constitution debars the state from discriminating against any citizen on the ground of religion, among other things.
These facts, coupled with the lack of scriptural evidence to prove that the mosque is not an essential part of Islam, lay the groundwork for the Supreme Court to reconsider the Ismail Faruqui verdict at the earliest.
Silence and mayhem go together in India
By Anand K Sahay
There is perhaps nothing more striking about Prime Minister Narendra Modi’s present tenure — which ends in a few months — than its silence on matters where the clear choice of right and wrong, moral versus immoral, ethics or the want of it, and adherence to the Constitution or its negation, has presented itself.
Since a clear endorsement of what society considers bad, wrong, undesirable or lacking in constitutional propriety or probity cannot be a public good, and may cost at election time, remaining quiet is designed as a clever tactic. Its purpose is to offer comfort to wrongdoers (sometimes evildoers) and suspected criminals, thus causing injury to the notion of what’s right, valid and appropriate conduct for an elected government.
That, in turn, amounts to a violation of the compact between the government and the country’s citizens, and causes visible injury to the oath every minister of the government takes at the time of being sworn in.
In the process the state and the government lose their authority. The emperor begins to be seen as being denuded. There may be murmurs of rebellion but the people do not rise in revolt because too much force is ranged on the other side. They would rather bide their time.
Two recent instances come to mind — though several more can be cited — of the regime’s sly silence. Consider first the case of M.J. Akbar in relation to the vigorous #MeToo campaign and the stunning allegations of sexual predation made against him by more than 20 women.
The minister of state for external affairs was eventually forced to resign under the weight of his omissions and commissions in the course of dealing with young women over whom he had authority. But the point here is the reaction of the BJP, the ruling party; the RSS, which holds that party’s moral compass and is its moral arbiter; and more importantly the government, especially Prime Minister Narendra Modi, who made Mr Akbar minister, and external affairs minister Sushma Swaraj under whom he served.
It would be understandable if all the above had remained circumspect and quiet when the minister was overseas on assignment. But BJP and RSS spokesmen, speaking on television, were anything but discreet. They in fact went out of their way to attack the women who had accused Mr Akbar — asking for proof of allegations of sexual misconduct as if these can ever exist (by the very nature of the alleged crime) — and the RSS representatives, in particular, maintaining that India “is not a banana republic and the rule of law exists here”.
In effect, the victims of the minister’s alleged predatory conduct were sought to be demonised and traduced. Those engaging in this sport gave no evidence of appreciating that moral uprightness is a requirement in governance, not legal proof, when confronted with allegations of wrongdoing.
They had obviously not heard of a former Prime Minister, a man called Lal Bahadur Shastri (who had resigned as railway minister in the Nehru Cabinet, accepting constructive responsibility when a train accident occurred).
This may be the RSS’ idea of morality, but the Narendra Modi government should have had its own mind on the matter since, unlike the RSS, the government is a creature of the Constitution.
The Prime Minister was morally duty-bound to give the minister marching orders upon his return to India if only to make the point that a sustained record of alleged crimes against women cannot be tolerated as it robs the government as well as the society of its dignity, and the entire class of women of their very being and soul. But Mr Modi maintained a sphinx-like silence as is his wont, and this encouraged
Mr Akbar to file a case of criminal defamation — pointedly not civil defamation — against the first woman to have raised her finger.
The government’s ear-splitting silence was consistent with its lack of any communication with the public whenever serious crimes against women rocked the country, signifying that the Union government had no sympathy for the females whose bodily integrity had been criminally encroached upon.
Two shameful episodes illustrate this — the Kathua gangrape and murder of an eight-year-old child near Jammu and the subsequent open public defence of the criminals by ministers of the J&K government to the shock of the entire country, with the government at the Centre remaining stoical. The second numbing episode is that of a BJP MLA in Uttar Pradesh, Kuldeep Singh Sengar, raping a minor girl and having her father tortured and murdered at a police station when he went there to lodge a complaint.
The second recent instance of governmental encouragement through the use of silence as tactic concerns RSS supremo Mohan Bhagwat. During his recent three-day outreach programme in New Delhi, the RSS leader declared, in effect, that while the Supreme Court may be adjudicating the Ayodhya title dispute, in reality it was the Temple Construction Committee (of the Hindutva outfits) that would decide the construction of the Ram temple (at the site where the Babri mosque was felled in 1992) — irrespective of the outcome of the court’s labours.
