Possibility of Political Alliance with BJP

I - Letter to Minister of Defence, 12 De., 2005

We are surprised by the statements of your colleague Shri Subrata Mukherjee followed by that of Shri P.R. Dasmunshi on possibility of electoral alliance with the BJP in West Bengal.

You may kindly recall that the Muslim voters of West Bengal immediately ditched Mamata Banerjee and switched back to the Left Front when she began openly collaborating with the BJP. So the anti-Left vote in the Muslim community shall not support any alliance with Trinamool as part of NDA or with BJP.

Secondly, an anti-left front in West Bengal as proposed by Priya Ranjanji does not have any priority from the national perspective. Why hammer the Left when the UPA Government depends on their support and is working closely with it? The Congress may of course revise its strategy when the next General Election takes place.

In W. Bengal, the Congress should try to consolidate opposition minus the BJP by offering generous terms to all possible partners. BJP will then stand marginalized in Assembly.

II - Reply from Minister of Defence, 28 Dec., 2005

No Hereditary Imamat in Islam

Letter to Delhi Wakf Board, 13 October, 2005

It has been stated in a section of the press that the Imam of the Jama Masjid has to come from the Bukhari family. Since there is no succession for Imamat in Islam, the only other basis could be a declaration of intent by the builder of the Jama Masjid – Emperor Shah Jahan. Is the Delhi Wakf Board aware of any such Firman of the Emperor?

Secondly, Imamat and management are two separate responsibilities. In the Moghal period, all Aukaf, including all Masjids, were managed by a department of the imperial government through the Mutawallis.

So when the British took Delhi, the management passed in their hands. But who were the Mutawallis during 1857-1947? Then come a Majlis-e-Aukaf. But was there a separate managing committee or a Mutawalli for the Jama Masjid.

We suggest that before the Board decides Mr. Ahmed Bukhari’s request for confirmation as Imam and/or appoints a Managing Committee, it should clarify these ambiguous aspects. The Board may decide that as a unique institution, the Jama Masjid shall be managed directly by itself with the Imam performing his religious functions only.

Demolition of All Post-1911 Structures

Letter to Arshad Fahmi, 20 October, 2005

With reference to your petition of 17 September, 2005 to the Delhi High Court on demolition of unauthorized structures within the campus of the Jama Masjid and the relevant parts of the Court’s Order of 21 September, 2005.

In my view, you should file another petition, attaching a map which shows the location of all structures named by you in your affidavit.

The petition should also assert that there is no dispute about the Wakf character of the land on which these structures stand. Though the DDA may have built some of the structures in compliance with the wishes of the Bukharis, it had no legal authority to do so without the approval of the Delhi Wakf Board which the latter has denied. So the DDA and the DWB are engaging in a shadow play and are shifting the responsibility of demolition from one to the other, presumably to please the Bukharis.

Under the terms of the Order of the Hon’ble High Court dated 21.9.2005 to restore the Jama Masjid to its pristine glory, all accretions and additions, even if constructed by the DDA, with or without the approval of the DWB, at least since 15 August, 1947, must be demolished. Such demolition would be in accordance with the Religious Places (Special Provision) Act, 1991.

Your petition should ask for a direction to the MCD and the Revenue Department of the Government of the Capital Territory of Delhi to submit to the Hon’ble Court the property map of the Jama Masjid and its environment as found in the survey immediately after the restoration of the Jama Masjid to the Muslim community after 1857 perhaps in 1862. Since a Masjid and the land appurtenant thereto are wakf by user and since wakf property cannot be alienated, all such land within the campus of the Masjid particularly to its north should be restored by the MCD and the DDA to the Delhi Wakf Board (as its de facto Mutawalli). And the DDA/DWB should be directed not to enter into a deal with the Bukharis, severally or jointly, to exempt these unlawful structures from demolition to enable the latter to continue their illegal occupation and use.

Regarding the rendition of accounts, you should refer to the amount collected by the Bukhari family in the name of the Masjid through the so-called Jama Masjid Foundation Trust and the Hon’ble Court may be requested to revise the order to the Bukhari family to render account of the Masjid income to include all money received or collected in the name of, or by, the so-called Jama Masjid Foundation or Jama Masjid Foundation Trust.

Composition of Mg. Committee of Jama Masjid

Letter to Delhi Wakf Board, 22 November, 2005

I am glad to know that Shri Ahmed Bukhari has submitted the accounts of the Masjid to the Board. Howsoever incomplete or erroneous the accounts might be, the submission has a symbolic value in that he accepts the status of the Board as the Mutawalli and of himself as an employee of the Board.

I wonder if he has submitted the account of the Jama Masjid Foundation Trust, which was floated by the Bukharis to collect donations for the upkeep of the Masjid.

Mr. Waziri submitted the 1911 map of the Jama Masjid area. That should help determine and demarcate the boundaries of the Jama Masjid under the British Raj. But at least this map clearly completely nullifies any claim by the DDA or the MCD on the land inside the northern and western boundary wall of the Jama Masjid. So if the Board has not granted permission to anyone to make any construction on this area, any construction by DDA or the Bukharis is illegal and it has to be demolished ‘if the pristine glory of the Masjid is to be restored’.

Now the Bukharis will press for the constitution of the Managing Committee of their choice. This must be resisted except that the pro-tem Imam should be a member. I need not repeat what I have already written on what the composition should be.

Appointment of Ahmad Bukhari as Imam

Letter to Delhi Wakf Board, 13 Dec., 2005

It had been reported that the application of Mr. Syed Abdullah Bukhari to the Board for the appointment/confirmation of his son Syed Ahmad Bukhari had been pending for 5 years.  In the meantime, the Delhi High Court asked him to submit the accounts of the Jama Masjid for the last 20 years, since, as Naib Imam, he was officiating  for his father.

It is our view that until he clears the accounts of the Jama Masjid to the satisfaction of the High Court, including the accounts of the private and illegal Trust/Foundation he established in the name of the Jama Masjid, his appointment should not be formalized.

It has now been reported that the Wakf Board has decided to recognize his appointment by his father as the Imam.

It has been brought to our notice that  ever since he took charge as Imam, Mr. Ahmad Bukhari has not been regularly performing his principal duty of leading the congregation five times a day.  It is said that he serves only 2 congregations and that, in his absence, an unauthorized person perform the duty.

Mr. Syed Ahmad Bukhari has no religious qualification whatsoever to be the Imam of the biggest Masjid in the country.

The post of Imam is not hereditary in Islam and the Imam of a Masjid, in any case, is to be appointed by the Mutawalli, in the case, the Board, in consultation with the ‘Mugtadi’ i.e. those who regularly perform congregational prayer in that Masjid.

In view of the above before he is confirmed, he should be advised to file an affidavit with the Board on whether since he began officiating as Imam, he has been leading the Namaz regularly 5 times a day and whether he proposes to lead all 5 prayers except when he is sick or out of station with the permission of the Board.  He may also be asked to keep a record of his performance in future, date-wise/Namaz-wise.  The Board should defer a formal communication until it is satisfied about his performance.

We would be grateful if you would kindly acknowledge this letter.

Review of Supreme Court Judgement of 1993

On Payment of Imams’ Salaries by Wakf Boards

I suggest that the Wakf Board should file an appeal against the 2-Judge Bench decision on the grounds that

1.   It is misconceived and ignores the basic principle of financial administrative of income of Wakf properties: that the income from one Wakf estate cannot be transferred to another wakf estate. Nor to the Board, except to the extent allowed by Wakf Act, 1995, which the Board can use it for meeting its own working expenditure or for charitable purposes.

2.   Except in Delhi and Punjab (Haryana, HP and Chandigarh) all Wakfs have their own Mutawallis. The Delhi and Punjab Wakf Boards are themselves Mutawallis of all Masjids abandoned by Muslims and administer all wakf properties attached to the Masjids. So they may have potential sources of higher income and be in a position to give special grants to all Masjids for their management, including the honoraria paid to religious functionaries. This cannot be universalized.

3.   Moreover, Imams and Muezzins are chosen by the congregation and the management fixes the honoraria, depending upon duration of duty, facilities like accommodation, financial capacity of the Wakf properties attached to Masjid and voluntary donation in cash or kind from the regular members of its congregation, concessions like utilization of Masjid space for ‘private practice’.

      The relationship of the Imam with the congregation/Mutawalli is not that of employee and employer or servant and master. If there is no direct relationship some Masjids may face a lock-in or a lock-out.

4.   The Wakf Act does not prescribe provision of Imams/Muezzins to Masjids as a duty of the Wakf Board or payment of their honoraria from its own funds.

19 October, 2005

Implementation of SC’s Judgement on Salaries Payable to Imams etc.

Letter to CWC, 27 October, 2005

On 19 May, 1993, the Supreme Court ruled that the Wakf Boards in all States should pay the salaries of the Imams, Muzzeins etc. on par with those paid by the Punjab Wakf Board and directed the Central Government and the Central Wakf Council to prepare a scheme for the future. Subsequently, a Scheme was submitted and approved by the Supreme Court. However, most Wakf Boards pleaded lack of resources to implement the scheme. In February 2003, the Supreme Court directed that individual Imams may take their case to the Wakf Tribunals established under the Wakf Act 1995. The Judgement which, in my view, was totally misconceived, and the Scheme, which was impracticable in most States, have remained largely unimplemented.

I would like to know whether the Central Wakf Council has discussed the status of implementation internally or with the various Wakf Boards to formulate a considered view for submission to the Central Government or the Supreme Court.

Before I raise the matter in the Council, I would like to see the records of the Council on this subject. I would also like to know the extent to which some Wakf Boards have implemented the Scheme and the names of the others which have pleaded their inability to do so.

Need to Seek Review of 1993 Judgement

Letter to Delhi Wakf Board, 19 October, 2005

The Delhi Wakf Board must be facing a financial crisis. I wonder how it can raise funds to pay the Imams and the Muezzins of various Masjids in Delhi under its direct management the salaries at the level fixed by the Supreme Court with arrears since 1993.

I have studied the 1993 Judgement and I think it is misconceived. In any case, it was a judgement by 2 judges who apparently did not know the wakf law under the Shariat or understand the working of the Masjid as an institution.

In my considered view the account of each wakf estate must be kept separately and since all wakf estates do not have the same level of income, their functionaries cannot be paid according to a uniform scale. However, if the Wakf Board succeeds in removing unlawful occupation and commercialises wakf property, attached to a mosque, it may have a surplus income which can be used for paying its functionaries higher remuneration as well as for making special grant for poorly paid Imams/Muezzins of other Masjids.

I wonder whether the Delhi Wakf Board ever considered an appeal against the Supreme Court Judgement to a bigger Bench, instead of taking over a responsibility for all times and setting a wrong precedent for the entire country. It would be worthwhile to explore all legal possibilities of having this judgement revised.

The Union Government’s support to the Imams is known to have been politically motivated. All India Imams Organization President Jamil Ilyasi had persistently cultivated Indira Gandhi, Rajiv Gandhi and Narasimha Rao to have his way.

Reversal of Trifurcation of PWB

Letter to CWC, 20 October, 2005

With reference to our conversation regarding the reversal of the Trifurcation of the Punjab Wakf Board, I request you to updated the print paper and to convene an urgent meeting of the Administrators/Chairmen of the Wakf Boards of Punjab, Haryana, Himachal Pradesh and Chandigarh to discuss the present position and possible lines of action. To this meeting you may kindly invite Mr. Salman Khurshid as well as Mr. K. Rahman Khan and, if you deem it fit, the undersigned.

If the Central Wakf Council has authorized legal action, in my view, time has come to file a petition to the Supreme Court and press the Ministry of Social Justice and Empowerment to review the decision of trifurcation.

Proper Office Accommodation for CWC

Letter to M/Social Justice, 20 October, 2005

I visited the office of the Central Wakf Council in Jamnagar House, New Delhi where I chaired the meeting of the Planning and Advisory Committee.

I was shocked to find that a statutory body in existence for 40 years does not have proper office accommodation.

I do not know whether you have paid a visit. I request you to pay a visit and meet the staff.

The Council has been allotted a piece of land. But the building may take years to be constructed and made functional.

The Central Wakf Council urgently needs adequate office space where it may receive visitors and hold its internal meetings.

I, therefore, request you to write to your colleague the Minister in-charge to allot suitable accommodation for the Central Wakf Council against payment of licence fee in any composite office building of the Central Government.

MPLADS Not for Construction of Masjid etc.

Letter to M/Social Justice, 23 December, 2005

You are reported to have granted Rs. 500,000/- from your MPLADS Fund on 10.4.2005 to Rohtas Kanya Uchya Vidyalaya, Sasaram, (Principal Suman Lata and Director Ramnath Engineer) for the construction of the school building.

The school is in unlawful premises of plot 538 of 25 decimals. This is the site of an old Masjid and Qabristan, shown as such in the 1911-12 Survey Map of village Dharampurwa, Thana Sasaram. However, in 2001 Survey, the same plot has been shown as plot No. 21 of Ward No. 6A of Sasaram Municipality and as Ghair Muzrua Aam.

The Qabristan Suraksha Samiti, Sasaram, has represented to you on 14.12.2005 in this regard and sent me a copy.

The school authorities have plans to build their structure on this plot whose nature and title are disputed.

I have advised the local Muslim community to file a civil proceeding for correcting the 2001 Survey records. But I hasten to request you either to cancel your grant or advise the school to find an alternative piece of land.

RSS Activist as Chairman of  Wakf Board

Letter to INC President, 24 October, 2005

The Rajasthan Wakf Board now has a RSS activist as Chairman Mr. Slawad Khan, who heads Rajasthan unit of ‘My Hindustan’, floated by the RSS, was elected unopposed because the Congress which had 5 out of 11 votes did not put up a candidate. This has caused a dismay among the Muslim community.

I request you to seek an explanation from the State leadership of the party why it failed to counter the RSS-BJP move.

Situation of Muslim Wakf Estates

Letter to John Dayal, 18 December, 2005

Your press statement.

The situation of Muslim Wakf estates is no better.

When the hedge begins to eat the field, what can be done? I think religious authorities and community leaders have to apply strict social control. On the legal plane, this should be tackled as a general rather than Christian or Muslim problem. Are all Christian properties ipso facto trusts?

Restoration of Original Object & Purpose of NCPUL

Letter to Secretary, Ministry of HRD, 27 Oct., 05

The suspension of Dr. Hamidullah Bhat from the Directorship of the National Council for Promotion of Urdu Language (NCPUL) provides an opportunity to restrict the ambit and scope of the NCPUL to its original object and purpose – the promotion of Urdu Language. During the last few years it tended to become the instrument for the execution of Central Government policies on promotion of Arabic and Persian (which should be treated as Classical Languages on par with Pali and Sanskrit), on modernization of Madrasa education and generally on expansion of education among the Muslims.

The NCPUL had appointed a Committee to outline its future course under the late Dr. Rafiq Zakaria which was shown to me at the draft stage. I had made some comments which were perhaps not to the liking of Dr. Bhat. So I never know whether my comments were shown to Dr. Zakaria as I never saw the final report. I do not know what become of it. Now the Government has formed a new Committee. I shall be grateful if you would be kind enough to let me have its terms of reference and its composition.

I would like to place my views before it that the NCPUL should concentrate on Urdu.

Urdu Ignored on Prem Chand’s 125th Anniversary

Letter to President, Sahitya Akademi, 28 Oct., 2005

I thank you for your kind invitation to the International Seminar organized by the Sahitya Akademi to mark the 125th Birth Anniversary of Prem Chand.

I find that the theme of the 4th Session is ‘Prem Chand as an Urdu Writer’. This implies that the rest of the Seminar revolves around Prem Chand as a Hindi writer. This is also apparent from the fact that the invitation card is in Hindi and English and so is all visual publicity. In my understanding Prem Chand wrote in both Urdu and Hindi. Indeed much of his earlier work is originally in Urdu. So, frankly, it is unfair to Urdu that he is projected as basically a Hindi writer.

I was brought up on Prem Chand’s stories and novels and I always thought that he wrote in Hindustani and used either script according to the demand of the publisher/editor.

Sahitya Akademi should endeavour to rejoin the currents of Hindi and Urdu which have slowly but steadily diverged from each other. Prem Chand’s birth anniversary was an occasion for this rapprochement and for the revival of Gandhiji’s idea of Hindi-Urdu-Hindustani. But this idea appears to have been lost.

Urdu Ignored in Jashn-e-Lucknow

Letter to Comm./Linguistic Minorities, 26 Dec., 05

May I draw your attention to the almost total omission of Urdu from the officially sponsored Jashn-e-Lucknow (Festival of Urdu) in the historic cradle of Urdu and in a State which has the largest Urdu-speaking population in the country and has declared Urdu as its Second Official Language?

How can ‘Tehzib’ of Lucknow be complete without Urdu?

This has angered the Urdu population.

We request you to draw the attention of the Government of UP to this unbelievable and unjustifiable omission.

Common Deal for Linguistic Minorities

Letter to Venkaiah Naidu, 22 October, 2005

Sometime back you had proposed declaration of Telugu as Second Language in Tamil Nadu, Karnataka and Orissa. I have always supported in principle that all national languages in Schedule 8 of the Constitution should have the official position of Second Language in the States, or parts thereof, where they constitute a substantial minority language i.e. if the percentage of those who declare a minority language as their Mother Tongue (MT) exceeds 5% of the population in any district or block or Panchayat of the State.

The concessions for minority language should go beyond those specified in the legislations relating to Second Official Language status. Successive National Frameworks for School Curriculum have emphasized the right of a child to receive his primary instruction through the medium of his MT and to acquire proficiency in his MT through the school stage. So, if the population of a linguistic minority exceeds 300 in a village or in an urban ward, the Government should establish a primary school, according to national norm, with the minority language as its medium or make arrangements for parallel classes/teachers in existing government schools to accommodate the minority language. Secondly, at the post-primary level, the minority languages should be taught as First Language under the Three Language Formula, with the Principle Language of the State as the Compulsory Second Language.

As the leader of a national party, I am certain, you shall grant all other similarly situated languages with the same status as Telugu in the three States you have mentioned and extend the principle to all minority languages in all States throughout the country.

Proposal for Urdu Caravan in ‘Urdu’ States

Letter to Anjuman Taraqqui-e-Urdu Hind, 31 Oct., 05

As you are aware, there are states in which the Urdu-speaking population is concentrated. They are UP, Bihar, Jharkhand, A.P., Karnataka and Maharashtra, apart from Delhi, MP and Rajasthan.

To mobilize the Urdu-speaking community and to pursue the State Governments as well as to sensitize the general public on the constitutional rights of the Urdu-speaking minority, particularly in the States, where Urdu has not yet been recognized as the Second or Additional Official Language, it is suggested that the national Urdu organizations, collectively organize a Urdu Caravan which should begin from Delhi and touch Lucknow, Patna, Calcutta, Hyderabad, Bangalore, Mumbai, Bhopal and Jaipur before returning to Delhi. In the states, State Urdu organizations may be mobilized to play host.

For every state, the latest data on Urdu, expected to be released by the Census in December, 2005 can form the basis of formulating demands of the Urdu community. At every stop, a public meeting can be organized by the State-level sponsors alongwith a call on the Governor/Chief Minister and a Press Conference.

As far as possible, the route should touch towns with large Urdu population so that the Caravan may halt there for an hour or so. Further details can be worked out. But first we have to agree on the programme.

I request you to take the initiative and hold a meeting of important Urdu organizations.

False Propaganda about Madrasas

Letter to Minister/HRD, 28 December, 2005

You are aware of the RSS strategy to vilify the Madrasas and to project them as a massive threat to national security. Unfortunately a contribution was made to the furtherance of this communal point of view, perhaps inadvertently, by the National Council for Promotion of Urdu Language. Although there has been no nationwide survey of the Madrasas (as distinct from Maktabs, largely attached to Masjids in every village and mahalla), the UNI issued a Press Release, based on information fed by the NCPUL that there were 500,000 Madrasas in the country with about 50 million students on their rolls. What is interesting is that Urdu Duniya, the official organ of the Council, is its issue of July, 2003, projected these data with supporting arguments, thus giving this piece of misinformation, academic authenticity.

On 9 November, 2004, I raised the issue with the Editor, Urdu Duniya when I found to my horror that these data had been accepted by the academic community all over the world. Then the Editor published a vague apology in Urdu Duniya rather inconspicuously in the issue of January, 2005.

The result is that these misleading figures are still being cited by ‘experts’ on Muslims and Madrasas!

It is suggested that the Ministry of HRD should issue a clarification pointing out that these figures are not authentic and in any case, the NCPUL was not the national body to deal with Madrasa Education.

Use of Urdu in Railways

Letter to Minister for Railways, 31 December, 2005

Some railway stations and their booking offices have their signboards and nameplates in Urdu but many stations situated in districts with more than 20% Urdu-speaking population have been excluded.

We request that the Station Superintendents and Station Masters in all railway stations in districts with 20% or more Urdu-speaking population be instructed by you and directed by the Railway Board to have their signboards/nameplates in Urdu, in addition to Hindi, English and State Language.

List of Constituencies with Electoral Rolls in Urdu

Letter to ECI, 31 December, 2005

We would be grateful to be informed of the Assembly Constituencies/Parliamentary Sectors, State-wise, for which Electoral Rolls are to be published in Urdu, as well.

You may kindly advise us, if this information is available on your web-site.

We would also be grateful for the rationale of selection of these Constituencies/sector.

Bomb Blasts in Delhi Condemned as Barbaric

Statement, 3 November, 2005

“The All India Muslim Majlis-e-Mushawarat (AIMMM) strongly condemns the bomb blasts in Delhi on 29 October, 2005 was designed to terrorize the common people on the eve of Diwali and Eid-ul Fitr, which left 60 dead and nearly 200 injured. The AIMMM regards this act of terrorism as a barbaric manifestation of religious fanaticism, hatred for the Indian people and shocking insensitivity to human suffering.

The AIMMM joins Prime Minister Manmohan Singh to tell the authors of this crime against humanity that the Indian people shall not be defeated by such acts of terrorism.

The AIMMM calls upon the Indian authorities to make all possible effort not only to apprehend the culprits but to expose their connection with the organization which motivated, trained and equipped them to engage in such a crime.  In this context, the AIMMM appreciates the offer of the Government of Pakistan to cooperate fully in the investigation.

The AIMMM also appeals to the people to understand the underlying object of the terrorists which is to ignite the fires of suspicion and hatred in our country, to reject any effort to divide them and to respond to the threat with national unity and communal harmony.

The AIMMM offers its deep sympathy to the next-of-kin of the victims and assures them that the whole nation shares their sense of loss.”

Terrorist Attack in Jordan

I - Letter to Amb. of Jordan, 12 November, 2005

On behalf of the All India Muslim Majlis-e-Mushawarat (AIMMM) I express our deep sorrow at the immense loss of life and property in Bomb blasts in Amman.

We condemn acts of terrorism as inhuman and un-Islamic and consider them as strategically counter-productive.

We offer our sincere condolences to the families of those killed and request Your Excellency to convey our sentiments to your Government.

II - Reply of Amb. of Jordan, 18 November, 2005

Thanks a lot to you and your colleagues for your kind sympathies, towards the innocent Jordanian victims during the bomb blast in Amman. Your kind sentiments are highly appreciated.

Jordan is known to be an island of Peace. We are determined to keep it so.

May God the Almighty, bless you all and your dear ones.

Propaganda on Muslim Violence in Deoband

Letter to S.A.T. Rizvi, 29 October, 2005

I have seen your letter in the Milli Gazette on the Hindustan Times story of 16 October, 2005 on ‘Mob Violence Rocks Deoband’.

I feel that of late Deoband has been a prime target of biased reporting, since the USA linked terrorism in Pakistan and elsewhere with Deobandi Madrasas.

At a first glance, the story appeared to be incredible because 10,000 would mean the entire student body of the two Darul Ulooms there. Also it surprised me that although the catalytic event was universal and not local, there was no reaction elsewhere. Not even Delhi or Lucknow. Thirdly, the police cannot file an FIR against 10,000 individuals except to allege that a mob estimated at 10,000 had staged the demonstration. In addition, you have also pointed out a very crucial aspect that no damage to public property, as generally associated with a mob as reported. I am convinced that the story is baseless or highly exaggerated.

I request that you file a formal complaint with the Press Council of India, Faridkot House, Copernics Marg, New Delhi – 110 001 but first you have to write to the Hindustan Times to ask them to publish a correction.

Retail Terrorism vs Wholesale Terrorism

Letter to K.A. Mallick, 3 November, 2005

Reference your email of 3 November, 2005, reporting Beg’s response.

Real problem lies in that while we are all eager to stand and be counted against retail terrorism by private groups, we are largely silent about wholesale terrorism by States. In my view State terrorism and private terrorism are interlinked. We are particularly reluctant to condemn our own governments for their acts of terrorism or acts of collusion with known terrorist groups, inside the country or abroad, for understandable reasons. And there is no international authority one can appeal to against one’s own government.

Instead of ineffective negative protests, the people of goodwill should press culprit governments for peace and justice – withdrawal from Iraq, vacation of occupied Palestinian territory, freedom for Chechenya and Kosovo, autonomy for South Thailand and South Philippines, settlement of Kashmir problem and respect for minority rights.

No Identification of Terrorism with any Religion

I - Letter to Mike Ghouse, 7 November, 2005

I fully endorse your advice not to suffix or prefix any religion with Terrorism or Fundamentalism. However, I also not have any objection to define a terrorist by his religion or his country like Sunni terrorists in Iraq or Catholic Terrorists in Colombia or Hindu Terrorists in Sri Lanka.

I thank you for bringing Rev. Ben Danial’s article to our notice. Please convey our appreciation to him.

II - Letter to Mike Ghouse, 8 November, 2005

Your email of 7 November, 2005.

I would like to agree with you. But, if the religious affiliation of a terrorist is a fact, whether we use it or not, others will. My suggestion is directed at the others so that they distinguish between Islam and the terrorist who has a Muslim name or commits his act in the name of Islam.

Propaganda on Muslim Terrorism

Letter to PUCL, 26 December, 2005

In December 2005 issue of the PUCL Bulletin you have published an open letter to Muslims from one Mr. S.A. Rehman of Pakistan.

Mr. Rehman’s statements have perhaps been made in the context of Pakistan. Here I do not see ‘most Muslims rejoicing on the brutal killings of the non-combatant innocent civilians’. Nor any murderers being honoured as ‘Great Heroes’. I do not know of any Muslim cleric ‘teaching Muslims to accuse, abuse and kill non-Muslims!’

I do not feel that this unbalanced piece of writing was worthy of publication. The Organiser would have loved to do so.

In any case, I request you to let me know who Mr. S.A. Rehman is or give me his postal/email address.

Casteism in Muslim Community

Letter to The Times of India, 7 October, 2005

Apropos Mr. S. Kader’s analysis of caste infection among the Muslims, caste differentiation among them is largely related to the practice of endogamy. There is no discrimination in social life or religious observances. Even discrimination in marriage is largely due to differences in economic and educational status. With education and employment, this is breaking down, particularly because it has no religious backing. Increasingly the Ashraf and the non-Ashraf are marrying across the traditional boundaries.

All over the country, as soon as a person belonging to a caste moves out of his habitat or acquires education and perhaps a job, he has a new identity and his caste label becomes irrelevant. Caste based stratification is breaking down with education and training and, therefore, with social and economic changes. Then to break the caste barrier, what is essential is education for both boys and girls.

Persons or groups who have the same profession or occupation, have a common occupational identity.

If dalit Muslims are to be included in the definition of the SC, first their population has to be determined. It is minuscule. And the Muslim sub-groups which are occupationally on par with the SC are already listed among the OBC.

Sectarian Violence in Dehra Dun

Letter Syed Farooq, 11 October, 2005

May I draw your attention to the reported clash between Deobandis and Barelvis for the control of a Masjid in Lohiangar, Dehra Dun on 11 September, 2005.

I would be grateful if you would kindly look into the matter and use your influence to bring about reconciliation so that both groups may perform Namaz in the Masjid.

Proposal for Joint Appeal by Muslim Orgns.

Letter to Farhat Ali Usmani, 11 October, 2005

We have not yet been able to organize a meeting of Muslim organizations to discuss the growing inter-sectarian violence in India.

The recent conflict among Deobandis and Barelvis in Dehra Dun for the control of the Masjid in Lohiangar reminded me that this is a live problem.

I have gone through your letter of 11.12.2004. I feel that, if you agree, the All India Muslim Majlis-e-Mushawarat shall invite a limited number of personalities from various sects and organizations for an exchange of views. This group can issue a common appeal for inter-denominational harmony.

I request you to prepare a draft for this appeal.

Admission Policy of Unaided Professional Colleges

Resolution of MMM, 8 October, 2005

The Markazi Majlis-e-Mushawarat

Takes note of the Judgement of the Supreme Court denying the government any quota in admission to unaided professional institutions.

Is of the view that in case the Central Government, by legislation, wish to reintroduce government quota in unaided institutions, including the minority educational institutions, the legislation should also provide equitable quota for Muslims in all aided educational institutions, in order to raise the level of Muslim presence in professional institutions.

Letter to Minister of HRD, 10 October, 2005

.... We strongly urge, while reviewing the question of government quota in unaided educational institutions, to consider provision, by legislation, of an equitable quota for the Muslim community in all aided and non-aided educational institutions because of their poor representation in the field of higher education and particularly in professional education.

Reservation for Muslims in Pvt. Unaided Educational Institutions

Markazi Majlis-e-Amla Resolution, 10 Dec., 2005

The Markazi Majlis-e-Amla

·        Welcomes the exclusion of Minority educational Institutions from the proposed introduction of reservation for SC, ST and OBC’s in the private unaided educational institutions envisaged by the Government.

·        However, it has always been of the view that reservation should cover the Muslim community, as a community, because of all major minorities, it constitutes educationally the most backward, to the total extent of 6.5% in all aided and unaided educational institutions.

Forwarded to Minister/HRD, 10 December, 2005

Reservation in Private Professional Colleges

Letter to PM Manmohan Singh, 24 October, 2005

The press has reported that the Government is planning to introduce a Bill in the coming Session of the Parliament to reserve 25 per cent or more seats in all private professional colleges for backward categories.

The question arises as to how the Backward Classes are to be categorized.

One possibility that may be considered is to reserve seats for those candidates who come from BPL families and possess the minimum qualification. I am suggesting this because I feel that undeserving candidates coming from well-placed, well-educated and well-connected families of the Backward Classes (e.g. dependents of All India and Central Services government servants or MP’s or ex-MP’s or former Ministers) consume the quota. In any case, there should be a common and uniform economic criteria, not the illusory line drawn by various States to define the ‘creamy layer’ which is too high to separate the really deprived from the well-to-do.

If a common quota for the BPL is not acceptable, the total quota should be divided into sub-quotas for SC, ST, OBC (excluding Minorities), High Castes, Muslims and Other Minorities in proportion to their respective national population.

To sum up, either there should be a common quota for the deprived or sub-quotas for different social groups, both based on uniform criteria.

Exclusion of MEI’s from Reservation

Statement, 14 December, 2005

“The AIMMM has taken note of the BJP’s opposition to exclusion of Minority Educational Institutions from reservation for the Backward Classes.

The AIMMM is not surprised by this reflex reaction on the part of the BJP as it is in line with its normal pattern of minority-bashing. It is ironical that on one hand, the BJP has been advising the Muslims to promote their education but when they invest their sparse resources in education it tries its best to limit its possible benefit to the Muslims.

The AIMMM is of the considered view that when any educationally deprived community, including the SC and the MBC’s and the Muslims, establishes an educational institution, it should reap full benefit without suffering any cut through imposition of any reserved quotas. The minorities have a constitutional right to do so, but this exception should be extended to the MBC’s/SC/ST’s as well. However, admission to all such exempted institutions should be monitored to ensure that at least 50% of those admitted do belong to the establishing community and that they do not engage in profiteering.

Alternatively, the AIMMM proposes that if the MEI’s are not to be exempted, the scheme of reservation should include deprived minorities also, apart from SC, ST and OBC’s, across the board, in all private unaided institutions.”

Reservation in Education - Victory for Social Justice

Statement, 22 December, 2005

“The AIMMM welcomes the passage of the Constitution (104th) Amendment Bill, 2005 by the Lok Sabha on 21 December, 2005 and hopefully expects its early passage by the Rajya Sabha and the assent of the President, followed by Central notification bringing it into force.

The AIMMM regards this amendment as a momentous victory for Social Justice as it paves the ground for reservation for the OBC, SC and ST in all educational institutions, government or private, aided or  unaided. The Bill thus takes the Mandal process further towards full implementation of the Mandal Report. The AIMMM expects at least 2/3 of the Muslim population to benefit to some extent and welcomes the exclusion of Minority Educational Institutions and felicitates the Government on successfully marginalizing the communal elements. The exclusion has well-founded rationale. Firstly, there is no general reservation for the minorities yet in the existing schemes of reservation, although the Muslim community, which forms 2/3 of all religious minorities constitutes a Backward Class by any standard or criteria. Secondly, Minorities Educational Institutions (MEI) have been established under Article 30(1) of the Constitution and are meant to enable them to preserve their language and culture and to transmit their religious values to their next generation. Thirdly, the Muslim community despite its economic backwardness is now investing its sparse surplus in education and should be permitted to reap its benefit as fully as possible.

The AIMMM hopes that the reservation scheme under this amendment shall provide a separate sub-quota to Muslims, based on their population and their relative backwardness in education.

Reservation in Muslim Institutions

Letter to Swami Agnivesh, 23 December, 2005

I have seen your article criticizing the exemption of Minority Educational Institutions from the scope of educational reservation for the SC, the ST and the OBC envisaged under the Constitution (104th) Amendment Bill, 2005.

I feel that you do not fully comprehend the object and purpose of Article 30(1) in the Constitution and its limitation. The Constitution does not envisage a separate system of education for minorities or liberate the state from the duty of educating the minorities just as the rest of the people. Therefore, the MEI’s only supplement the educational facilities for minorities and all of them work within the educational system (except religious seminaries). Supplementation is needed also because, at least as far as the Muslim community (2/3 of all religious minorities) is concerned, they are educationally backward and are under-represented, even after 50 years of independence, in the educational stream at all levels and in all categories. It is not the occasion to discuss why this is so. But this is a fact. Muslims are also economically backward. Therefore, they can find very little surplus to invest in education. Of late they have begun to see the importance of education and are establishing new schools, colleges, professional institutions, all over the country. Their case is different from that of the Christians whose institutions are meant to educate others, as much as themselves. This is not so in the case of a deprived and poor community. How can you burden it at this stage with legal responsibility to educate others and thus slow down the process of self-help? This does not argue against a fraternal approach and moral responsibility to share the facility with the others. I have always been in favour of at least 2/3 Muslims in Muslim institutions. I could suggest that they give preference to MBC’s, SC’s and ST’s with minimum qualification. As far as backward Muslims are concerned, there can be no discrimination against them in Muslim institutions. I also hope they get their due share in reservation for OBC’s in other institutions.

We have, therefore, welcomed the exclusion and I attach a copy of our Statement for your perusal. We would welcome reservation in Muslim institutions if all other institutions provide reservation for Muslims.

More when we meet.

Reservation for Muslims in Employment, Legislatures and Education

I - Letter to Mustafa Kamal Sherwani, 14 Oct., 05

Your response to Mr. Alam of 13 October, 2005. Muslims have right only to 4.25% in the Mandal quota. How do you claim 8.5%. I do not regard reservation as ignorable or degrading. Quotas should stay not only for all Backward Classes but extended universally to all social groups in proportion to their population and level of backwardness, subject to enjoyment of the backward families only in each group until there is equality in society.

Muslims, with a population of 13.4%, can in any system of fair selection hope to get 13.4% of the posts. How can they get 33%? What Mr. Arshad Alam misses is the fact that there was a reservation of 50% in AMU for internal students. It had the same motive, to have a majority of Muslims. It failed and at the same time reduced a national university to a regional university and brought down the quality of input. So how does Mr. Alam shout against 50% reservation for Muslim selected nationally, when he never protested against internal quotas?

II - Letter, 24 Oct., 05

Your email of 21 October, 2005. Muslim situation is not comparable to that of SC and ST which have enjoyed reservation in public employment and legislatures from the word go when Muslims lost because of the stupidity of some Muslim MP’s.

There are many reasons for Muslim under-representation in legislatures. Reservation of Muslim concentration Constituencies (above 20-25% Muslims) is only a minor reason in the national perspective. I made a survey and could not find more than a handful. The other technique to divide a Muslim concentration area among several contiguous constituencies is more prevalent. Fresh delimitation has been going on. Despite the joint efforts of All India Muslim Majlis-e-Mushawarat and All India Milli Council, no effort was made by any Muslim NGO at State level to have the constituencies so re-demarcated as to join these divided areas. In any case, even in this category, there are only a few.

I may be wrong. So please correct me by giving me the names of Lok Sabha and Assembly Constituencies in these 2 categories in UP.

III - Letter, 29 December, 2005

Your email of 25 December, 2005. Under Mandal Report, Muslim Sub-communities included in the OBC List are conceptually entitled to 4.2% out of 27%. I agree with you that they cannot get even this benefit unless there is a separate Muslim OBC quota. But that is a different battle.

As for Muslim educational institutions, which have not been formally ‘recognized’ as MEI’s under Article 30(1), there are two courses of action open to them a) they should claim exemption and not make any reservation for OBC/SC/ST; b) they should approach the authorities concerned for recognition as MEI under Article 30(1) and if refused, approach the NCMEI headed by Justice Siddiqui.

Inclusion of Dalit Muslims in SC List

Letter to T.K. Oommen, 3 November, 2005

I understand that some weeks back you organized a Conference of Muslim Backward Class and Muslim Dalit leaders on behalf of the Sachar Committee.

I would be grateful to have a list of active participants and whether any consensus statement was issued by the Conference.

The AIMMM considers that the entire Muslim community constitutes a Backward Class and should have the benefit of reservation in public employment, higher education and, the welfare and development programmes, targeted at individual beneficiaries. This will mean separation of Muslim Sub-communities from the OBC List. However, the AIMMM is also of the view that the Creamy Layer should be more strictly defined with family occupation and income as the criteria and that the first charge on the Muslim quota (or sub-quota) should be Muslim candidates from the sub-communities included in the OBC Lists, on the basis of minimum qualification, and only the unutilized balance should be available for other Muslims in order of merit. However, if any social group, irrespective of religion, is entitled to a minimum sub-quota of 1% on the basis of its population and its comparative backwardness in relation to SC/ST, it should have the option to claim it.

The AIMMM supports in principle the amendment of the Constitutional Order to abolish religious qualification for categorization as SC but sees no benefit for Muslim Dalits in transfer from the OBC List to the SC List.

The AIMMM also considers that there should be no limit on total reservation which will depend on the sum total of sub-quotas for various social groups.

I shall be happy to discuss these ideas with you at your convenience.

Demand for Reservation as a Backward Class

Letter to Jasim Mohammad, 11 November, 2005

Your email of 9 November, 2005 regarding reservation. Reservation is permissible for any social group which is socially and educationally and, therefore, economically backward and is under-represented in public employment. The Muslim community constitutes a distinct social group. If it is found to be backward by a competent authority, it is entitled to reservation. So you should say that Muslims demand reservation not on ground of their religion but on ground of their backwardness. This is a very important distinction.

Introduction of Sub-Quotas for

All Identifiable Sub-Groups

Letter to The Hindu, 15 November, 2005

We appreciate your editorial “Repeat of a Fiasco” (12 November, 2005). Whatever the procedural infirmities in A.P. Government’s presentation of the case, the Muslim community in A.P. constitutes a Backward Class and is, therefore, entitled to reservation in terms of its population and its relative level of backwardness as compared to SC/ST. All reservation has to exclude the creamy layer which should be defined in a manner so as to let in only the candidates from backward families in backward classes.

Muslims are demanding reservation not because they are Muslims but because they are backward. How can anyone deny this?

Also time has come to consider a separate sub-quota for every Backward Class included in a conglomerate like OBC, MBC, SC or ST, which is entitled to 1% on the basis of population and level of backwardness measured by common parameters. Naturally the total will vary from State to State. In this way the so-called 50% limit becomes utterly illogical.

Need for Considered Response to AP HC Judgement

Letter to Bashiruddin Babukhan, 8 Nov., 2005

AP High Court has again quashed the Ordinance/Act for reservation for Muslim community of AP, as a community. I request you for the copies of the Judgements delivered by various judges constituting the 5-Judge Bench as well as the Report of the AP Backward Classes Commission which formed the basis of the reservation and decision.

I would like to set up under the joint auspices of the All India Muslim Majlis-e-Mushawarat and the United Economic Forum a Committee of Legal Experts to review the judgements and advise the Government on the ground work required to challenge them effectively.

This Committee should include yourself as the Chairman. I suggest the names of Prof. Ahmad Ali Khan, Mr. Justice Sardar Ali Khan, Mr. Asaduddin Owaisi, MP and Mr. K.M. Arifuddin as members but you kindly decide the composition.

II - Letter to Jeelani Pairak, 12 November, 2005

Thank you for your letter of 9 November, 2005 and its enclosures. I see that you have been quite active as a member of the AP Official Language Commission.

Reservation will come, Insha’Allah. Because Muslims are a distinct group and that group by any standard or criteria is socially and educationally backward and is under-represented in public employment. We should not give up. I have asked Mr. Bashiruddin Babukhan, who is our Vice-President, to form a Legal Committee to analyze the A.P. High Court Judgement and to send me a copy of the report of the A.P. Backward Classes Commission which was filed in the High Court by the Government.