This was nothing if not heaping humiliation on the highest court of the land. But the government just stood and watched in a neutral stance. Perhaps the regime’s thinking is in harmony with the outrageous proposition outlined by the top boss of a dangerous outfit whose mention comes up in “riot after riot” (to recall the title of a book authored by Mr Akbar in his pre-BJP days).
This is not the only serious infraction the RSS leader is guilty of. Just weeks afterward, delivering his Vijayadashami address on October 18, Mr Bhagwat referred to the permitting of the entry of women to the Sabarimala temple (by a recent order of the Supreme Court) in inflammatory and prejudicial terms, choosing to renew his assault on the top court with an emotional pitch to the target audience, doubtless with a view to rabble-rousing.
In the context of the Sabarimala judgment, the man actually said that “repeated and brazen onslaughts” happened to “Hindu society alone”. In a Hindu-majority country, this is a call to arms for the Hindus on a false and hypocritical premise. The call to arms is not against the Supreme Court, not even only against the traditionally targeted minorities, but on the Constitution itself. Once again, the government answered the challenge with silence.
It is time to ponder if the leader of the RSS would have thought it prudent to speak in this manner and idiom if he didn’t have under his command a trained paramilitary-style volunteer force, which receives the benign attention of the government. It’s also worth wondering what’s left of the sheen of the government and the majesty of the law. Big trouble lies ahead. We may as well brace for it.
The truth of BJP victory in Kashmir
By Rahiba R. Parveen
The Bharatiya Janata Party (BJP) has claimed victory in the urban local body elections in Jammu and Kashmir.
Even Prime Minister Narendra Modi hailed the “stupendous effort” of the party.
“I salute the entire team of @BJP4JnK for their stupendous efforts in the local body elections. I am glad that they reached out to every section of society and explained the Party’s development agenda,” he tweeted.
Both are factually correct. After all, the BJP did win 100 of the 624 wards in the Kashmir region — its best performance ever — and will head six municipal bodies.
It won over 212 of the 520 wards in Jammu, a notable feat in view of the anti-incumbency of the last four years.
However, there’s a subtext to the BJP’s big achievement.
Of the 100 seats that it won in Kashmir, the party had no opponent in 76. In at least two seats, even the party’s own candidate stayed away from the polling booth.
That’s not all.
Of the 157 wards won by the Congress, 78 were uncontested. Independents won 178 wards, of which 75 witnessed no contest.
Of the 624 wards in Kashmir, as many as 185 wards still remain vacant in the absence of any candidate willing to contest. A significant 231 saw a single candidate, while just 208 witnessed a contest.
In Nawakadal, for example, BJP’s Arif Majeed Pampoori got 27 of the 45 votes polled, while the total number of voters registered for this ward are 5,372.
In Karan Nagar, Ashok Kabul (BJP) won by 73 votes of 144 polled. All 73 votes were cast by migrants.
Another victory for BJP was in Bagh-e-Mehtab, where Bashir Ahmed Mir secured eight votes of the nine polled. This ward has 5,118 electors.
Nazir Ahmed Gilkar from Basant Bagh won 77 votes of 133 polled; there are 13,748 electors in this ward.
Farooq Ahmad Khan alias Saifullah (BJP) lost to Nakul Matto in Tankipora (ward 33). A former militant, Khan could only get four votes. Of the four votes, three were cast by migrants.
In four militancy-hit districts of south Kashmir, BJP won 58 wards. Around 34 winners in these wards are non-Muslims. In the Anantnag municipal committee, the BJP secured 29 of 132 wards. In Shopian, of the 17 wards, it won 12. In Kulgam, of the 47 wards, the party won eight. In the Pulwama municipal committee, of the 69 wards, the BJP won nine.
The Congress won 50 seats in Anantnag against the BJP’s 29. The grand old party won 16 wards in the Srinagar Municipal Corporation, while independents, including former National Conference spokesperson Junaid Azim Mattu, won 49 of the 66 wards.
In its stronghold Jammu, the BJP fared on expected lines. It won 13 urban local bodies, including the Jammu Municipal Corporation, and emerged as the single-largest party in eight others. The Congress managed to win just three committees.