III- Letter to Bashiruddin Babukhan, 14 Dec., 2005

I have seen the statement of Chief Minister, Andhra Pradesh that his government will file a SLP for quashing the A.P. High Court Judgement on Reservation for Muslims.

I have gone through the Judgement. I feel there is little chance of the Supreme Court passing a favourable order. This will only provide the A.P. Government a political exit.

I think your group has to advise the State Government on how to meet the points raised in the Judgement and set the ball rolling with a more methodical approach as far as assessment of comparative educational and social backwardness is concerned.

Without this ground work, even a third attempt may fail. What was the outcome of the recent Conference in Hyderabad on Reservation?

Fallacies of Pasmanda Mahaz

Letter to PM’s High Level Committee, 11 Nov., 05

Mr. Yoginder Sikand has circulated the Memorandum submitted to you by Mr. Ali Anwar, President of All India Muslim Pasmanda Mahaz. I have carefully gone through it. Much of it relates to measures for economic advancement of various Muslim Backward sub-communities. While we support them, they raise the question why the economic measures be limited to Muslims only and why they should not be extended to all groups or families, irrespective of religion or caste in the same situation. For example, how can there be a separate scheme for Muslim bunkars and not for all bunkars?

However, there are other questions which I hope the Committee will ask Mr. Anwar to clarify:

How does Ali Anwar differentiate between Dalit Muslims and Pasmanda Muslims?

1.   If Dalit Muslims are taken out of the common OBC lists and placed in the SC list, where do they constitute even 10% votes, for a consideration by any political party as a viable candidate against a reserved SC seat.

2.      A separate quota for Pasmanda Muslims will means four-way slicing of the reservation cake for OBC’s, for OBC Hindus Annexure-I, OBC Hindus Annexure-II and Pasmanda Muslims, in Bihar and 3-way in other places? Where is the contradiction between seeking reservation for Muslims as a community, if it is found to be a Backward Class based on uniform parameters and seeking it only for Backward or Dalit Muslims, if there are due provisions to prefer those who come from the OBC/SC families.

3.      If there are backward elements in the Muslim upper caste, their ‘pasmandgi’ should be measured socio-economically and not by caste appellation, with all of them equally subject to an effective line to separate the creamy layer. Indeed Mr. Anwar supports a quota for Muslim forwards.

Quota for Muslim OBCs in MEI’s

Letter to Iqbal A. Ansari, 31 December, 2005

With reference to your article on “Minority Rights and Responsibilities” (The Hindu, 31 December, 2005), it is not clear whether you would like to have reservation for Muslim OBC’s in Muslim MEI’s immediately. Incidentally, presently there is no such category as Muslim Dalits. They are all included in the OBC Lists. Considering that all reservation is subject to minimum qualification or inter se merit, what shall be the modus operandi if enough qualified or meritorious candidate are not available from Muslim OBC’s? Then there should be a quota for OBC Muslims with a separate merit list in many Muslim MEI’s.

We have not come across any cases of meritorious Muslim OBC’s not securing admission in MEI’s. We do not even know what the figures are for, say, the AMU. Has any survey been done to establish the state of representation of Muslim OBC’s among the Muslims on the roll of the University?

I think the time has not yet come to worry about the under-representation of Muslim OBC’s in Muslim MEI’s. Muslims should not divide their energies while they struggle for reservation in public employment and all other educational institutions, for the community, as a whole.

Representation of Muslims in PR Institutions

Letter to M/Panchayati Raj, 22 October, 2005

Thank you for your DO No. 1492M(PR)/VIP/2005 dated 20 October, 2005 regarding under-representation of the Muslim community in the PRI’s in A.P.

We have taken up the question of representation of Muslim community – now recognized as a Backward Class – in the PRI’s with the A.P. Government. We request you to draw the attention of the C.M. to the facts that we have brought to your notice, express your concern and advise him to find a way to improve the representation of Muslim community (specially of Muslim Sub-communities in the State OBC List) in the PRI’s.

You may recall that I had pleaded in the Lok Sabha for reservation for OBC’s and minorities in the PRI’s when the constitutional amendment was being debated. Today, practically in all States, there is a dichotomy between the Constitution and the State laws which invariably provide for reservation for OBC’s. Bihar and UP have gone to the other extreme and have reserved Muslim dominated PRI constituencies for non-Muslim OBC’s – like Yadavs, after over-enumerating them at block/Panchayat levels!

Equitable Universalization of Reservation

Letter to H.D. Deve Gowda, 3 Dec., 2005

I have seen your recent Statement while presiding over the Udupi District Janata Dal (Secular) Party Convention that the most backward within a backward class should receive benefits of separate reservation.

I strongly feel that all identifiable and self-conscious social groups or sub-groups, should have its due share in public employment and higher education, provided, by their population and this level of backwardness as compared to SC/ST, they would be entitled to at least 1% of the vacant places. The mini and micro sub-groups may joint each other to form a viable group or join any major group of their choice.

On 9 September, 2005, I wrote to you on universalisation of social justice. I have not received any reply. But I hope you would be kind enough to give me an appointment when in Delhi to discuss this question.

Caste System Cannot be Abolished Overnight

Letter to National Commission for SC, 25 Oct., 05

The Outlook (31 October, 2005) has reported that the National Commission for Scheduled Castes has decided to recommend abolition of the caste system.

I find it difficult to understand how a constitutional amendment would kill the caste system which permeates our entire social order. The caste system is so deeply entrenched that even on change of religion it sticks as a category, to the extent that particular castes or sub-castes represent occupations or professions. This is also the reason why untouchability is till practiced widely and the SC/ST’s are subjected to atrocities if they violate the local social codes.

However, I fully endorse your suggestion that there should be a legal ban on use of caste surnames. You have yourself set the example. So did J.P. I regard myself one of his chelas but for long I did not know that he was a Kayastha.

Spatial mobility rising with development and universalization of education and crystallization of employment opportunity will produce more inter-caste marriages and deal a lethal blow to the basic root of the caste, the institution of endogamy, if the surnames are dropped and thus caste is not advertised. This process would be further accelerated if the State, as a matter of policy, promotes and provides incentives for inter-caste marriage.

I would not plead at this stage for abolition of reservation. However, I am of the view that Backwardness should be defined by objective family criteria like education, per capita income, housing, employment and possession of productive assets. Entire population should be divided into 10 socio-economic slabs. Each slab, irrespective of caste or religion should enjoy a quota according to slab population as proportion of total population and level of backwardness. For example, the 1st slab a quota of 10% of population and the 10th slab, 100% of population. Thus instead of caste or religion, backwardness will become the basic criteria.

Reservation in the Armed Forces

Letter to The Times of India, 16 November, 2005

Gen. V.K. Sood (Times of India, 6 November, 2005) has argued against reservation in the Army on the ground of maintenance of homogeneity but he has himself pointed out that there are three types of regiments. Some regiments like Jat, Sikh, Garhwal and Kumaon are made up of solders with a similar background. Others comprise of men recruited from across the country on merit basis. Also there are mixed regiments like Mahar Regiment which has representation of backward classes of Maharashtra.

Obviously if there is a Sikh regiment, why can’t there be a Muslim or a Christian regiment? Similarly if there is a Jat Regiment, why can’t there be an Ahir Regiment or a Chamar Regiment? Similarly if there are Garhwal or Kumaon or a Maharashtra-specific Mahar regiment, why can’t there be a Haryana Regiment or a Tamil Nadu Regiment or a Bengal Regiment or an Oudh Regiment or a Jharkhand Regiment? Either all regiments should be homogeneous in domicile or religion or language or they should all be chosen from all over the country. In a country of our dimension, the second proposition would be difficult and costly to implement, apart from creating problems of communication and management. So, it would be administratively simpler to have territorial regiments with due representation of all linguistic, religious, caste, racial groups in the territory. The basic issue is whether all able-bodied Indians have equal right and opportunity to bear arms in the defence of their country, irrespective of their religion, caste, language, race or domicile.

The fact is that even in the merit based regiments chosen from across the country, there are different quotas for each state. General Sood has stated that Punjab and Haryana have an edge while Bengal and Gujarat have a lower quota. The British concept of martial or non-martial communities may have been given up after independence but differentiation has sneaked in through the back door.

The professional ethos of the armed forces comes out of their integration through training, living and working together. Then it does not depend on religion, caste or domicile.

There is no logical reason for over-representation or under-representation of any major social group or of any large State in relation to their population in the ranks of the Armed Forces. Indeed if all regiments are named after various States/group of States or UT’s, then the diversity that obtains therein — of religion, caste, race and language — will be reflected in the composition of the regiment. That will be a positive factor for emotional integration and cultural homogenization, while maintaining due regard to religious identity. Such reorganization will remove the sense of exclusion from the mind of any group or state.

The reorganization will also mean that short-term and long-term benefits of service in the defence services will reach every part of the country in equal measure and play a part in its development as it has in the case of Punjab and Haryana. After all, the armed forces are, after the railways, the biggest employer in the country.

If all states are equitably represented and within each state, all able-bodied men enjoy equal opportunity, then only in case supply exceeds demand, reservation may be considered in order to ensure due share for every social group.

Reservation for Backward Religious Communities

Letter to The Organiser, 30 November, 2005

Apropos Shri R.K. Ohri’s article on “Communal Reservation” (13 November, 2005), his conclusions that ‘reservation must be provided for Hindus, too, in at least 13 States and Union Territories’ and ‘simultaneously, the Central Government mush launch some pro-active programmes exclusively for improving the pathetically poor socio-economic conditions of 74% Hindu population’, may sound exaggerated but deserve to be taken seriously. Reservation should not be seen as a Hindu-Muslim question but a universal approach towards social jsutice between and within social groups.

Shri Ohri has based himself on ‘two globally accepted yardsticks for assessing socio-economic backwardness of a community’ – the relative incidence of child mortality and level of urbanization. He quotes National Family Health Survey 2, 1998, to show that the Hindu rate of infant mortality is 107 while the Muslim is 83. He quotes Census 2001 to point out that the level of urbanization of Muslims is 32% while that of the Hindus is 26. He goes on to quote other Census 2001 figures on comparative literacy to show that while the national average of Muslims at 59.1 is lower than that of the Hindus at 65.1, in 13 States/UT’s, including A.P., Maharashtra and Karnataka, the reverse is true.

Article 15 (5) speaks of social and educational backwardness and Article 16 (5) of under-representation in public employment. Economic backwardness is basically related to possession of land and other productive assets and public employment. Educational backwardness generally leads to economic backwardness due to limited access to employment in both public and private sectors. Together, alongwith the traditional disabilities, they lead to social backwardness. However, the criteria quoted by Shri Ohri are not the only parameters. Sociologists, economists and political scientists have devised a whole spectrum of parameters from per capita land, per capital annual income, membership of cooperatives and credit societies, to possession of animals, possession of bank accounts, telephone, radio, bicycles, motor cycles and cars, quality of shelter etc. Unfortunately different States and Commissions have devised their own sets of parameters to determine the fact of backwardness of different social groups or compute their level relative to SC/ST or any other bench mark. No common standards or uniform yardsticks have been nationally employed. One reason is that reservation is largely at the State level and backwardness is often seen in relation to the average level of the total population of the State.

The NCAER came to the conclusion after a countrywide survey, which was published by the Oxford University Press, that the level of backwardness of the Muslims was just above that of the SC and ST and much below that of the Hindus and other religious minorities. This survey is reported to have used nearly 300 parameters but it was not a whole universe but a random survey. These are bound to be inter-state variations and inter-district within a State. Factually speaking, the Muslim community is under-represented in legislatures, public employment at all levels and in all cadres as well as higher and professional education. It does not enjoy equal access to bank credit and in distribution of benefits of development and welfare schemes. Its concentration areas lack due educational and health facilities. Its mahallas do not receive due municipal attention in terms of electric or water supply or drainage and sanitation. No doubt it is handicapped by some social factors but they are not the cause but results of backwardness. By all standards, collectively they do constitute a Backward Class and are entitled to the benefits of positive affirmation. Constitutionally, no religious group is barred per se from the benefit of reservation just as a caste group is not, if it forms a Backward Class.

Reservation should apply to representation in legislatures, public employment, higher and professional education, access to public credit and distribution of fruits of welfare and development programmes. What is more important is to realise that all social groups, big and small, religious or caste, have their backward elements and, therefore, what is needed is a scheme for universal reservation which will lift the backward sections of all groups to the average level. The only possible approach is to devise a standard set of national parameters, re-introduce Caste Census and work out the level of backwardness of every social group, identified by caste, religion, race or language and then compute reservation quota by relating the level of backwardness in each case to its population. In every case, the creamy layer should be barred and defined as ‘above the average level, economic and educational, of the people of the State as a whole.’ This approach would mean that only those individuals shall be eligible to benefit from the reservation who come from families which are below the creamy layer or below the average level of backwardness of the State.

Pressure for Common Adoption Law

Letter to President, AIMPLB,  8 October, 2005

Public pressure is building up for enacting a common Adoption Law. However, the Bill would be restricted in scope because a very small number of orphans are formally adopted. Why can’t the State adopt all orphans and support them till they have done high school? The All India Muslim Personal Law Board had opposed such a bill in 1971-72. I am not clear about the ground on which the then Bill was opposed. Since the proposed Bill is an enabling Bill, and not coercive, there is no logic in opposing it, since the AIMPLB has accepted the civil marriage law. The Board should reconsider the stand it took more than three decades ago.

No Bar on Non-Muslim Judges

Letter to President, AIMPLB, 11 November, 2005

You must have learnt about the furore caused by the ‘Fatwa’ of Mufti Mohammad Rafiq Qasmi of Darul Uloom, Khargone, in which he refused to recognize the judicial order on dissolution of the marriage of a Muslim at the instance of his former wife, presumably under the Act of 1939, on the ground that the judge was a non-Muslim.

This is an absurd proposition under our legal system when non-Muslim judges have been deciding personal law cases in accordance with the Shariat before and after the Shariat Act of 1937 came into force. The Muslim community cannot have a parallel judicial system manned by Muslim judges, or run a parallel judicial system of its own, with its own Qazis.

The Mufti need not have given this absurd reason for viewing the judgement as erroneous.

I think the All India Muslim Personal Law Board should immediately issue a clarification before the incident becomes an excuse for anti-Muslim forces for another round of Muslim-bashing.

Kerala HC Ruling on Triple Divorce

Letter to President, AIMPLB, 15 November, 2005

May I draw your attention to the latest divorce/maintenance case in which the Kerala High Court has ruled that triple divorce is not valid and that the husband has to maintain his wife.

This is in line with the Supreme Court’s last ruling in Shamim Ara (AIR 2002 SCII 355).  Prima facie, this ruling is against the stand of the All India Muslim Personal Law Board.  But since the Board has been silent for the last 3 years, it is presumed to have acquiesced in it, just as it has acquiesced in the ‘supercession’ of the Muslim Women (Protection of Rights on Divorce) Act, 1986, by the Supreme Court in Danial Latifi (2001) 7 SCC 740).  When the Board Working Committee had, I recall, decided not to seek a judicial review, it had, however, decided to take up the question of amending the Act at the political level in order to restore its pith and substance and submit a Memorandum to the Government to this effect. This has not yet been done.

The community would like to know the stand of the Board on both these questions of mode of divorce and maintenance of divorcee.

I request that the Board should not let them hang in the air but take a clear stand.

Proposal for Registration of Marriages

I - Letter to President, AIMPLB, 11 Nov., 2005

I have been invited by the National Commission for Women to participate in a discussion on the draft Compulsory Registration of Marriages Bill, 2005.

Section 11 of the draft Bill empowers the Government to appoint or re-designate any power or authority competent to register marriages under any other provision of law or by practice, a registrar (of marriages) for a particular local area and/or a particular community residing therein. This covers marriages performed by Christian priests or Kazis. However, the registrar is empowered to refuse to register a marriage when the bride is less than 18 and/or the groom is less than 21. Also second marriage is not to be registered, except for a person who under an existing law is permitted to have more than one spouse.

What is important is that the Registrar’s Certificate is the conclusive proof of marriage.

However, non-registration cannot be a ground for regarding the marriage as invalid.

I find nothing objectionable in the draft Bill though its language may need a little touching up.

I shall be grateful for your instruction.

II - Letter to National Comm. for Women, 26 Nov., 05

I regret I could not make it on 18 November, 2005 to the meeting convened by you to discuss the Compulsory Registration of Marriage Bill, 2005, for personal reasons.

Now that I have a moment, I hasten to send you my views on the Bill.

Firstly, I regard it, on the whole, a step forward to meet an urgent social need, to stop both early and coercive marriages and also to record full details of marriages with foreign nationals.

I particularly welcome Section 11(2).

However, I find some lacunae which I place below:

Joins Nation in Mourning Narayanan’s Demise

I - Statement, 11 November, 2005

“The All India Muslim Majlis-e-Mushawarat (AIMMM) joins the nation in mourning the demise of former President K.R. Narayanan. 

The first ‘Acchut’ to rise to the Presidency of the Republic, he raised the level and credibility of the office to a new height and made it into a People’s Court of Appeal for the deprived and the distressed of the nation. 

Combining high intellect with deep compassion, full understanding of the present with a clear vision of the future, Narayanan who served the nation as a diplomat, as a member of parliament and of the Council of Ministers and as the Vice-President before becoming the President shall always be remembered for his humanism, his intellectual integrity, his uncompromising sympathy for the common man and commitment to Social Justice.

The AIMMM offers its sincere condolences to Smt. Usha Narayanan and to all other members of the bereaved family and prays to Allah to accept and reward him for all his good deeds.

II - Letter to Usha Narayanan, 12 Nov., 2005

On my own behalf and on behalf of the All India Muslim Majlis-e-Mushawarat, I offer you our sincere condolences on the demise of your illustrious husband Dr. K.R. Narayanan.

I enclose herewith a copy of the Statement of Condolence issued by the AIMMM.

I request you to convey our condolences to all members of the bereaved family.

Demise of Madhu Dandavate

Letter to G.G. Parikh, 14 November, 2005

Madhu Dandavate’s demise is to me a personal loss as he was so accessible, so understanding, so reasonable, so tolerant.  Our public life has lost a gem of a man, a person of absolute moral and intellectual integrity, untouched by any blemish, by corruption in any sense of the term.

He lived a simple, transparent life. He was a true disciple of J.P.  His socialism, particularly in his commitment to moral values, had a Gandhian touch.

I do not know with whom to share my sorrow. Pramilaji is gone. I do not have the address of his son in the USA. I shall be grateful if you would be kind enough to convey my respect for Madhuji and my deep condolences to him and other family members and friends.

On Demise of P.M. Sayeed

Statement, 20 December, 2005

The All India Muslim Majlis-e-Mushawarat (AIMMM) deeply mourns the demise of Janab P.M. Sayeed, the veteran parliamentarian and an exemplary politician who, in his long public life maintained the highest standards of probity and integrity even when he occupied high office.

The nation and the community have both suffered an irreparable loss.

The AIMMM offers its sincere condolences to the Prime Minister for losing an outstanding colleague and to all members of the bereaved family.

The AIMMM prays to Allah for his Maghferat.

Forwarded to PM Dr. Manmohan Singh and

Mrs. Sayeed, 20 Dec., 05

Earthquake Devastation in India and Pakistan

Statement, 10 October, 2005

“The AIMMM expresses its deep grief at the immense devastation and loss of life caused in Pakistan and in adjoining areas of our country by the earthquake which hit the Sub-continent on 8 October, 2005.  The AIMMM offers its heartfelt condolences to the bereaved families and expresses its sympathy for those who have lost their shelter.

The AIMMM appreciates the relief and rehabilitation undertaken by the Central and State Governments and appeals to the people, particularly the NRI’s, to support the NGO’s which are working in the field by all means at the disposal and also to contribute their mite to the Prime Minister’s National Relief Fund.

The AIMMM has decided to make a modest contribution to the relief work in J&K, with the collaboration of the affiliated Jamaats and the Members.”

Donation for Earthquake Victims

I - Letter to Pakistan H.C., 11 October, 2005

On behalf of the All India Muslim Majlis-e-Mushawarat, and on my own behalf I express our deep shock and grief at the immense loss of life in Pakistan in the earthquake that hit the Sub-continent on 8 October, 2005.

We request you to convey our heartfelt sympathy to the Government and people of Pakistan and our heartfelt condolences to the bereaved families. We hope that your Government shall receive full support from the international community and thus provide adequate and timely relief to the victims in the earthquake-ravaged areas and rehabilitate them.

As a token of our moral support, I enclose a cheque for Rs.100,000/- as a contribution to the President’s Relief Fund.

II - Pakistan High Commission’s Reply, 17 Oct., 05

We are in receipt of your cheque No. 18515 dated 11.10.2005, amounting to Rs. 100,000/- for the Pakistan High Commission Earthquake Relief Fund, 2005.

On behalf of the Government of Pakistan, I have the honour to express our deep gratitude for your kind gesture.

III - Letter to PM Dr. Manmohan Singh, 14 Oct., 05

In response to your appeal, for public contribution for relief and rehabilitation of the victims of the earthquake in J&K, the All India Muslim Majlis-e-Mushawarat has decided to contribute a modest sum of Rs. 1,00,000/- as a token of our participation in the gigantic efforts being made by your Government to meet the unprecedented situation.

A cheque for the amount in favour of the Prime Minister’s National Relief Fund is attached.

Organisation of Relief in State

Letter to Mirwaiz Umar Farooq, 27 October, 2005

Many sympathizers and well-wishers are feeling handicapped because so far no representative body has emerged at the people’s level in J&K, to collect relief funds and material for the relief of the victims of the earthquake and to distribute it at the grass-roots level.

In the aftermath of the tragedy, many organizations and institutions have engaged in the relief work.

At the official level we have the PM’s National Relief Fund, the CM’s Relief Fund and the Indian Red Cross which will perhaps be utilized by foreign institutional donors. But the small donor who is anxious to do something for the relief of the victims does not trust official agencies to reach the victims directly because of bureaucratic delay and the inevitable red tape and corruption.

On the other hand, if the Kashmir leaders, rising above political differences, form a J&K People’s Relief Committee, which has the cadre and the means to reach out to the affected areas, and makes an appeal for donations, in cash and kind, through the mass media, it would elicit a good response. Once such a Relief Committee is set up in Srinagar, it would serve as a channel for utilization of donations collected by the organizations and institutions in Delhi and the rest of the country and to supplement whatever the Government is doing and plug the deficiency wherever noticed.

I am writing this to suggest that you personally, or the Hurriyat, take the lead in consolidating all local relief organizations into People’s Relief Committee.

Appeal to NRI’s for Generous Contribution

Appeal to the Non-Resident Indians, 31 Oct., 2005

The earthquake on 8 October, 2005 in J&K on both sides of the Line of Control has caused a human disaster of unprecedented dimensions. On the Indian side, at least 200,000 persons have been rendered homeless and about 2000 persons have been killed. On the Pakistan side the number is much higher. Thousands of families scattered in inaccessible areas have not yet been reached by relief workers. Already they are facing cold and starvation.

Soon those areas will be covered with snow. So a massive effort needs to be launched at the earliest, not only in terms of food, blankets, woolen clothing, blankets and medicines but relocating the people in safer places and building shelters for them.

From its own limited resources, the All India Muslim Majlis-e-Mushawarat (AIMMM) has made a modest contribution to the relief efforts on both sides of the LOC. Some members have already visited the affected areas.

The AIMMM is now trying to persuade different NGOs involved in relief work to form a Peoples Relief Committee which avoiding duplication and overlap may extend aid and assistance through local NGOs in J&K which can reach the ground level.

The AIMMM appeals to you to recall, while celebrating the Idul Fitr, the face of the homeless, the widows, the orphans and other victims of the earthquake, and participate in their relief and rehabilitation with your generous contribution.

Information about the Relief Operation in J&K

Letter to PM Manmohan Singh, 5 November, 2005

You will appreciate that relief and rehabilitation operation in J&K is a humanitarian cause but also has political implication.

Some of us are aware of the enormous contribution made by the Prime Minister’s National Relief Fund as well as the Central Government in meeting this disaster. But many people do not. So it has not made the desired impact on the consciousness of the people at large. Nor has the J&K calamity roused the people to the same level of activity as in the case of Bhuj Earthquake or Tsunami Cyclone.

We, therefore, suggest for your consideration that the uptodate information about contribution to the PM’s National Relief Fund for J&K Relief and its overall disbursement, say, as on 8 November, 2005 be placed on the PMO Website. This will add to the credibility of the Fund and attract more contribution.

Similarly, the major schemes of relief and rehabilitation undertaken by the State Government (largely with Central Government’s special grant) like ex-gratia payment to the next-of-kin of those killed and to the families affected for rebuilding homes, the supply of one month’s ration for every affected person etc., with the total number of beneficiaries and the total outlay, scheme-wise, may be publicised by the State Government.

Both these data may be updated on weekly or fortnightly basis.

Guidelines for Secular Voters for Bihar Assembly Elections, October, 2005

Ist Phase, 18 October, 2005

Letter to Amir-e-Shariat, Bihar, 11 October, 2005

After due consideration, for the first phase of Assembly election in Bihar on 18 October, 2005, the All India Muslim Majlis-e-Mushawarat, with the concurrence of Jamaat-e-Islami Hind, has decided generally to support the RJD-INC-NCP-CPI(M) alliance, in particular, the Muslim candidates put up by the RJD in 156 Banka, 160 Jhajha, 198 Arrah, 208 Bikramganj, 217 Dehri, 221, Rafiganj, 224 Arwal and 234 Gurua and by the CPI in 220 Aurangabad.

I request that in case the Imarat-e-Sharia and Jamiat Ahl-e-Hadith and other local Muslim organizations agree, a joint statement may be issued immediately: calling upon Muslim and secular voters to vote unitedly and massively for RJD-INC-NCP-CPI(M) alliance and in particular, in Muslim concentration seats of Banka, Jhajha, Arrah, Bikramganj, Dehri, Rafiganj, Arwal and Gurua and for the CPI in Aurangabad.

If others do not agree, the Imarat-e-Sharia, Bihar, Muslim Majlis-e-Mushawarat, Bihar and the Jamaat-e-Islami Hind, Bihar may issue a joint statement positively by 14 October, 2005.

2nd Phase, 26 October, 2005

MMM, Bihar’s Appeal, 20 October, 2005

The Muslim Majlis-e-Mushawarat (MMM), Bihar, has noted the low turnout in the first phase and, therefore, appeals to the secular voters to vote massively and unitedly so as to defeat the anti-secular forces.

In general, the MMM considers that the real contest is between the Bihar Secular Front constituted by RJD-INC-NCP-CPI(M) and the unholy combination of JD(U) with the BJP. In a few constituencies, particular candidates of the CPI or CPI(ML)(L) or SP or even the LJP may be in a better position to defeat the BJP/JD(U) candidate but most candidates of the LJP have been positioned only to divide the secular votes to damage the prospects of the Secular Front.

So the MMM, Bihar, appeals to the secular voters of Bihar to vote largely for the candidates of the Bihar Secular Front except in a few constituencies where the CPI/CPI(ML(L)/SP/LJP candidates appear to be in a stronger position to defeat the BJP/JD(U) candidates.

In view of the persistent under-representation of Muslims in Bihar Assembly, the MMM, Bihar, appeals to the secular voters, particularly, to support Muslim candidates set up by the Front in Muslim concentration constituencies.

3rd Phase, 13 November, 2005

AIMMM Appeal, 5 Nov., 2005

On the eve of the Third Phase, the real contest in Bihar is still between the RJD-INC-NCP-CPI(M) Front and the JD(U)-BJP Alliance. Other secular formations like the LJP-CPI, BSP, SP and CPI(ML)(L) may have strong and winnable candidates in a few constituencies but most of their candidates will only cut into secular votes and thus objectively help the anti-secular forces to win.

Therefore, the All India Muslim Majlis-e-Mushawarat (AIMMM) appeals to the secular, and particularly the Muslim voters, generally to vote for the Front candidates wherever the fight is between the Front and the Alliance.

However, wherever, a candidate of LJP-CPI or that of CPI(ML)(L) or Samajwadi Party or Bahujan Samaj Party appears to be stronger and more winnable against the JD(U)-BJP, there he should be supported.

In order to defeat the anti-secular forces, the AIMMM also appeals to all the secular voters to appreciate the value and power of their votes and make a special effort to maximize their turn-out, which has been very low during the previous two phases.

In view of the persistent under-representation of Muslims in the Bihar legislature, the AIMMM appeals to all secular voters to vote unitedly for the strongest Muslim candidates in Muslim concentration (above 25 per cent) constituencies and not to scatter their votes among more than one Muslim candidates. Keeping this in view the AIMMM endorses the following candidates:

4th Phase, 19 November, 2005

AIMMM Appeal, 14 Nov., 2005

Equitable Representation of All Groups

Letter to GS, AICC, 11 October, 2005

I do not yet have the complete list of 51 candidates fielded by the Congress in the coming Assembly elections in Bihar. However, it appears to me from the list of 42 I have that while the SC’s and the Muslims have received their due share, the OBC’s (Hindu) have not. And the high or forward castes are over-represented at their cost. Thus out of 42, 17 belong to the 4 high castes, apart from 1 Kayastha. Together they constitute only 20% of the population while they get more than 40%!

The Congress has to shed its classical image of a high caste party. It must give due representation to all social groups in its election lists/structure. At the end of the day, the Congress should be accepted by all groups as their party.

Why should the Congress be on the defensive if it distributes tickets and locates candidates on caste (Muslims are another caste in the political equation) basis? Why not shed this hypocrisy?

Good Wishes to Nitish Kumar, as Chief Minister

Statement, 24 November, 2005

The All India Muslim Majlis-e-Mushawarat conveys its good wishes to Shri Nitish Kumar for a successful term which shall give Bihar progress with social justice, without diluting its tradition of communal harmony.

The AIMMM interprets the election results of Bihar as an indication of the people’s desire for change. The people of Bihar have voted for development but also for Social Justice and Secularism, which are two sides of the same coin.

The AIMMM also expresses its earnest hope that the new Government will provide equal opportunity for participation in governance and equitable share in the fruits of welfare and development to all identifiable sections of the people of Bihar, particularly to those who have remained deprived like the Most Backward Classes and the Muslims.

Caste Break-up in Bihar

Letter to The Outlook, 31 October, 2005

The Caste break-up of Bihar in your issue of 7 November, 2005 (page 37) appears to be inaccurate as well as inadequate. In particular, ST’s are shown as constituting 11%. There is not even one ST-reserved seat in Bihar. The percentage would be less than 0.5%. On the other hand, Bhumihars would be more than 3%. The ‘others’ should also listed, particularly those which are 1% or above. In the case of the SC’s and the Muslims, major components like Dusadhs and Chamars, and, Momins, Quraish and Rayeen should be shown separately just like various components of the High Castes and the Shudras.

Bihar Assembly Election

MMA Resolution, 10 Dec., 2005

The Markazi Majlis-e-Amla

·        Noted the result of Bihar Assembly election and sees it as the expression of people’s desire for change and not as a defeat for secularism or victory for communalism.  It expresses the hope that under its new Government, Bihar will maintain its traditions of communal harmony and also make economic progress, restore sense of security among the people, revive state institutions and reduce corruption.

·        Also hopes that the new Chief Minister Nitish Kumar, who personally maintained a remarkably secular mien in the election campaign, shall resist all pressure from his political partners to grab maximum power to the distress of religious and linguistic minorities, and that in the true spirit of Social Justice all sections of the people, including the Muslims, shall receive their due share in the fruits of development and of all welfare programmes, particularly those related to education and health.

Chechenya’s Right to Independence

Letter to The Hindustan Times, 15 October, 2005

Apropos your editorial “Chechen Reminder” (15 October, 2005), there is a serious omission of fact. After the Russian defeat in the 1994 Chechen War, Russia signed an agreement with Chechenya recognizing its autonomy and providing to a referendum later on the question of independence. For electoral reasons, Putin violated the agreement and relaunched the war. It is doubtful whether the bombings in Russian cities were committed by the Chechens or stage-managed by Russia.

Chechens began their armed struggle for independence 200 years ago and have never accepted incorporation in Russia. The longer he war of independence, the greater the possibility of the movement being taken over by radical Islamic elements.

SAARC Invitation to Afghanistan Welcomed

Letter to PM Dr. Manmohan Singh, 3 Dec., 2005

We are glad that the SAARC leaders have invited Afghanistan to join the organization.

Afghanistan’s participation makes historic, cultural, geographical and economic sense. I had raised this question with President Karzai when he visited India for Indian Today’s Conclave and he had given a positive response. I am confident that when the SAARC formally invites Afghanistan, it would readily join. I am equally convinced that China’s admission to the SAARC will not serve any useful purpose. Indeed it would nullify the progress towards SAARC’s primary objective of crystallization of South Asia into a viable economic region.

The proposal to bring China is a political manouvre to ensure that Indian influence is outbalanced by China, even if the SAARC collapses.

I would, therefore, strongly urge that China’s admission should be resisted. China simply does not belong to South Asia.

Plea for Extension of SAARC to Central Asia

Letter to Foreign Secretary, 9 December, 2005

You might have seen Prof. C. Raja Mohan’s dispatch datelined Washington in the Indian Express of 5 December, 2005 on a shift in the USA’s geopolitical perception of Central Asia.

I have always felt that the future of Central Asia is linked with South Asia just as its past was. Central Asia resents lingering Russian influence and is under pressure from China. It has no geopolitical option but to look south ward. We should encourage it and develop our relations beyond Afghanistan, with all Central Asian Republics.

In the fullness of time, the concept of Greater South Asia may take root, provided the countries of South Asia succeed in putting the conflict of yesterday behind them and build an economically strong and politically coherent personality.

We have taken the first step by including Afghanistan in the SAARC. If any Central Asian country desires to associate with the SAARC, we should welcome it as an Observer. Progress towards the larger goal will obviously depend on Pakistan’s attitude and, therefore, on the normalization of Indo-Pakistan relations. Consolidation of SAARC and its extension towards Central Asia should be one of our primary objective, irrespective of how China, USSR and USA view it or react.

On India’s Vote Against Iran in IAEA

Resolution of MMM, 8 October, 2005

The Markazi Majlis-e-Mushawarat

Expresses its disappointment with India’s vote in the IAEA Board against Iran on the Iranian Nuclear Energy Programme and has noted that coming soon after the PM’s visit to the USA, this vote has raised a question mark on its pursuit of an independent foreign policy and that on the issue, it broke rank with other developing countries as well as with China and Russia.

Feels that the Iraq charade is being re-enacted and cautions the people that  any military action against Iran will bring war and destruction closer to, and thus affect the security and development of, South Asia.

Urges the Government to listen to the protest of the people, understand the real objectives of the USA, withstand pressure and reverse its stand at the earliest, since Iran has shown its readiness to allow inspection by the IAEA to remove all doubts and suspicions of its violation of the NPT to which it is a party.

Also calls upon the international community and the IAEA in particular to exert pressure on Israel to open its nuclear installations for international inspection because the Israeli stockpile of nuclear weapons constitute the biggest threat to regional peace.

I - Letter to M/External Affairs, 10 October, 2005

.... We particularly feel that our stand in the IAEA has caused much dismay among the people on the misapprehension that the IAEA vote has opened the door for invasion of Iran by the USA in pursuance of its long-term strategy.

II - Letter to Iran Ambassador, 10 October, 2005

.... We would be grateful if Your Excellency would be gracious enough to convey our solidarity with the Government and people of Iran in defending their sovereignty and integrity.

Rights of Muslim Minority in Greece

Letter to H. Habipoglu, Chairman, ABTTF, 30 Dec, 05

May I refer to the ABTTF release of 13 December, 2005.

International Law today protects the democratic rights of all ethnic, religious and linguistic minorities. Therefore, the Parliamentary Assembly of the Council of Europe should deal with the problems of such minorities in all members of the EU and those which are candidates for membership, particularly in the Balkans.

In our view, uniform political and economic rights, facilities and immunities should be provided to all minorities in all civilized countries. Indeed, as Gandhi said, treatment of minorities is a ‘test of civilization.’

We wish you every success in your endeavour to protect the legitimate rights of the Muslim minority in Greece.

On Developments in Iraq

Resolution of MMM, 8 October, 2005

The Markazi Majlis-e-Mushawarat

Deplores the fratricidal killing in Iraq which is assuming the dimensions of a civil war and which provides an excuse for the Occupation power to maintain their presence.

Is of the considered view that the Occupation forces are playing a role in fanning inter-denominational hostilities and terrorism.  The MMM is convinced that restoration of peace in Iraq and its development within a democratic framework depend on withdrawal of foreign forces.

Appreciates that various articles of the draft Constitution, to be subjected soon to a referendum, are unsatisfactory for various ethnic and religious groups.  Yet it feels that it rejection would provide yet another excuse for prolonging foreign occupation.

Forwarded to M/External Affairs, 10 Oct., 2005

On Developments in Palestine

Resolution of MMM, 8 October, 2005

The Markazi Majlis-e-Mushawarat

Welcomes the withdrawal of Israel from Gaza and at the same time deplores further extension of the illegal settlements on the West Bank and of the Sharon Wall to encircle East Jerusalem.

Calls upon Palestinian Authority to invoke the Quartet Plan for rapid progress on the road map for initiating negotiation with Israel on the final agreement which should lead to the withdrawal by Israel from the West Bank and the establishment of the State of Palestine with its Capital in Jerusalem and an equitable settlement on the refugees question.

Forwarded to M/External Affairs, 10 Oct., 2005

Holocaust Anniversary Occasion to Recall Palestine

Letter to Mike Ghouse, 26 December, 2005

Your email of 24 December, 2005.

As conscious human beings and as Muslims we have no choice but to do what little we can. What is the ‘upcoming event’? If it is to commemorate the holocaust, that is not the occasion to raise the Palestine Question directly but surely it is an occasion to caution humanity against genocides and massacres in any part of the world or to express the hope for a world free of injustice, oppression and persecution and for a world which respects human rights.

Holocaust Recall Sack of Baghdad & Partition

Letter to The Hindu, 30 December, 2005

Mr. Hamid Ansari’s article on Holocausts, Past and Future (The Hindu, 3 December, 2005) reminds me as a Muslim of the sack of Baghdad by the Mongols which is a watershed in the history of Islam and of the Partition Holocaust in South Asia which had as many victims as, if not more than, the Nazi Holocaust, which was unique only in the sense that it was organized by a government with Teutonic efficiency.

What is not comprehensible is how can the victims of the Holocaust engage in ethnic and religious cleansing in Palestine and continue the process?

Demolition of Birthsite of Holy Prophet

Letter to M/External Affairs,  3 October, 2005

May I draw your attention to the copy of my letter of 22 August, 2005 to the Saudi Arabian Ambassador on the above subject, endorsed to you, requesting you to obtain the facts from the CG of India, Jeddah. Neither the Saudi Arabian Embassy nor the Ministry have replied to us.

During my visit to Mecca on 28 September, 2005, I observed the site from a distance. The area from the Holy Mosque right upto the Maktaba al Haram (the birth site) has been cordoned and cleared. But the Maktaba still stands. How long? I have no idea.

We would request you to convey the Government of Saudi Arabia the deep emotional attachment of the vast majority of the Muslims of India to the birth site of the Holy Prophet because of its historic value and our request that the development plans for the area be revised slightly to spare this building which is at one edge of the area, next to the hills.

Desecration of Holy Quran in Guantanamo Bay

I - Letter to M/External Affairs, 17 October, 2005

On 27 July, 2005, Mr. Abu Asim Azmi, MP, made a Special mention on the question of desecration of the Holy Quran by the US authorities in Guantanamo Bay, Abu Ghuraib and other places. He demanded that the Government of India should condemn the desecration and raise it as a civilisational issue with the Government of the USA. In the discussion that followed, several other members like Vijay Yadav (Bihar), Dr. Kumkum Rai (Bihar), Smt. Jaya Bachchan (UP), Vijay J. Danda (Maharashtra), Lalit Suri (UP), Ram Narayan Sahu (UP) participated. At the end of the discussion, the Dy. Chairman ruled that the entire House associates itself with this Special Mention.

In view of the above, we request you to formally and suitably convey the protest of the people of India at the desecration of the Holy Quran to the US authorities.

II - Reply of M/External Affairs, 24 October, 2005

I have your letter of October 17, 2005 regarding the Special Mention by Shri Abu Asim Azmi, MP on the desecration of the Holy Quran by the US authorities at Guantanamo Bay and other places.

I am having the matter looked into.

Plea for Equal Treatment of Non-Muslims Citizens by Pakistan

Letter to Mohd. Ayub Khan, 7 October, 2005

Your email of 5 October, 2005.

Pakistanis are free to do what they like within their country. So is Dr. Asrar Ahmad who wants Khilafat in Pakistan but neither he, nor the Khalifa of Pakistan, if and when he comes to power, nor anyone in Pakistan has any authority to interfere in the relationship of the Muslim Indians with the Indian State. Muslim Indians are NOT Pakistani citizens, temporarily residing in India, waiting for doors of Pakistan to open for them to enter.

We wish Pakistan to treat its non-Muslims as equal citizens just as all non-Hindus of India, including Muslims, aspire in India.