Of the 37 urban local bodies, the BJP won in 212 wards while Congress won just 110 wards, with the number two spot going to independents — 185 wards.
For the opposition Congress, the loss of face in Jammu, what with the BJP facing huge anti-incumbency, would be worrisome, observers said.
The saving grace for the Congress was that it won all 13 seats of the Ladakh Autonomous Hill Development Council (LAHDC), Leh and five of 13 seats in Kargil. The BJP won the Ladakh Lok Sabha seat in 2014.
With the worst-ever polling percentage in the Kashmir Valley, the elections were always going to attract questions.
Adding to the controversy was the claim by governor Satya Pal Malik that a foreign-educated person would be the next mayor of Srinagar. That person, it now seems clear, will be Junaid Mattu. Immediately after the results were announced, separatist-turned-politician and People’s Conference leader Sajjad Lone nominated Mattu as his party’s mayoral candidate.
“Congratulations to PC Mayoral Candidate @Junaid_Mattu and the victorious candidates from PC for heralding a new change in Srinagar and thanks to Irfan Ansari and all my senior colleagues for his successful campaign management during the ULB elections,” Lone tweeted.
Governor Malik, who’s currently in charge of the state’s administration, said his government had managed to conduct “successful” elections under immense pressure.
“A biased person will count the percentage. My assessment of the election is everyone — both the mainstream parties, small parties, Hurriyat and terrorists — all of them opposed this election, but people still came (to vote),” Malik told ThePrint.
“In 2002 as well, the percentage was as low as it was (this time). So that way, I see no reason to feel very good or exalted. But yes, the basic thing which we should take note of is that entire election was violence-free. Not even a bird was harmed. In other elections — parliamentary and assembly — nine people died.
“We held these elections successfully. We could thwart the threats we (the administration) and the voters were given, and fight it out.”
TRANQUILITY OF PRESENT GENERATION: LOST LOVE AND CARE
By SEHRISH SHAFI
Tranquility is a state of physical ease that has several dimensions. In this digital world every work is carried out by artificial machines like robots, mixers, washing machines etc. Our life is has been made very easy with these artificial machines and our lives have become dependent on these machines. Before a decade people were served by the food that was cooked on firepot, (Daan in Kashmiri) and it was having the best taste. Nowadays, we cook food in rice cookers and on electric heaters that has some dangerous aspects associated with these electronic gadgets and some of the diseases and risks have been related with the use of these gadgets.
In olden days people were busy in their work which they were doing manually, like washing clothes by hands, cooking food on fire pots, going one place to another by foot etc., thereby consuming less resources, that was having double benefits like keeping environment free from pollutants and those who were doing manual labor remained always fit and healthy. Their minds were also busy with their work with limited wants. They always feel themselves in a relaxed and comfort zone. Currently, humans are full of desires and wishes. They make themselves busy with different types of modern electronic gadgets. People want to do things with more and more comfort.
Those muddy and wooden houses with joint families, listening the folklores of our ancestors were full of love and affection. The joint meals, the sharing of happy and sad moments, the visit of neighbors and relatives, the harmony of villages, the celebrations of festivals all are missing from the present generation, and the credit goes to mobile phones. The irony is that if a daughter or a son wants to share something with their parents they can’t as their parents are either busy in offices or in parties or with mobile phones. This has made life of present generation very strained, full of anger, disloyalty etc. We have left that comfort or placidity in the houses of mud, where all family members lived together with love and reminding us the culture that was prevalent in valley before few decades.
Everyone in this digital world wants the comfort zone and in every nook and corner people searches the calmness and peace. The digital world has transformed almost every aspect of our life. No doubt present generation is having unlimited facilities still they are lacking the love and care. The artificial technologies will not provide them the care and love which they are of basic need. If we want to build a house, it must have a strong base and if the base is weak the house may fall at any time. So, is the case of present generation our base is so weak that we can fall at any level where it is difficult to recover and in teenage we need proper guidance and care from our parents or our elders that will have direct impact on our bright future and improper guidance or no guidance may make our future bleak.
Therefore, parents and elders have a role in shaping our future towards a better and happy life. They have to think, they have to ponder.
(The author is B. Sc I year student at Govt degree college Bijbehara)
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