Need for ‘Muslim’ Political Party

I - Letter to Mustafa Kamal Sherwani, 27 Oct., 05

Thank you for your reply. What we need is a national approach. What you are hinting at is the formation of a Muslim or Muslim-driven political party which can function in the political arena like any political party, contest on its own or form alliance with like-minded parties or have deals on reciprocal basis, all with a view to get into the legislature. But we must remember that IUML remains confined to Malappuram and MIM to Hyderabad. And that Muslim Majlis and subsequently Insaf Party (1989-91) failed. Perhaps the Insaf experiment was premature and brought out that Muslims will not vote unitedly because many forces are at work in the field. I feel that a negative objective of defeating BJP will not do to enthuse and bond them. What we need is a positive objective like Reservation in Legislature, Public Employment and Higher Education. I feel time has come to repeat the Muslim-driven party experiment with a positive programme.

As for the AIMC and JIH (I may add that the JIH was fully backed by the AIMMM) thinking has evolved over a period of time, from supporting the party which can defeat BJP, to supporting the most winnable secular candidate (irrespective of party), to preferentially supporting the strongest Muslim candidate in a Muslim concentration seat. But time does not stand still and situations change. So we have to review political strategy.

Today, I am convinced that a pressure group cannot achieve what a political party can, that without an independent group of Muslim legislators, no real pressure can be built even on secular governments for legitimate Muslim demands and that even a small group will do in the age of coalitions. So when you are next in India, we can discuss the real question: how to mobilise support of Muslim masses. For the present, I would request you to keep my ideas to yourself.

II - Letter to Mustafa Kamal Sherwani, 29 Oct., 05

Your email of 28 October, 2005.

First, my personal letter to Dr. Sherwani has not meant to form the base of a public debate. Secondly, I always make a distinction between a Muslim party which would be a reincarnation of Muslim League and a Muslim-driven party which would be a mainstream secular party – open to all but controlled by its Muslim core. Thirdly, no party – not even INC/BJP – has uniform following all over the country. So there is no mainstream secular party which Muslims can integrate into all over the country.

Bohra’s Birthday Greetings to Modi

I - Letter to Farooq A. Bawani, 1 October, 2005

Your letter of 21 September, 2005.

I share your feelings but I would not like you to malign the Bohras or the Shias as a whole.

I have drawn the attention of the Syedna to the episode and requested him to take remedial actions to prevent recurrence.

II - Letter to Farooq A. Bawani, 18 October, 2005

Your letter of 14 October, 2005.

There is nothing more I can do.

But as far as I know the Bohra community has always followed the policy of keeping on the right side of the Government in power. That has its own logic, though it is forgotten that when the anti-Muslim forces attack Muslims, they make no distinction on the basis of sect or denomination.

It is for the Bohra community to advise Syedna not to have anything to do with the Sangh Parivar which has been consistently involved in anti-Muslim activities.

On ‘Muslim’ Leadership

Letter to Salman Khurshid, 8 November, 2005

Reference your piece in the Hindustan Times ‘Of Leaders and Muslim Leaders’ which I enjoyed reading but it also raised some questions in my mind.

The ‘liberal’ Muslims generally hate to identify themselves as Muslims or speak out in defence of their religion or on legitimate grievances of the community, lest they be charged with being bad Muslims and edged out of good society. The moment they shirk off these tendencies, they shall be trusted by the Muslim masses.

Secondly, the national leadership of any party does not include a Muslim. Believe me, many members of the Muslim intelligentsia feel shocked that in all-parties meetings convened by the PM or Soniaji or any Minister for that matter, there is never a single Muslim.

Is it because the Muslim community has suddenly turned barren or is it because all Muslim political activists have become political climbers who do not command the confidence and trust of the community and since they do not, their parties are loath to recognize them or give them a place in its hierarchy? Is it because, even the secular parties prefer the good Muslim who are subservient and never raise inconvenient questions?

Gandhiji said that in order to reach out the freedom message to every Muslim Mohalla he needed Muslim workers. This was not a communal approach but a realistic appraisal of the segmented nature of our society. Politics has expanded in scope after independence. Every Muslim Mohalla, always low in priority and, therefore, deprived, wants its school and road, light and water. If the local Muslim leader – who is assumed to be close to the party in power – cannot get anything done for them, he loses his followers. Once his people disown him, it becomes a vicious circle, the bureaucracy and the decision-makers then do not listen to him either.

So to break this cycle, there has to be a joint effort on the part of the secular leadership and promising Muslim activists to win the confidence of the Muslim masses. This means encouragement to the Muslim workers to raise the legitimate grievances of their community, and seek the positive response of their parties so that their constituents develop faith in their effectiveness.

As it is, the quality of material coming into politics is getting poorer. I was shocked to see that in the recent Delhi University Union Election, no candidate of any worthwhile group had any educational credentials! But minority community cannot throw up better to talent in order to overcome discrimination and secure its place. After all, it is the political culture which counts. If the hallmark of success in terms of being trusted with responsibility is obedience and flattery, how can we prevent the minority youth from going the common way? This explains why Muslims are not emerging from the ranks. Party positions and election tickets are available only for hand-picked favourites who have invested time and energy (and money), not in the community, but in getting to know persons who matter.

Plea to Allow Muslims to Take Oath on Quran

Letter to The US Embassy, 22 October, 2005

As you are ware, the question of taking oath in the Courtroom on scriptures other than the Holy Bible became a living issue when two judges in Guilford County ruled that ‘oaths taken on the Quran were not binding’.

Subsequently, Judge Quentin Summer of the North Carolina Superior Court is reported to have stated in July, 2005:

“Without clearer legislative guidelines over using the Quran and other religious texts for courtroom oaths, judges across the state probably will make different rulings.... The legislature needs to address the issue because different judges will decide differently.”

Normally, witnesses, defendants and jurors take oath on the Bible or they affirm – or promise – to tell the truth.

With a growing Muslim population in the USA and particularly because the USA does not, by its Constitution, discriminate against any religion, it would appear to be in the fitness of things that Judge Summer’s advice was seriously followed.

We would like to know if the US Congress has taken note of this matter and, if so, where it rests.

Monitoring of Radiation Level in Muslim Sites

Letter to M/External Affairs, 30 Dec., 2005

The secret programme of the US Government to monitor radiation levels at over a hundred Muslim sites in Washington DC and several other cities in the USA since 9/11, fortunately with negative results, has come to light and caused much misgiving in the Muslim community and the activists of civil liberties and human rights.

The exercise aimed at discovering ‘nuclear weapons’ is prima facie unconstitutional and illegal. It has far reaching implication for the future of the American society. Paranoia is converting the USA steadily from the House of Freedom into a House of Fear! The Atlantic Chapter had, it may be recalled, listed Freedom from Fear as one of the ideals for which the Allies had fought and defeated Nazism. Today fear is strangulating not only civil liberties but rule of law in the USA.

Muslim Americans and other Muslim residents of the USA find it painful to be treated with suspicion and fear, which can generate hatred and hostile violence and lead to alienation.

I may add that the major Muslim advocacy organization in USA CAIR has not only organized a protest campaign but asked for full information on the sites and property holders monitored under the Freedom of Information Act.

The US administration which may takes up similar nuclear surveillance against other States, owes it to the people of the world to explain why the programme was focussed on a particular religious community, its properties and institutions and why the persons professing other religions was ignored ab initio in designing the exercise.

Since many members of the Muslim community are from India and even hold Indian passports, the Government of India has a locus standi in the matter to raise it at the diplomatic level.

Plea for Preservation of Tomb of Shah Alam

Letter to Delhi CM, 29 November, 2005

May I draw your attention to the report in the Times of India today on the construction of a bridge over the Yamuna close to the existing heritage bridge at Wazirabad?

The report states that the construction of the proposed bridge shall violate the 100 meter rule which protects Ancient Monuments.

Near the existing bridge also lies a religious complex consisting of a Tughlak period Masjid and the tomb of Emperor Shah Alam.

We request that the site of the proposed bridge be shifted in accordance with the requirement of law.

We also request that the ancient embankment be cleared and the ancient bridge be repaired with the support of the ASI.

Alamgiri Masjid in Vidisha, Bhopal

Letter to MMM, MP, 19 December, 2005

The Jan Sangh Today (November, 2005) has published a report on what it calls Vijay Mandir in Vidisha, some 40 kms. from Bhopal.

It says that the Mandir was desecrated by Iltutmish in 1234, then by Alauddin Khilji in 1293 and by Bahadur Shah of Gujarat in about 1530. The rebuilt Mandir was finally destroyed by Aurangzeb in 1682 who renamed Vidisha as Alamgirpur and built the present Masjid called Alamgiri Masjid by the Muslims and Bijay Mandir by the Hindus. Popularly the Masjid was called Bijamandal Masjid.

Namaz-e-Id was performed there till 1965 when it was stopped by the then Chief Minister D.P. Mishra, who gave the Muslim community Rs. 40,000/- (and perhaps land) for the construction of another Idgah.

The Archaeological Survey of India began excavation of the site in 1991-92 when the front of the Masjid collapsed in rains, revealing many Hindu idols. But the excavation, it said, was stopped in 1993-94.

I request you to visit Vidisha or contact some responsible and knowledgeable person there to find out the present position of the use of the structure, whether Hindu worship has been allowed in the Masjid which is under ASI protection. If you go there, please collect the names of important leaders of the Muslim community.

Restoration of Burhanpur Welcomed

Letter to Minister of Culture, 21 Dec., 2005

We are glad to note that the Central Government has sanctioned Rs. 4.49 crores for the development and restoration of the ancient town of Burhanpur in Madhya Pradesh.

We would be grateful to be informed of the agency appointed for this project and about the details of the programme.

Appropriate Role for the NCM

Letter to Chairman, NCM, 1 October, 2005

Please refer to your letter of 22 September, 2005.

Yes, I interpret Section 9 in literal terms, because that is how governance is divided among various ministries, departments, sub-ordinate and attached office and autonomous bodies. Otherwise, all aspects of good governance are inter-related. The idea behind legal provision like Section 9 is division of work so that every institution acts effectively in its limited sphere to achieve its assigned objective. I recall that when Justice Beg was the Chairman, I had objected to his spending the sparse resources of the Commission on a Mushaira! So I dare to disagree with your approach of promotion of communal harmony which confuses the aggressors and the targets as the favourite practice of the Commission. At the same time, you totally neglect many important aspects of the life and livelihood of the minorities and the protection of their constitutional and legal rights.

I do not question your duty to protect the rights of small minorities. You may not be aware that, on my own, and as President of the Mushawarat, I do take up the legitimate grievances of all communities including all minorities which come to my notice with the concerned authorities. I have no official facility at my disposal. Yet I do not what I can for all suffering Indians and all minorities, not only religious, when they are targets of injustice and discrimination.

While the Commission’s recommendations to the Government in its Annual Reports may be confidential, surely the action the Commission takes on a general or specific problem related to the minorities is not. So why shouldn’t the Commission publish a brief quarterly report on its interventions on behalf of the minorities, not personally specific, made by the Commission to remedy their grievances. But such reports need not have your own speeches on the theme of promoting communal harmony and national integration.

Dialogue on Communal Harmony

Letter to Chairman, NCM, 14 November, 2005

In a recent interview, Shri Cedric Prakash, who is Director of Prashant and the eminent social worker in Ahmedabad, has criticized dialogue of the minorities with the RSS. He said:

“For any serious dialogue there has to be a level playing field, and the partners to the dialogue have to be sincere about it, which the Sangh Parivar is clearly not. Their whole agenda and worldview is based on hatred for and exclusion of non-Hindus, so how can you expect them to be sincere about dialogue? To think of dialoguing with them is to accept them as the spokesmen of the Hindus, which they obviously are not. So quite obviously, dialogue with these fringe and fanatic groups, however aggressive they may be, is certainly out of the question.”

This is for your information.

Formulation of Views on CV Bill, 2005

Letter to Chairman, NCM, 20 December, 2005

You must have seen the draft Bill on Communal Violence tabled in the Rajya Sabha on 5 December, 2005. It is far below our expectations.  It is not only inadequate but indicates reversal on many aspects. We request you to organize a Discussion on the Bill under the auspices  of the Commission with the participation of reputed representatives of all religious minorities.

On Obiter Dicta of Supreme Court in Jain Case

Resolution of MMM, 8 October, 2005

The Markazi Majlis-e-Mushawarat

Deplores that the obiter dicta in the recent Judgement of the Supreme Court denying minority status to the Jains, promotes the ideology of Hindutva by placing Hinduism in a class by itself above all other religions of India and also encouraging the assimilation of religious minorities in the Hindu fold contrary to the principles of the Constitution and the UN Declaration on Minorities.

Requests the Supreme Court to clarify the obiter dicta in order to remove the apprehensions raised in the mind of the religious minorities and also to direct the Central Government to recognize as religious minorities all religious groups which have figured in the Census since its inception, irrespective of their origin, their resemblance with Hinduism and the economic or political status of their followers.

Letter to Minister of Law, 10 October, 2005

.... We request the Central Govt. to move the Hon’ble SC to clarify, modify/expunge, the  obiter dicta which go against the letter and spirit of the Constitution and have created a sense of insecurity in the mind of all religious minorities.

Expunction of Irrelevant Obiter Dicta

Letter to Bal Patil, 6 October, 2005

Thank you for sending me the draft of your Modification/Clarification Petition. Frankly, I do not find it adequate. The ‘obiter dicta’ have to be dissected para by para and sentence by sentence to show how tendentious and irrelevant they are and how, in word and spirit they contradict both history and theology as well as the Constitution.

In one word, religious minorities, big or small, one or more, exist in every state because the world is multi-religious. Even a minuscule religious minority has its rights guaranteed in most national laws as well as in international law. They do not exist by the grace of the executive or the judiciary or the majority group. Their rights are absolute and not relative to any happening in the past or anywhere else. The Constitution does not relate the minority status to affluence or poverty. It does speak of promoting the development of all weaker sections but the vast majority would belong to the Hindu community. So it is a matter of general welfare.

Having dissected the obiter dicta and proving that they are not at all relevant or material to the point in issue in the case. Your petition should ask for their total expunction.

Realization of Full Potential by Minorities

Letter to Mustafa Kamal Sherwani, 24 Oct., 2005

Your email of 23 October, 2005 on ‘Muslim Minorityism’ in India.

The concept of religious minority is a universally recognized concept and international law defines minority rights. Indian Constitution in theory more or less grants these rights. Any objection to constitutional provision is pointless. What you are really concerned about, and rightly so, is the failure of Muslim Indians to realize their voting potential. This is a fact. The real question is what is to be done to realize the potential. It may take time but the first step has to be taken if one embarks on a journey. I wait for your concrete and workable suggestions.

VHP Activitists among Gujarat Tribals

Letter to INC President, 22 October, 2005

Following the programme for organizing a Mahakumbh in the Dangs, Gujarat, (about which I write to you) another tribal concentration area – Banswara-Dungarpur in South Rajasthan has been targeted by the RSS-VHP where they plan to organize a Hindu Kumbh on 6 December, 2005, the anniversary of the Demolition of the Babari Masjid.

This is indeed provocative. We know that the Government of Rajasthan or the local administration will not lift a finger.

We request you that the Congress should take the initiative to form a People’s Front for Secularism in order to combat the propaganda and activities of the Sangh Parivar when they target and provoke religious minorities or spread fear and hatred among the Hindu community.

Attacks on Christians in China

Letter to PM Dr. Manmohan Singh, 2 Dec., 2005

Recent attack on Catholic nuns and priests in China has been noticed all over the world. The Vatican has condemned it. In the past, we have taken note of religious persecution in foreign countries.

I suggest that the concern of the people of India at the violation of human and religious rights of the Christian community in China, particularly of the Christian community be suitably conveyed to the Government of China.

Support to Christian Grievances

Letter to PM Dr. Manmohan Singh, 30 Dec., 2005

May I draw your attention to the Memorandum submitted to you by Dr. John Dayal, Member of the National Integration Council, who is associated with three major Christian organizations in the country, regarding the distressing situation faced by the Christian community in various parts of the country, particularly in MP, Rajasthan and Orissa, including another 200 incidents of violence during 2005?

We request that the Central Government may kindly draw the attention of the State Governments concerned to the spate of Christian violence and to curb them effectively.

Mr. Dayal has also drawn your attention to:

1)   Failure of the Government to amend the Presidential Order of 1950 to bring Christian and Muslim dalits within the purview of the Order.

2)   The examination of the economic backwardness of the Christians, perhaps by appointing a Committee to study the status of the Christian community.

3)   Legislation to permit adoption by Christian couples of Christian orphans.

4)   Finally, Dr. Dayal has brought up an issue of which many of us are not even aware: systematic denial of Indian visa to foreign wives of Christian NRI’s. Our visa rules and regulations should not differentiate among applicants on ground of religion.

We request you to have these requests examined sympathetically by the authorities concerned.

Removal of Masjids from National Highways

I - Letter to Minister of Road Transport, 6 Oct., 05

The VHP is protesting against shifting of temples in Orissa and elsewhere for the construction of National Highways and as usual gives its protest a communal turn by alleging that Masjids are being protected while Mandirs are being demolished.

For one thing, nationally very few Masjids fall in the alignment of National Highways.

Secondly, Masjids and Mandirs have a basic conceptual difference. A Masjid is the site dedicated as Wakf for performance of Namaz, while a Mandir is the abode of a consecrated idol. Both are places of worship but the idol can be shifted and a new structure can be built to serve as its abode. A Masjid cannot be shifted because the site is the Masjid and not the structure. That is why the Hanafi school of Muslim law which prevails in India bars the shifting of a Masjid.

However, I would like to request you to issue a statement giving the number of Mandirs and Masjids which have been or are proposed to be removed as they fall within the proposed alignment of the National Highways.

II - Letter on Rajasthan Case, 14 December, 2005

The Muslim community of Abu Road, Distt. Sirohi, Rajasthan is protesting against the proposed demolition of the 200 year old Chandmari Masjid in that town for widening the National Highway 14. The inclusion of the Masjid has been deliberately planned because it is possible for the Highway to have a different alignment, without touching the Masjid. But this would have affected land belonging to some influential persons.

We request you to advise the National Highway Authority to re-align the Highway in a manner so as to leave the Masjid untouched.

Restoration of Masjid Gumbadwali

Letter to Secretary, CWC, 1 October, 2005

Please refer to your letter No. 18(1)/93-CWC(WP) dated 29 August, 2005 regarding the restoration of Masjid Gumbadwali.

No member has the time to go through relevant documents. You should favour us with a self-contained summary of the case, stating the present position.

The Punjab Wakf Board’s letter is contradictory; it says that Namaz has been restored and yet it speaks of initiating action to have the Masjid vacated.

Security for Varanasi Masjid & Mathura Idgah

Letter to Ministry of Home Affairs, 7 October, 2005

We have already written to the Minister of Home Affairs about security arrangements at Ayodhya.

This is with regard to arrangements at Varanasi and Mathura.

We are of the view that while the Central Government may take all necessary assistance from the State Government, the security of the Gyan Vapi Masjid in Varanasi and the Idgah Masjid in Mathura must rest ultimately with the Central Government.

We also feel that since both are live Masjids and they have their managing committees, they should be taken into confidence by the Central Government officers in-charge, so that those who perform Namaz in these Masjids and their religious functionaries are not harassed or put to any avoidable inconvenience.

Protection of Masjid Site in Danapur Cantt.

Letter to Minister of Defence, 11 November, 2005

May I refer to your letter No. 5854/VIP/RM/2005 dated 29 September, 2005 regarding the mosque site in Danapur Cantt.

Sometime back, I spoke to the President of the BPCC. He also confirmed that the ancient dilapidated Masjid stood there and he had himself seen it. I told them what you had written to me. Both he and Shri Digvijay Singh, General Secretary in-charge of Bihar promised to me that they would speak to you in this connection.

We would be grateful to be informed whether the construction plan for the area has been revised in order to preserve the mosque site.

Illegal Occupation of Lal Masjid

Letter to DWB, 11 November, 2005

May I draw your attention to the report in the Qaumi Awaz (9 November, 2005) about illegal occupation of Lal Masjid (near Aulia Masjid) and the attached land (Khasra No.1151/3) in Mehrauli. The police has not acted on the FIR filed by local residents. I hope this Masjid is in the List of Masjids under the Wakf Board.

We request you to urgently inquire into the situation and take up the question of vacating illegal occupation with the local administration and police.

Many Experiments in Madrasas and Islamic Edu.

Letter to Yoginder Sikand, 3 October, 2005

I appreciate your series of articles on “Modernizing Madrasas”. However, I find that you have chosen to include educational institutions which are not Madrasas in the real sense of the term. For example, the Markaz-ul-Ma’rif, Delhi in an institution to coach Madrasa products to qualify for admission to Universities. The Darul Uloom, near Mysore, is a specialized institution to make the products of Madrasas more socially useful and more employable.

Jami’at ul-Hidaya is a unique experiment of combining both Madrasa and CBSE syllabus. This appears to be a heavy load. I have not examined the results to find out how theologically good and acceptable are the Alims produced by this institution in keeping with the essential objects and purpose of Madrasas.

There are thousands of Madrasas in UP which teach non-religious subjects for 5 years so that their students take the V standard examination and quality to join normal schools.

There are hundreds of Muslim Secondary and Higher Secondary schools in the country which additionally teach Islam to their students, apart from the normal syllabus.

So many experiments are going on. Even Nadwa and Deoband are changing their syllabus to some extent. This is to be welcomed but Madrasas must produce Alims. They should not be expected to produce doctors or engineers, nor civil servants!

Survey of Madrasas on Nepal Border

Letter to A.I. Deeni Talimi Council, UP, 11 Nov, 05

May I draw your attention to the new feature by Mr. Vipin Agnihotri which, inter alia, states that the Madrasas on the border of Nepal, particularly in Basti, Siddarthnagar and Balrampur continue to the main subjects of disinformation and vilification by the media? Now, apart from ISI and Muslim terrorists, they are being connected with the Nepali Maoists. They continue to be harassed by the security agencies and the local administration, though some of them are 50-100 years old.

We would like to take up the question with the Ministry of Home Affairs but before we do that, we request you to have a list of Madrasas in these three districts and a brief report on their treatment by the local intelligence and security authorities. Can you please send someone over to these districts and speak to the managers/principals of major Madaris?

Formation of Madrasa Board in Delhi Opposed

Letter to Delhi Minorities Commission, 15 Nov., 05

We have seen the press report that the Delhi Minorities Commission has reiterated its recommendation for the establishment of a State Madrasa Board in order to promote the utilization of funds available for modernization of curriculum and syllabus of the Madrasas.

The Central funds for modernization of Madrasas do not impose any such a pre-condition for routing fund through State Madrasa Boards.

For various reasons the Madrasas all over the country are reluctant to avail of these funds.  We would be happy to discuss this aspect with you.

However, all Madrasas are slowly changing their curriculum and syllabus to make their products more marketable and to widen their employment opportunities.  We think that the Government should not intervene in the process and let the Madrasas adopt the pace of modernization in accordance with their needs as they see it.

We would suggest that the Minorities Commission should press the Government of Delhi to establish more government schools, primary, middle, secondary and higher secondary, in Muslim concentration areas which are comparatively deprived, if judged by national norms.

No Central Madrasa Board

Letter to NMCME, 5 Dec., 2005

We read about the report of your Standing Committee today and I do not know which of its recommendations have been approved by the NMCME. However, we would like to place on record our serious objection to the establishment of a Central Madrasa Board to set up ‘Madrasa Schools’ and, perhaps, to channelise Central funds for private Madrasas.

Our objection is based on the nationwide experience of State Madrasa Boards which have brought down the standard of education in the affiliated Madrasas.

We think that the Government should not intervene in the Madrasas, leave them to take support from the community and change their curriculum and syllabi, according to their need as they see it.

The Government, Central and State, should concentrate on establishing regular government schools in Muslim concentration areas, not Madrasas disguised as schools or vice versa.

We feel that at the primary stage, all Muslim children can attend both Madrasas and schools. Then, they choose between one stream and the other.

We are at the service of your Committee for consultation, if you so desire.

No Govt. Intervention in Madrasa Education

Letter to Minister of HRD, 28 December, 2005

The Ministry of Human Resource Development is finalizing a scheme for the establishment of a Madrasa Education Board and the introduction of a common curriculum and syllabus so that Madrasas which adopt them may be affiliated to the Board and be treated as ‘equivalent’ for Compulsory Education.

I imagine that in order to provide the Madrasas to avail of this scheme, they would be offered some financial assistance.

I am writing this to caution you that no Madrasas of national eminence which conduct their own examinations right upto Ph.D. level shall buy the scheme and get affiliated to the proposed Board.

Some small Madrasas, particularly in rural areas, which are proprietary in character and are typically run by a product of one of the known Madrasas may take the bait. But the community, as a whole, will be alienated from the government for trying to control Madrasa education.

Even, as it is, well-known Madrasas are making necessary changes in their syllabi and reorganizing their system, so that at the end of the levels, equivalent to primary, secondary or higher secondary or degree, their product may easily switch to regular schools, colleges and universities.

A more worthwhile approach would be to encourage the leading Madrasas to form National Federation of Madrasas (belonging to the particular sects or schools of Islamic jurisprudence), so that they standardize their curricula and syllabi, introduce new modern textbooks and have uniform examination standards. This will raise the marketability of their products, make them eligible for admission to general schools/colleges/universities and for grant of scholarships and employment.

On Developments in Kashmir

Resolution of MMM, 8 October, 2005

The Markazi Majlis-e-Mushawarat

Welcomes the initiative by the Government of India for talks with the All Party Hurriyat Conference (APHC) led by Mirwaiz Umar Farooq, the visit of the APHC leaders to PoK and Pakistan, the holding of the first Conference of Kashmiri leaders from both parts in Srinagar as well as the continuous dialogue between the leaders of India and Pakistan and considers them as important steps on the search for a final settlement of the Kashmir dispute.

Urges all concerned to maintain steady progress on the path of reconciliation.  It also urges the militants in the State to give up violence to help create or propitious environment for settlement.

Strongly of the view that a final settlement shall divert valuable resource from armed confrontation and release them for economic development of both countries and the welfare of their people.

Also feels that a final settlement shall pave the way for the emergence of the South Asian Union to play its due role in world affairs.

Forwarded to PM , 10 Oct., 2005

J&K: Final Settlement of Dispute

Markazi Majlis-e-Amla Resolution, 10 Dec., 2005

The Markazi Majlis-e-Amla

*     Noted widespread and growing confusion in the State of Jammu and Kashmir about its future.  The people are lost between various proposals made by the PDP, the J&KNC, the Hurriyat and by no less a person than the President Musharraf of Pakistan, and vary from internal autonomy under India and Pakistan to joint control of the two countries, from reorganization of the State into ethnic-cultural units with direct relations with the Central Governments to complete independence for a reunited state.  Prime Minister Manmohan Singh has ruled out any partition of redrawing of borders.  However, the Central Government has not begun any collective negotiations with the state political parties on the standing proposal for Autonomy which was endorsed by the Legislative Assembly.

*     Appreciates the softening of the line of actual control to facilitate cross-movement of people and delivery of relief material for the victims of the earthquake but it also knows that softening of borders does not mean melting and good relations are not predicated upon territorial concessions.

*     Reiterates its considered view that a final settlement of the Kashmir problem  is in the long-term and common interest of the people of the Sub-continent which will enable them to devote all their resources and energy to the tasks of rapid development and crystallization of the South-Asian personality.

Forwarded to Home Minister/Presidents, JKNC/JKPDP 10 Dec., 05

Felicitations to Chief Minister

Letter to G.N. Azad, CM, J&K, 2 November, 2005

We offer you our sincere felicitations on your assumption of office as the Chief Minister of Jammu and Kashmir.

This is a challenging assignment and we wish you every success in winning the heart and mind of the Kashmiris and normalizing life in the State and freeing it from the menace of terrorism.

We also hope that the peace process shall not only continue during your term but bring India and Pakistan closer to a final settlement.

Felicitations on Re-election as President, NC

Letter to Omar Abdullah, 20 December, 2005

On behalf of the AIMMM and on my own behalf, I offer you our sincere felicitations on your well-deserved re-election as the President of the National Conference.

We take this opportunity to reiterate our support to your call for serious negotiations by the Central Government with all political parties in J&K in order to reach a final settlement.

In principle we support your demand for restoration of the autonomy of the State as envisaged in the Delhi Agreement, 1953.

Commemorative Stamp of Sk. Md. Abdullah

Letter to PM Dr. Manmohan Singh, 6 Dec., 2005

Sheikh Mohd. Abdullah needs no introduction to any student of contemporary history. His birth Centenary is being celebrated by the Government of Jammu and Kashmir.

We feel that on this occasion, a special commemorative stamp be issued to commemorate his contribution to national unity and communal harmony.

Maltreatment of Biharis in Kashmir

Letter to CM of Bihar, 26 December, 2005

I have already drawn your attention to the need for appointment of Labour Welfare Officers in various State capitals /Metropolitan cities to look after Bihari migrants.

I have just seen the attached frontpage article in the Voce of Kashmir which depict ‘Biharis’ as ‘anti-social’ and as ‘criminals’, who fell trees, dump filth and dirt in water bodies and build their hutments over government land’ and even ‘occupy’ Masjids as Imams. The heading calls for banning the ‘filth’ from the Valley.

As a Bihari, I request you to protect the Biharis migrants who are, in fact, with some exceptions no doubt, serving the cause of development in other States.

Restoration of Students Union & Minority Character

Resolution of MMM, 8 October, 2005

The Markazi Majlis-e-Mushawarat

Considers the delay in the restoration of the Students Union in the Jamia Millia Islamia as unfortunate and requests the Vice-Chancellor to finalize the Constitution and hold the election.

Also recalls the continuing dissatisfaction of the Muslim community and the teachers and students of the Jamia Millia Islamia in particular, with the Act imposed on the Jamia which, while, converting it into a Central University, robbed it of its minority character.  The MMM requests the Central Government to amend the Act in consultation with the University, for restoration of its minority character at the earliest.

Letter to Minister of HRD, 10 October, 2005

.... We draw your attention to our request to the Central Government to amend the Jamia Millia Islamia Act for the restoration of the minority character of the Jamia.

Election to Students Union in JMI

MMA Resolution, 10 Dec., 2005

The Markazi Majlis-e-Amla

·        Welcomes the decision of the Jamia Millia Islamia to hold election to the Students Union after nearly a decade and expresses the hope that it will lead eventually to effective participation of the products of the Jamia in the public life of the country and, particularly, in the affairs of the Muslim community.

Forwarded to VC, JMI, 10 December, 2005

Tribute to Mahmud Hasan Welcomed

Letter to VC, JMI, 22 December, 2005

I have noticed that one of the new gates of the Jamia Millia Islamia Campus is named after Shaikhul Hind Maulana Mahmud Hasan. No doubt it is a fitting tribute to one of the percursors of the Jamia who was also the founder of Jamiat Ulama-i-Hind and a leader of the Freedom Movement.

Foreign Occupation Breeds Terrorism

Letter to The Tribune, 11 October, 2005

Apropos Mr. Sushant Sareen’s article on “Clash of Civilization” (5 August, 2005), he should give reasons in support of his finding that in contemporary Islam, the dominant ‘paradigm is increasingly gravitating towards intolerance and violence’. He may finally end up with the ‘root causes’, the occupation of Arab Palestine by Israel and the repression of the Palestinians in the occupied territories, the invasion of Iraq and with consequent ‘collateral damage’, the destruction of infrastructure and cultural heritage, poisoning of the environment and torture of prisoners and suspects and, above all, the America’s unquenchable trust for oil which leads it to support undemocratic and anti-democratic regimes and to extract unequal terms of trade and investment. All these are like turning knives into the old wounds in the Muslim psyche which have been received during two centuries of Western colonialism in the Muslim world.

Terrorism is not in consonance with the principles of Islam or the teachings of the Quran or the Traditions of the Holy Prophet, which permits only measured retaliation but places forgiveness above retaliation.

Mr. Sareen in this article comes out as a supporter of Western military occupation of the Muslim world and economic exploitation of its non-renewable resources. No one can guarantee that Muslim terrorism shall disappear but anyone with intelligence can say that if the USA vacates Iraq and forces Israel to vacate Arab Palestinian territory and seek a modus vivendi with the Arabs, there shall be a substantial drop in the level of anger and despair which breed terrorism. If the community leadership anywhere pleads with folded hands with its youth to accept injustice and oppression, its appeal will fall on deaf ears and fail to put a stop to the phenomenon of violence

Euro Civilization has Judeo-Christian-Islamic Roots

Letter to The Milli Gazette, 2 December, 2005

The article by Sonia Nettnin in your issue of 1 December, 2005 on Islamo-Christian Civilization appears to be a rather half-hearted and disjointed attempt to face the reality that the European civilization as it exists is a Judeo-Christian-Islamic civilization and should be seen in the light of the common origin of the three faiths in a prophet Abraham and as the culmination of their interaction for thousands of years. Islam, however, was not addressed to any race or region. It is the first world religion, in as much as it addressed the whole of mankind and, therefore, in its movement through the world it has not rejected non-Arab cultural influences which did not violate its essential principle of monotheism. That is why Islam did acquire Persian, South Asian, Malay, Chinese, African complexions. Islam has not been localised, even Arabised, while Christianity has become Europe-centred and Hinduism has remained Indo-centred.

What Prof. Bulliet is trying to achieve is mutual understanding between the West and Islam, which is the need of the moment. But any such accommodation should not ignore the historic influence of Judaism and Judaic civilization which was, in fact, kept alive with the help of Muslim States in the medieval period.

Question of Halal Certification and Export Prospects

I - Letter to Minister of Food, 3 October, 2005

May I draw your attention to the report in the Hindustan Times, Delhi (2 October, 2005) about the use of beef gelatin in an imported food product which is commonly used in cakes, cookies and candies? This is simply unacceptable to the Hindu community just as any pig part (skin, bone or tendon) is not acceptable to the Muslims.

In the USA, the rules regarding indication of ingredients on retail packages are very strictly followed. Some States of the USA have passed laws to indicate whether an edible product, food and milk, as Halal or Haram to caution Muslim consumers.

My request is that the Department of Consumer Affairs and Public Distribution should examine the existing rules and regulations regarding indication of ingredients in the import, production and distribution of all edible products and their application.

II - Letter to M/Health & Family Welfare, 7 Oct., 05

I enclose a copy of our letter to Shri Sharad Pawar, Minister of Consumer Affairs, to take steps to prohibit import and marketing in India of products containing beef as the Orion Choco Pie.

The issue is full and correct labeling and perhaps this falls in the area of responsibility of the Food Division of your Ministry.

We have also raised the question of proper labeling of meat products because Muslims consider non-Zabiha meat as Haram (prohibited).

We hope your Ministry will take urgent action to protect both Hindus and Muslims from incorrect or incomplete labeling of edible products.

III - Reply from M/Health, 17 October, 2005

I am in receipt of your letter dated 7th October 2005 requesting for prohibiting import and marketing of products containing beef as the Orion Choco Pie and also for proper labeling of meat products. The concerned Officer in the Ministry is being asked to look into the matter for appropriate action.

IV - Letter to Minister of Commerce, 25 Oct., 2005

All over the world, there is a rising demand for ‘Halal’ products as Muslims become more aware of their religious mandate and more sensitive to non-Halal products and have increasing product choices. Even non-prasticising Muslims, as you know, are averse to taking non-Halal foods or using any product, even medicine, which has a non-Halal component.

In the West, there is a growing Halal Meat industry. Also some States of USA and Canada have adopted legislation for ‘Halal’ marking on edible products. But the concept of Halal goes beyond eatable products, even shoes, tooth paste, beauty products, floor cleaner, paint brushes, gelatine capsules and innumerable products are being advertised and sold as ‘Halal’.

Malaysia has taken the initiative to build up an export industry for Halal products. It organized International Halal Showcase (MIHAS) in 2004 and again in 2005. It has launched a bimonthly magazine, the Halal Journal, in February, 2005 as its first trade and business publication to serve the global Halal market and covers all aspects of the industry from food, pharmaceuticals, biotechnology to banking. It is estimated that Malaysia’s halal food industry alone is currently worth US $ 150 billion and it could expand fourfold.

Malaysia is building a halal distribution hub in a duty-free transshipment zone in Southern Johor on the Malacca Strait. It has a non-stop Centre for Halal Certification for export to Muslim markets overseas.

India has the biggest or the second biggest Muslim population in the world. Why can’t we develop a Halal Products industry, not only for internal consumption but for export, covering not only edible items but all consumer products which may have a Halal aspect. The preliminary requirement is introduction of a Scheme of Halal Certification.

I suggest your Ministry should study, in collaboration with the Ministry of Food Processing and Ministry of Agriculture, Department of Consumer Affairs, the Malaysian experiment as well as the certification procedures installed in the USA/Canada.

Export Industry for Halal Products

V - Letter to H/Commissioner of Malaysia, 25 Oct., 05

We are glad to know that Malaysia has taken the initiative to build an Export Industry for Halal Products and has introduced a Halal Certification Scheme for edible and other products. In this connection, an International Halal Showcase was organized in Malaysia in 2004 and again in 2005. This organization also issues a bimonthly magazine called “The Halal Journal”. Your Government is also reported to be in process of building up a halal distribution hub in a duty-free transshipment zone on the Malacca Strait.

We would like to have all available information in this regard, particularly the Halal Certification Scheme.

We shall be grateful for your kind help.

Prevalence of Endogamy in Muslim Groups

Letter to Mohammad Ameen, 3 December, 2005

Your email of 30 November, 2005.

The point raised by Masood Alam Falahi is valid. Endogamy within a chosen section is one characteristics of untouchability, which still prevails among Muslim Indians, normally in the form of marriage within the baradari, within the sect or within the economic class or social standing. Sometimes in pursuit of common class or standing, a family may break through the baradari and sect barrier and even between the so-called Ashraf and non-Ashraf. But it is still rare, almost as rare as inter-faith marriage.

You have made a good suggestion but refusal to mention caste or sect in advertisement will not change the social situation. What is needed is a religious campaign to undo the damage done by the much propagated and accepted doctrine of ‘kufv’.

No Deviation from Shariat Law

Letter to Mufti Mohd. Mukarram, 7 October, 2005

Some one who has read your interview in the Hindustan, Delhi, 18 September, 2005 has written a letter in Quami Awaz (29 September, 2005). Frankly, the statement attributed to you weakens our case for respect for Shariat-based law. Specially, on a matter directly related to a Quranic text, our case will fall flat.

I request you to correct your statement. The issue of sanctity of personal law is essential to the survival of the identity as a Muslim community.

You are definitely aware of the right of an owner to will upto 1/3 of his property as he pleases or to distribute it as he likes in his life time. However, if he dies intestate, the Shariat Law must apply. In any case, the Muslims should not be legally obliged to follow a common law.

Need for Secular Consolidation

Letter to INC President, 3 November, 2005

As you must be aware, the BJP, led by Chief Minister Narendra Modi, scored in the Ahmedabad Municipal Elections winning 96 out of 129 seats and 28 out of 43 wards, wresting control of the Corporation from the Congress. It appears that the progress of the BJP has been steady since 1995 in terms of % of votes although the turnout has steadily decreased.

Since the BSP and the NCP were also in the field (neither scored any win) it is possible that, as usual, there was a division of secular votes. The results need to be carefully analyzed to establish:

a)   the reason for the loss of the seats held by the Congress and the overall fall in the Congress vote;

b)   the margin of BJP victory in seats in which the BJP and Congress were pitted directly against each other with the % of votes of NCP/BSP candidates(s), if any.

Further, the Ahmedabad results should be examined in the light of PRI elections held on 25 October.

The BJP, in particular, the Modi Government is crowing about the Ahmedabad victory as a forerunner of a sweeping victory in the next Assembly election.

May I humbly suggest that as the major secular party in Gujarat, the Congress take the initiative to form a Gujarat Secular Front, to bring together all other secular parties and NGO’s in the State?

Causes of BJP’s Victory in Ahmedabad

Letter to MMM, Gujarat, 3 November, 2005

The BJP which registered a resounding victory in the Ahmedabad Municipal Elections on 13 October, winning 96 out of 129 seats and 28 wards out of 43, is claiming that a section of the Muslims voted for them. I would request you to check and let me know whether this claim is based on fact and, if so, to what extent.

Although the turnout was only 30.39% against 39.35% in 1995 and 32.88% in 2000, the BJP vote has grown to 50.16% against 39.24% in 1995 and 43.18% in 2000. Why?

I would be grateful for your early reply.

I hope you are better now and on way to full restoration.

Birthday Felicitations

Letter to INC President, 9 December, 2005

On my own behalf and on behalf of the AIMMM, I offer you my sincere felicitations and cordial greetings on your birthday.

We also offer you our best wishes for many more years of enlightened leadership to the INC/United Progress Alliance.

Muslim Status in Gujarat

Letter to INC President, 16 December, 2005

You would be shocked to know that there are almost no Muslims in Gujarat in elected position  from Panchayats to Parliament! Apart from being ousted from political position, they have hardly any representation in the bureaucracy or the police. Indeed the latter have been with hunting Muslim as terrorists. Socio-economically they are in the lowest bracket.  Because of religious bias, they are forced to live in their ghettos.  Indeed Gujarat has become the majoritarian state of the Sangh Parivar’s dream.

As the party which the Muslim of Gujarat have been constantly supporting, it is the duly of the Congress to bring them out of the well of depression. The Congress must evolve a strategy. The Congress cannot afford to compete with the BJP for Hindu votes but presents a secular alternative to the people of Gujarat who have not all become Golwalkar’s chelas. You may like to consult Ahmad Bhai and Irshad Baig.

Gujarat - A Majoritarian State

Letter to Juzar A. Bandukwala, 16 Dec., 2005

I have read your letter in Times of India, Ahmedabad, 14 December, 2005. Gujarat has become a majoritarian state. I do not think without due political empowerment, Muslim Gujaratis can improve their overall status. There is no alternative to political representation and place in administration. These are internationally guaranteed rights. Please apply your mind on possible political strategy  to raise participation in political and administrative structure.

Constraints on Economic Dev. of Muslims

Letter to A.J. Kalota, 26 December, 2005

I have a copy of your representation to the Prime Minister on denial of electricity and other essential inputs for economic development to the Muslims of Godhra.

I do not think the Government of India can do anything in the matter.

If many Muslims firms have been disconnected since February, 2002 or if the Muslim localities had to suffer more days of non-supply, you may make out a prima facie case of discrimination but that is not enough to implicate the CM.

Those harassed should record their protest in writing by writing to Minister of Power of Gujarat and to the Chief Minister. Then they can approach the courts for judicial redress.

‘JUSTICE’ in Gujarat

Letter to Iqbal Mirza, 17 September, 2005

On 13 September, 2004, 2 Muslims have been sentenced to life imprisonment along with 5 others for 2 years, apart from fire, for killing one Hindu during the Gujarat disturbances on 9 November, 2002.

Since the Jamaat-e-Islami, Gujarat and the Islamic Relief Committee were keeping a tab on the progress of criminal cases, I request you to obtain the list of criminal cases related to the Disturbances which have been decided so far with the names of the accused and information on their acquittal or punishment.

Jan Vikas Activities Supported

Letter to Jan Vikas, 22 October, 2005

We are delighted to learn about the activities of Jan Vikas for the Muslim community of Gujarat. I wish all NGOs at the national level realize the ‘blind area’ which the Muslim community constitutes for them and try to remedy the situation. We also feel that Muslim youth should be encouraged to come forward and participate fully in social activities which affect the welfare of all citizens.

At the professional level, the NGO’s should try to utilize the services of Muslim lawyers, doctors and chartered accountants and involve them in general activities and also use them for contact in Muslim areas.

We fully agree with your identification of education as the major area of concern. However, we would request you to strive for establishment of more government primary and high schools and ITC’s in Muslim concentration villages or urban wards in accordance with national norms. Also at high school level, Muslim girls avoid enrollment in co-educational institutions. So girl high schools are a must.

You need not bother about Madrasas and Maktabs. The community can and should run them on its own. Also they are changing their curriculum and teaching method so that their products are more employable and at each terminal stage (like class V and class X) their students can join the educational mainstream.

We appreciate what you are doing. We wish you and your colleagues all the blessings of the holy month of Ramadan.

Formation of Muslim Relief Committee Needed

Letter to A.J. Kalota, 26 December, 2005

Please refer to your letter of 18 November, 2005 to the Prime Minister (whose copy you have sent to me) regarding the non-payment of any ex-gratia relief to the victims of bomb blast on 28 October, 2005.

I suggest that the families of the victims should jointly approach the National Human Rights Commission for a suitable order to the Government of Gujarat. They should also approach the National Commission for Minorities.

Why can’t you form a Godhra or Panchmahal Muslim Relief and Welfare Committee to take up such cases?

BJP Propaganda about Police Firing

Letter to Shakil Ahmad, IRCG, 7 November, 2005

The BJP says that nearly 200 Hindus fell to police bullets during the 2000 Massacre, 3 times as many as Muslims. Is this correct?

Has the State Government published a list of those who fell to police bullets, Hindus and Muslims?

Or has such a list been placed before the Nanawati Commission of Inquiry?

I would be grateful for your reply.

Muslims Non-Cooperation with HR/TU Activists

Letter to SG, JIH, 11 November, 2005

Shri Mukul Sinha, an eminent lawyer and active in the human rights and trade union movement in Ahmedabad, has taken up many cases related to Gujarat Massacre. He is a leftist. He worked with JUH (Islamic Relief Committee). Some friction appears to have developed. I quote from an interview he recently gave:

“Dalits and Muslims live together in slums in urban areas, so even a small skirmish can always end up in a giant conflagration with the active instigation of Hindutva groups. Yet another factor is the role of certain NGOs that claim to be working among Dalits but which have totally depoliticised the Dalit youth associated with them.... Several of them, as well as groups such as the Jama’at-i Islami, stiffly opposed my proposal that cases lodged during the 2002 violence that involved Dalits and Muslims and related to relatively small issues such as stone-throwing, as opposed to major cases such as murder, be dropped in order to promote reconciliation between the two communities. They even accused me of working for Modi!

The Jama’at-i Islami was never happy with our work among Muslim workers, since they are vociferously anti-communist and pro-capitalist, as is clearly evident in their literature. They were also stiffly opposed to our working among Muslim women, hundreds of who come for our meetings and rallies. To some Jama’at-i Islami leaders we were ‘Hindus’, and, by definition, therefore, our intentions were seen as suspect. They even probably thought that we were ‘misguiding’ their women by encouraging them to come out on the streets in protest demonstrations. So, they went around telling people that we were ‘Hindu agents’. They even told this to the family members of Muslim POTA detainees whose cases we had taken up.”

To promote Dalit-Muslim understanding and unity should be our major objective and we should utilize the services of all men of goodwill, without suspecting their intention.

You may like to speak to Dr. Shakil Ahmad and ask him to call on Mukul Sinha to remove his misunderstanding.

Suggestions and Proposals for the Development of the Muslim Community

Letter to Minister of Finance, 29 Dec., 2005

We requested you for an appointment on 28 November, 2005 but since we have not been able to see you, I submit to you on behalf of the All India Muslim Majlis-e-Mushawarat a Memorandum containing some suggestions and proposals for the Development of the Muslim Community.

We request you that our suggestions and proposals may please be considered with sympathy and incorporated in your budget speech and budget proposals to the maximum extent possible.

Text of Memorandum to P. Chidambaram, Minister of Finance

With due respect, the All India Muslim Majlis-e-Mushawarat (AIMMM) seeks the kind and sympathetic consideration of the Hon’ble Minister of Finance of the national importance to promote the development and progress of the Muslim community, which as a community, constitutes an economically and educationally and, therefore, socially Backward Class. Although no all-India whole universe survey has been done, by any economic or educational parameters, its overall status is close to that of the SC and the ST. This has been brought out in several random surveys, particularly the surveys conducted by the NCAER and the National Statistical Organization.

Under the Common Minimum Programme of the UPA, the Central Government has set up two official bodies, the National Commission for Religious and Linguistic Minorities and the PM’s High Level Committee for Muslim Welfare. This indicates that the Government is conscious of the backward status of the community and is exploring ways to lift it from the well of depression and consequent frustration and alienation.

Promises in 2005-06 Budget:

In his Budget Speech (2005-06), the Hon’ble Minister of Finance had devoted several paragraphs (26 – 29) to the uplift of the minorities and proposed, inter alia, increased capital support for the National Minorities Finance and Development Corporation, location of some new schools and anganwadis in the Muslim concentration areas, central assistance for teaching of Urdu at primary level, expansion of coaching schemes to enrollment in reputed private coaching institutes (Text attached).

The AIMMM, however, doubts that any of these assurances have been substantially fulfilled as no data have been released by the authorities concerned. Moreover, it is of the view that these proposals are no more than of token or symbolic value, and that to lift a backward community of 150 million, which forms nearly 15% of the national population, a more systematic and organized approach is called for, even to raise it at least to the level of national average in per capita income and number of university graduates per 1000, to take only two essential parameters.

Inclusion of Muslims among Weaker Sections:

In principle, the AIMMM would request the Hon’ble Minister of Finance to include the Muslim community in the definition of ‘Weaker Section’ so that it enjoys parity with other weaker sections and deprived groups like the MBC’s, the SC’s and the ST’s.

Equitable Share of Development and Welfare Benefits:

As a consequence, the Government shall be morally bound to institute parallel but separate schemes for the community on the lines of those already instituted for the SC/ST. For example, in the field of education, the financial support extended to the SC/ST students should also be extended to the Muslim students. This means that there should be common schemes but within the total annual outlay, benefit should equitably divided among various Backward Classes.

The Government should direct, as a general principle, that the benefits of all development and welfare schemes which envisage individual beneficiaries shall cover Muslims living in the operational area, village, panchayat, mahalla, block, town and district, in proportion to their population therein. The AIMMM requests that a directive to this effect should be included in the Guidelines for the implementation of such plan schemes.

Institutional Support:

If such a directive is issued, there is no need for the creation of Muslim Component Plan on the lines of the existing Plans for the SC and the ST which has been on the agenda since the late 90’s.

As regards institutional support, the AIMMM requests that in the Budget for 2006-2007:

a)   The Maulana Azad Educational Foundation should receive a budgetary support of Rs. 100 crores for providing non-recurring financial assistance for development of infrastructure to Muslim educational institutions such as secondary and higher secondary schools, technical high schools and post-secondary industrial training institutes, the construction of boys and girls hostels.

b)   The paid up capital of the National Minorities Finance and Development Corporation should be raised to Rs 500 crores in line with the assurance given at the time of its formation.

c)   A Central Wakf Development Fund be created with a corpus of Rs.500 crores for the commercial Development of Urban and Rural Wakf Properties, with a phased grant of Rs.100 crores every year.

d)   The annual recurring grant to National Council for the Promotion of Urdu Language be raised to Rs. 25 crores.

      In addition, a National Urdu Education Fund be created with a corpus of Rs.100 crores for financial assistance to Urdu-medium primary and Urdu-teaching secondary schools, to the National/Indira Gandhi Open University to have its diploma and degree courses in Urdu and to the Maulana Azad National Urdu University. It may be kept in view that Urdu is not spoken only in Bihar and UP but all over the country. Urdu is not the principal language of any State. Nevertheless, as a pan-Indian language, it depends almost wholly on the Central Government for its survival and development.

e)   A Madrasa Modernization/Reorientation Fund be created to enable Madrasas to appoint teachers for English, Hindi, Science and Mathematics at the school level.

(f)   The AIMMM is of the view that the Scheme of Pre-examination Coaching Centres urgently needs a basic change as envisaged last year by the Hon’ble Minister. Instead of universities and colleges being supported to organize coaching classes, students selected on merit should be aided to enroll themselves in established coaching institutes for pre-professional admission tests as well as for State and Central Civil Services and Staff Selection Examinations. The nodal ministry should be Human Resource Development so that a common programme may be organized with equitable distribution of available resources for enrichment to different Backward Classes and Weaker Sections.

Nomination to Financial Institutions/Government Bodies:

The AIMMM regrets to note that the Ministry of Finance has a very poor record of placing qualified and eminent Muslims on the Boards of Directors of the RBI and the Nationalized Banks as well as other PSU’s under its control. The AIMMM pleads that all financial and administrative institutions and government bodies should have due representation of all major social groups, including the Muslims.

Establishment of Ministry of Minority Welfare:

The AIMMM requests the Hon’ble Minister of Finance also to support its proposal submitted to the Hon’ble Prime Minister for the establishment of a separate Ministry for Minorities’ Welfare and of a Joint Parliament Committee on Minorities Welfare to monitor the progress and development, as in the case of the SC and the ST.

The AIMMM requests the Hon’ble Finance Minister to kindly consider these modest suggestions and proposals with sympathy.

Suggestions for Budget, 2006-2007

Letter to Bashiruddin Babukhan, 23 Nov., 2005

Thank you for your letter of 16 November, 2005 and for the attached copy of your letter to the Finance Minister.

Apart from my reservation on the proposal of having a Minorities Component in the Budget like those for the ST/SC, I am in complete agreement with you.

In principle, we should demand inclusion of Muslims in the definition of ‘Weaker Sections’ and, therefore, complete parity with other weaker sections like SC, ST and MBC’s. This parity can be achieved in two ways:

a)   by introducing separate but similar schemes for Muslims as for SC/ST;

b)   by introducing a sharing of benefits of all schemes relating to welfare and development with individuals as targets, with Muslims in proportion to the population at the operational level.

I shall request the Finance Minister for an appointment for a Delegation of the Mushawarat and would like you to join it.

On National Integration Council

Resolution of MMM, 8 October, 2005

The Markazi Majlis-e-Mushawarat

Welcomes the revival and reconstitution of the National Integration Council.  But proposes that to make it more effective statutory status be granted to the Council and  that its resolutions and statements and also of its Committees are followed up.

Also suggests that in future the meetings of the Council should have a structured agenda to deal with specific problems which come in the way of national integration.

Also suggest that all its statements, resolutions and decisions since its inception be compiled and published for reference.

Forwarded to M/Home Affairs, 10 October, 2005

Universalization of Health Service

Letter to M/Health and Family Welfare, 6 Oct., 2005

The All India Muslim Majlis-e-Mushawarat (AIMMM) fully supports your proposal for a compulsory stint for doctors in rural areas with additional pay and for raising the age of retirement for those in government service and decentralization of recruitment. We feel that all these steps will go a long ay to enable the government to universalize delivery of medical assistance, particularly in the rural areas. In certain States, even the doctors and para-medical staff posted in rural areas simply do not attend the PHCs/CHCs, they make, if at all, a token visit. The lady doctors and their female support, say that they find it difficult to live in the interior areas with which they are not familiar.

If the health delivery system is truly decentralized, the doctors and the para-medical staff shall be recruited by the Panchayat authorities for specific areas. However, the problem will arise because the country is, on the whole, short of female specialists/doctors/para-medical staff. Over a period of time, therefore, the Ministry should have a programme to subsidize the education/training of one or two girls from every village after high school as para-medics to serve as nurses and midwives in rural areas with guaranteed local appointment for the PHC/CHC.

As for the lady doctors, a person of local origin may be posted, if available, or she may be permitted to reside in the nearby district or sub-district headquarter.

Decommunalization of Legislatures

Letter to Fali S. Nariman, 8 October, 2005

I welcome your Private Member’s Bill No. XXX of 2004 introduced in the Rajya Sabha on 24.3.2005. I have noted that the Bill raises a bar against a person’s eligibility to contest when a competent court has framed a charge against him in respect of a particular category of serious offence.

I suggest that you seek the pleasure of the House to give it out-of-turn and urgent consideration in view of the seriousness of the problem it aims to tackle.

Haj Charter Fare, 2006

Letter to MOS for Civil Aviation, 2 Dec., 2005

The Cabinet is reported to have fixed the return fare payable to the Haj carriers namely Air India, Indian Airlines and Saudi Arabian Airlines at $745/$819, depending on the place of embarkation.

We would be grateful to know how these fares have been arrived and what proportion they make of the current IATA fare.

High-rise Tenements for Displaced Persons

I - Letter to Delhi CM, 28 November, 2005

The All India Muslim Majlis-e-Mushawarat (AIMMM) appreciates the decision of your Government to build high rise tenements for relocating Jhuggi dwellers. This experiment was first undertaken in France but after 60 years, it has also given rise to ghettos rampant with unemployment and alienation. We know the consequences. These must be avoided..

I have been speaking of this idea for some time. I spoke to the Lt. Governor when I had met him and also to Soniaji in connection with the large-scale slum clearance in Mumbai undertaken by the Maharashtra Government just before the rains.

My view is that apart from reducing the estimated cost which appears to be on the high side, the resettlement/relocation sites should not be far from place of employment because the cost of transport will eat up a large proportion of the earning of the inhabitants. Alternatively, relocation sites should be such as to generate alternative avenues of employment.

If a big slum is cleared, perhaps a part of it could itself be used for such resettlement, by converting horizontal spread into vertical rise.

II - Reply from Delhi CM, 16 December, 2005

I have your letter dated November 28, 2005 giving your views on the decision of the Government of NCT of Delhi to build high rise tenements for relocating Jhuggi dwellers.

Your suggestions are welcome. Infact, we are already considering all these aspects in the new Slum Policy. I have, however, forwarded your letter to my colleague, Dr. A.K. Walia, Minister of Urban Development, for necessary action.

Representation of Muslims in Higher Judiciary

Letter to Minister of Law, 15 December, 2005

We are glad that in your letter to the Chief Justice of India you have reiterated Smt. Indira Gandhi’s suggestion to have due representation of SC, ST, OBC’s and Minorities in the high judiciary. However, the Government is tight lipped about their present status, High Court-wise. Unless you indicate the shortfall and set a phased target, the situation will remain unchanged.

Speaking of Muslims in the high judiciary, if the sanctioned strength of high court is 675 + 51 = 726, there should be about 95 Muslim judges. I doubt if there are even 25! Even in States with Muslim concentration like UP, West Bengal, Maharashtra, Karnataka, Assam, there are very few.

Perhaps in Andhra Pradesh, Bihar and J&K Muslims are better represented.

I know you really wish to give the deprived their due. But a letter to the CJI alone will not do. I wish you would ensure that in every batch of recommendations you receive for any High Court, all sections hitherto under-represented get adequate place so that the gap is reduced.

Muslims in M/SWE Institutions

Letter to A.I. Milli Council, 12 December, 2005

One resolution adopted by the All India Milli Council at its Jaipur Session related to ‘Low number of Muslim Members in the Institutions run by the Union Ministry of Social Justice and Empowerment’.

These institutions are the Central Wakf Council, the Maulana Azad Education Foundation, the NMDFC and the Minorities Commission. The last two have not yet been reconstituted.

We would be grateful for a copy of the Resolution.

Proposal for A.I. Muslim Educational Board Criticised

Letter to Jamaat-e-Islami Hind, 13 October, 2005

Thank you for your letter of 12 October, 2005 regarding the proposal for formation of All India Muslim Educational Board. The writer has confused several aspects:

1.   Possibility of the Muslims running a parallel educational system, particularly at secondary and higher secondary level, throughout the country under Article 30(1) of the Constitution. This is impossible.

2.   Possibility of forming a supplementary Muslim Secondary Board, on par with State Boards, the CBSE and the ICSE. This should be tried but it will need recognition of its results by the Government for employment and by the universities for higher education. This will be an uphill task.

3.   Need for a pressure group, like the defunct All India Muslim Educational Conference or Society to monitor the problems faced by the Muslim community in the general educational system at various levels and in exercising the right under Article 30(1) of the Constitution.

4.      Need to Resolve Problems faced by MIE’s. This is an urgent need. This can be separately and more effectively done, by a Federation of Muslim Minority Institutions and a Confederation of Minority Educational Institutions, State-wise. This should be tried.

5.      Establishing Muslim Universities: This can be done even now but Private Universities, like the Integral University, Lucknow, it will require statutory backing.

Conditions for Entry of Foreign Universities

Letter to Minister of HRD, 14 December, 2005

It appears that the Ministry of HRD is formulating a new law to deal with foreign universities as distinct from indigenous private universities which wish to establish a campus in India. The foreign universities shall be free to have their own syllabus and fee structure, to appoint the faculty and admit students, subject to reservation for SC, ST and OBC’s. They shall be free of the regulatory control by the UGC or professional bodies like the AICTC.

I am compelled to ask the question: What is the need for foreign universities when our universities are competent to teach all modern subjects? For doctoral and post-doctoral research, the demand is limited and there is no restriction on students going abroad for research to a university of their choice.

Secondly, who needs and stands to benefit from such facilities? Obviously the elite only who can pay the fees which will be much higher. But because of brand name, even moneyed mediocres who get a ‘foreign’ degree at home. They will monopolise openings in domestic employment, particularly in multinationals and their Indian collaborators. This will have a negative social impact.

I strongly urge you not to open the doors wide except to a few selected universities with research programmes of relevance to India for doctoral and post-doctoral level in latest technologies which have not yet dug roots in India.

On Proposed Amendments to NCMEI Act, 2004

Resolution of MMM, 8 October, 2005

The Markazi Majlis-e-Mushawarat

Welcomes the draft bill to amend the National Commission on Minority Educational Institutions to make it more effective in removing the obstacles in the path of exercise of their educational rights by the minorities under Article 30 of the Constitution.

Expresses the hope that the Bill shall be passed at the coming Winter Session.

Comments on Proposed Amendments

Letter to Chairman, NCMEI, 15 Dec., 2005

I have gone through the ‘amended’ contents of the National Commission for Minority Educational Institutions Act, 2004 which you had left with me.

Recommendation 9.2 of the Parliamentary Committee is axiomatic.

Recommendation 9.3 is too wide. Misuse is not so much in recognition and affiliation as in commercialization which falls in the domain of the Supreme Court and the State Government. This is little that the Commission can do, except to examine the complaints or grievances of the minority community itself in whose name the MEI obtained its recognition.

No Justice to Urdu/Minority Languages in NCF

Letter to Director, NCERT, 17 October, 2005

The revised National Curriculum Framework (NCF), 2005 you sent me does not remove our concern about the place of Urdu in the Secondary Scheme for Teaching Languages under the Three Language Formula.

The document pays lip service to the importance of the Mother Tongue. But the NCF 2005 states in para 3.1.1: ‘The Three Language Formula needs to be implemented in its spirit’.

Why not ‘in letter and spirit’?

Why doesn’t the NCF give a clear indication of the content of the Three Language for the Hindi and the non-Hindi States?

2.   The NCF states: ‘In the non-Hindi states, children learn Hindi’. This is fine for the children whose M.T. is the Principal Language of the State who will learn Hindi as Second Language. But what about the children who belong to linguistic minorities, e.g. those whose Mother Tongue is Urdu. They should be able to learn the Principal Language of the State as the Second Language.

3.   The NCF states: ‘In the case of Hindi states, children learn a language not spoken in their area.’

There are 2 objections:

First, shouldn’t the children whose Mother Tongue is a minority language learn Hindi as the Second Language?

Secondly, why should the children whose Mother Tongue is Hindi be debarred from learning the minority languages spoken in the State like Urdu, Bengali, Nepali, Santhali in Bihar which would be socially and occupationally useful to them throughout their life.

4.   The NCF states: ‘Sanskrit may also be studied as a MIL in addition to these languages’. It is not clear, as Second Language or Third Language or as a Compulsory 4th Language?

5.   Para 3.1.2 focusses on ‘Home Language’. Why does it not use the word Mother Tongue. The home language may be a dialect or a mixed language. This shift raises the apprehension for the Urdu-speaking community that their children, in Hindi States at least, will be categorized as Hindi-speaking which sets the stage for the absorption of Urdu in Hindi.

We feel that Mother Tongue, as declared by the parents, should have a specific place in the Formula as First Language, for all children.

6.   Finally, Second Language has been made synonymous with English. English has been upgraded!

This militates against the universalization of Hindi as the link/national language.

This also militates against the universal aspiration of linguistic minorities that their children should also learn the Principal Language of the State including Hindi in Hindi-States.

Thirdly, this also eliminates the possibility of learning classical language in lieu of English.

We feel that English should be taught as the Third Language alongwith classical languages as optional languages.

7.   To sum up, the Language Scheme of the NCF caters to the needs of the major linguistic group of each state and particularly their elite, while it simply omits to consider the legitimate needs of the linguistic minorities in all States.

We think that the NCF is not fair to linguistic minorities and needs to be revised.

More Schools Needed in All Muslim Areas

Letter to Minister of HRD, 8 October, 2005

We are glad to know from a press report that the Ministry of Human Resource Development plans to set up more schools in Muslim dominated areas.

We suggest an educational survey by the appropriate authorities of all Muslim concentration Panchayats, Blocks as well as urban Wards/Mahallas to record the level of deprivation in terms of primary, middle and high schools in relation to the national norms so that the local educational authorities may formulate a plan for establishing more schools and filling the deficiency.

We also suggest that the question of modernization of Madrasas should be treated separately and in any case private Madrasa, aided or unaided and even ‘government’ Madrasas (as in Bengal and Assam) should not be counted against the requirement of schools.

Progress of Sarva Shiksha Abhiyan

Markazi Majlis-e-Amla Resolution, 10 Dec., 2005

The Markazi Majlis-e-Amla

·        Concerned about reports from the grassroots level that very few government primary schools, have been established so far in Muslim concentration areas under the Sarva Shiksha Abhiyan and calls upon the Union Government to send a special directive to the states to ensure coverage of hitherto deprived areas and monitor its implementation, block-wise.

Forwarded to Minister of HRD, 10 Dec., 2005

Recognition of Arabic/Persian as Classical Languages

Letter to Minister of HRD, 28 October, 2005

Since my school days, I have grown up with the notion that Sanskrit, Arabic, Persian and Pali are our Classical Language.

Recently Tamil was declared to be a classical language because in fact its literature is as old as, if not older than, that of Sanskrit. We are told that Telugu and Kannada are in the queue.

Now the Cabinet has decided to formally declare Sanskrit itself as a Classical Language. Sanskrit is not a living language in the sense that it is spoken by not more than a handful of people. But if any language deserved the status, it is Sanskrit. Indeed, since independence both at the central and state levels, systematic efforts have been made to revive and promote its use in school and Pathshala education and research at the university level. This has raised the question about the formal recognition of Arabic, Persian and Pali as Classical Languages.

I request you to consider their cases.

Protect Anjuman against Hostile Propaganda

Letter to President, Anjuman-e-Islam, 30 Nov., 05

You must have seen the Asian Age editorial of 21 November, 2005. I strongly advise you to make a detailed statement on this aborted deal which would answer all the questions the editorial raises. The Anjuman-e-Islam, Bombay is a great heritage and a valuable asset of the Muslim community and nothing should be allowed to besmirch its representation.

Elimination of Class X Board Examination

Letter to Minister of HRD, 12 November, 2005

We are not aware of the final recommendations of the CABE on the proposal to do away with class X Board examination proposal. We seek to place our views before you.

We have come to the conclusion that the abolition would not be in the interest of the vast majority of school students who come from the lower strata of society. Any survey would establish that a vast majority of them enrolled in schools drop out and the proportion of children from this group who reach X is much less than those of the higher strata.

However, there are two positive factors: there is an increasing recognition of importance of school education by the masses and secondly, the country has introduced Sarva Shiksha Abhiyan. All parents, howsoever poor, cannot bring themselves to bear the marginal expenditure on education upto class X in the hope that their children who somehow make it to Class X shall, at the end of it, have an educational Certificate in their possession which would be an invaluable and, therefore, long term asset, which can be useful throughout the country. The certificate of completion of X class by schools will not be comparable to the Secondary Examination Certificate issued by a recognized Board.

We have noticed that the entire debate on the question has revolved around the children of the upper strata on the presumption that 100% will go on beyond X to complete higher secondary. Many facile arguments were put forward which have no meaning or relevance for the masses, who need to be brought into the educational stream.

We, therefore, oppose the elimination of Class X Board Examination, even if there is a nationwide consensus to amend the Constitution to raise the duration of free and compulsory education to 18.

We also feel that XII Examination should also continue because it sets a common national standard so that the students studying in high cost and well-known public schools do not enjoy the advantage of acceptance for admission to higher education and professional courses.

Educational Facilities for Deprived/Backwards

Letter to Minister of HRD, 22 December, 2005

You may kindly recall my request to you that all educational schemes for the SC and the ST should be transferred from the Ministry of Social Justice and the Ministry of Tribal Affairs to the Ministry of Human Resource Development so that common and uniform schemes can be formulated and administered for the educational development of all deprived groups and particularly for those who belong to families whose family income is below the national average.

Such universally applicable schemes will largely benefit the SC and the ST but also the poor sections of the OBC’s, the minorities and even the upper castes.

The Government plans to institute fellowships for SC (and ST) students pursuing M.Phil and Ph.D. courses to prepare them for teaching or scientific jobs. It has been brought out that the % of SC students studying for M. Phil. or Ph.D. is 5.8% of those enrolled i.e. about 1/3 of their proportion in population. The ST’s are perhaps worse off.

I am certain that detailed investigation will bring out that the % of OBC’s and Muslims is also very low as compared to their population.

There is thus a good reason to extend the Fellowship Scheme to all sub-groups among the OBC and Muslim who are under-represented in research or teaching.

I request you to consider either the universalization of the Scheme or coverage of deprived OBC and minority groups under the Scheme.

Communal Violence in Mau, UP

Letter to Kaleem Kawaja, 17 October, 2005

Your email of 16 October, 2005.

We understand that the Rashtriya Hindu Vahini, an organization headed by Mahant Adityanath of Gorakhpur, a BJP MP, is behind the pre-planned attack on Muslims life and property in Mau. This Vahini is active all over eastern UP. I had drawn UP Government’s attention and asked it to ban it and keep an eye on its activities and public speeches by its leaders. But no action was taken. However, CM has already removed 5 top civil and police officials including Commissioner, DM and , DIG and also announced some ex-gratia payment.

You should demand:

a)  Ban on Vahini and arrest of local Vahini leaders and activists;

b)  Suspension of officers-in-charge of thanas in the affected areas;

c)  Manning of sensitive thanas by mixed personnel

d)  Ex-gratia for loss of life and limbs on Delhi model.

e)  Full compensation for properties destroyed on substitution basis.

f)          Punitive fines on affected mahallas except the targeted community.

Hindu Yuva Vahini’s Communal Activities

Letter to CM, UP, 11 October, 2005

May I draw your attention to the emergence and activities of Hindu Yuva Vahini in Gorakhpur and neighbouring districts of UP. In its propaganda campaign, it is widely using music cassettes on major roads of cities and towns and on national highways. This is causing much fear and apprehension among Muslims and tension in the region. Yogi Aditya Nath, MP, is the founder. He is known for his anti-Muslim rhetoric.

We request you to instruct the district authorities to keep an eye on the activities of this organization and to stop the public playing of objectionable cassettes and to record all speeches by the Yogi and the leaders of the Vahini for legal scrutiny.

Communal Situation in Uttar Pradesh

MMA Resolution, 10 Dec., 2005

The Markazi Majlis-e-Amla

*  Expresses its deep concern at the worsening communal situation in UP, particularly at the cauldron simmering in eastern UP which recently overflowed into the human and economic tragedy in Mau.

*  It is a matter of regret that the State Government has not curbed the Hindu Yuva Vahini, floated by the BJP MP Adityanath which is preaching hatred and violence all over the region and vitiating the social environment.

*  Demands that the Vahini be banned and all pubic speeches by its founder and other leaders be monitored, scrutinized and subjected to legal action.

*  Also hopes that the State Govt. shall take urgent steps to identify and prosecute the culprits of Mau and to rehabilitate the hundreds of bunkar families ravaged in riot.

Communal Violence in East Champaran

Letter to CM Bihar, 14 December, 2005

The murder of 5 Muslims in Tirkolia in East Champaran has caused an environment of fear and tension in the region.

I request you that a SIT should be constituted to undertake urgent investigation, identify the culprits and charge-sheet them.

Recommendations for Urgent Action in MAU

Letter to UP CM, 15 November, 2005

The All India Muslim Majlis-e-Mushawarat Delegation visited Mau on 9 November, 2005 and saw all the riot-affected areas including the rural areas in the outskirts of the town which were totally devastated. The Delegation spoke to the affected people of all communities and the community leaders, discussed the situation with the administration and held a press conference.

Despite night curfew life in the town appeared to have resumed its normal course but the people in the bunkar colonies of Alinagar and Chhutki Rahjania were still in a state of terror. We are preparing a detailed report and shall submit it to the Neeru Yadav Inquiry Committee, when it starts functioning. So far the Committee has not been fully constituted. Nor has the Chairperson visited the town.

Through this letter to you, we are placing our recommendations for urgent and immediate action. We presume that you appreciate the likely impact of Mau violence on the state as a whole, particularly in eastern UP.

We apprehend that with full support of the Sangh Parivar the Hindu extremists are trying to sow discord all over the state, polarize the people on communal lines and dislodge secular forces from power.

1.  We urge you to ban the Hindu Yuva Vahini, founded and led by Mahant Adityanath which is using all possible means to set eastern UP on fire. Its activists were the main catalysts of violence in Maul. It deliberately turns any friction anywhere into a conflict. We particularly urge you to direct district administration to videograph every public speech by the Mahant and his local leaders all over the State.

2.  We urge to take note of the role of the PAC which has lived up to its old tradition by looking the other way when Muslim bustees were attacked by mobs in broad daylight in its presence and joining with them in looting and beating the residents. 

     We urge you that the personnel on duty in Alinagar on 14, 15 and 16 October, 2005 should be identified, suspended and prosecuted. 

     We also urge you to reorganize the PAC with 25% Muslims and 25% Dalits, under a composite command structure.

3.  We urge you to initiate departmental inquiries against the ex-Commissioner, the ex-DIG, the ex-DM, the ex-SP and the ex-C.O.  who were so promptly suspended by you.  No doubt the Mau violence resulted from administrative failure marked by their inefficiency and insensitivity.

4.  We urge you to instruct the district administration to search intensively the neighbouring villages and recover stolen property. Their people formed mobs and torched the Muslim villages, stole powerlooms, hand pumps and other articles and ransacked those which could not be destroyed.

5.  We urge you generously to  compensate the affected people for the loss of their means of livelihood, on the basis of substitution, and for the full cost of repair of the burnt houses.

6.  We urge you to sanction the repair of Masjids, Madrasas and all other places of religious significance which have been damaged during the disturbances.

7.  We urge you to direct the administration to review the detention of the innocent youth on false charges and identify and arrest the real culprits, particularly the persons who incited the people, organized mob attacks, looted and removed stolen goods.  We urge you to set up a Special Court in Mau for their trial.

8.  We urge you to direct the administration to scan the press reports about Mau disturbances and identify local media-persons who made highly exaggerated and even baseless and concocted reports and take action against them in accordance with law.

9.  We urge you preferably to post either a Muslim DM or SP, in all communally sensitive districts. We urge you to introduce all over UP composite staffing of the Thanas of mixed jurisdiction as in Mau town, so that the police commands the confidence of all communities.

10.       Finally, we request you to visit Mau at your earliest convenience, not only to review progress of relief and rehabilitation as well as investigation and prosecution but to reward the courageous men of goodwill of both communities who protected those in danger & distress.

The people of Mau have proved that their heart and mind are in the right place. Above all, they want peace, which is essential for progress and development. Not only in Mau but people all over the State will respond positively to strong action against communal and criminal elements.

We request you to visit consider and implement these recommendations.

Mau Riots Preplanned by Hindu Vahini

Statement, 18 October, 2005

The AIMMM has, on the basis of reports received, come to the conclusion that the Mau riots was pre-planned and engineered by the Rashtriya Hindu Vahini in collusion with the civil and police officials. It, therefore, welcomes the transfer of senior officials from Mau by the State Government and the consequent improvement in the situation. However, it is surprised that the local leaders and many activists of the Rashtriya Hindu Vahini are still at large.

The AIMMM demands that the SHO’s of the affected thanas be suspended and those thanas be manned in a composite manner to command the confidence of all residents.

It also requests the State Government to raise the ex-gratia payment for loss of life and limb to that sanctioned by the Central Government for the victims of 1984 Anti-Sikh Disturbances, Delhi.

It also demands that State Government compensate the loss of property not in a token manner but on substitution basis and suggests to the State Government that punitive fine be imposed on the residents of the affected mahallas in a manner so as to recover the compensation paid to one group for loss of life, limb and property from the other.

Demand for Uniform Compensation for All

Letter to PM Dr. Manmohan Singh, 3 Oct., 2005

We welcome your decision to convene a meeting to consider the question of relief and rehabilitation of the victims as well as reinvestigation of some criminal cases relating to the Delhi Disturbances, 1984.

All said and done, the life, honour and property of the victims should be equal in the eyes of the law and the compensation etc. should be the same, if the State fails to do its basic duty of protecting them.

As far as the Muslim community is concerned, ignoring the major communal riots before 1984, Meerut, 1987, Bhagalpur, 1989, Babari Masjid-related Riots, 1992-93 and Gujarat Massacre, 2002 have all occurred after 1984.

We strongly feel that the Central Government should review the status of implementation of all Commissions of Inquiry relating to major communal disturbances in the country and in all post-1984 cases apply the same yardstick for relief and rehabilitation including compensation and employment.

Communal Violence Bill

Markazi Majlis-e-Amla Resolution, 10 Dec., 2005

The Markazi Majlis-e-Amla

*     On a preliminary examination of the draft Bill tabled in Parliament has found the Bill inadequate to deal with situation of mass violence and specially with state and administrative complicity, silent on effective measures to defuse communal tensions before they burst into violence, or to control the activities of communal organizations which preach hatred and enmity and incite and organise mass violence on any excuse.  The Bill also seems to be deficient in prescribing a uniform scale of compensation for loss of life, limb, property and honour for the whole country.  It also lacks any provision for rehabilitation and resettlement of the displaced persons.  Above all, it does not lay down any concrete criteria for suo moto intervention of the Union Government or operation by its armed forces to control mass violence.

*     Decides to form a 5-Member Committee headed by the President, authorizes him to nominate another 4 members and, in consultation with some eminent non-Members, formulate its views for submission to the Government and Parliamentary Committee on Home Affairs.

Forwarded to Home Minister/JIH/JUH/AIMC, 10 Dec., 2005

Consideration of Communal Violence Bill, 2005

I - Letter to S. Hamid/Justice Ahmadi, 14 Dec., 05

I enclose a copy of the Government Bill on Communal Violence which was tabled on 5 December, 2005.

The Markazi Majlis-e-Amla adopted a Resolution on the Bill at its meeting on 11 December, 2005. A copy is enclosed. But we would like to make more concrete comments and even some suggestions for amendment.

Your views, based on your deep knowledge and wide experience, shall be very helpful to the Mushawarat in formulating our comments and suggestions.

I, therefore, request you to give it more than a cursory look and let me have your ideas.

II - Letter to A.A. Engineer/Iqbal A. Ansari, 16 Dec., 05

You must have seen the new Bill on Communal Violence introduced by the Government on 5 December, 2005.

You had sent me an analysis of its predecessor. Some of the comments are still relevant.  But I feel some of us should sit down and go over the new Bill line by line and point out to the Government the flaws and inadequacies in its concept and provisions.

If you propose to organize a Seminar/Workshop in Mumbai, I would be happy to join you.  But if you are planning to visit Delhi soon, do let me know and some of us can have a session with you.

I wait for your reply.

Birth Centenary of Hakim Abdul Hameed

Letter to PM Dr. Manmohan Singh, 31 Oct., 2005

Late Hakim Abdul Hameed Saheb, eminent physician and founder of the Hamdard University, needs no introduction to you.

Hakim Saheb became a legend in his own life.  In 1985, the Illustrated Weekly of India counted him among the 50 great Indians. Renowned as a physician, he is estimated to have treated 7.5 million patients. Living simply and modestly he dedicated his earnings to promote education, literature and culture.  Jamia Hamdard, now a deemed University, and the Hamdard Public School, the India Islamic Cultural Centre and many other educational and cultural institutions are living testimony to his philanthropy. Always a supporter of good causes, he was the living force behind many initiatives like the Institute of Federal Studies, Islam and Modern Age Society, the Hamdard Education Society and the Hamdard Study Circle.

In post-Independence India we know of no other Muslim who gave so much to the nation and the community and took so little.

His Birth Centenary falls on 14 September, 2008.

All His admirers, spread throughout the world, would be delighted if his services are acknowledged by the country. We, therefore request that his name be included in the advance roster for issue of commemorative stamps in the year 2008 and an announcement be made to this effect.

Mazar of Maulana Abul Kalam Azad

Letter to PM Dr. Manmohan Singh, 16 Dec., 2005

While the Delhi High Court has ordered the MCD to make proper arrangements for the Mazar of Maulana Abul Kalam Azad which is located  in Urdu Park, Jama Masjid, Delhi, the Muslim press has noted that his last birth anniversary organized recently by the ICCR was attended by only a handful of persons, with no representation of the Union Government or the Coalition parties. The Maulana was totally ignored by the NDA and he continues to be ignored by the UPA!

We request that the upkeep of the Mazar be formally taken over by the Ministry of Urban Development and on his birth and death anniversaries suitable functions should be organized by it at his Mazar with at least one Minister and one Party leader gracing the occasions.

Birth Centenary of M. Hidayatullah

Letter to PM Dr. Manmohan Singh, 26 Dec., 2005

It is sad that the Birth Centenary of the late Justice M. Hidayatullah (17 December, 2005) has gone unnoticed.

He served as the Judge and then Chief Justice of Nagpur High Court, as Judge and later Chief Justice of the Supreme Court, the Vice-President of India and twice briefly as Acting President.

As a judge, according to our friend Fali Nariman, ‘he never wrote bad judgements – only elegant judgements, eminently readable by one and all’.

He was the author and editor of many legal classics like Mulla’s Mohammedan Law.

May I request you to instruct the Department of Posts to issue a Special Stamp to commemorate the Centenary and to revive the remembrance of one of our truly good and great men.

No Renovation of Make-shift Mandir

Letter to HM Shivraj Patil, 7 October, 2005

It appears to us that under the façade of implementing the suggestions made by the technical committee on the security of the Acquired Area in Ayodhya, the make-shift Mandir, constructed illegally on 7-8 December, 1992 on the debris of the demolished Babari Masjid, is sought to be transformed into a permanent structure. This is not acceptable to the Muslim community because the permanence of the temporary structure whose fate is yet to be judicially determined will be an obstacle in the implementation of the road map drawn by the Supreme Court of India in October, 1994 to be followed after the title to the Babari Masjid site is determined.

We have no objection to the strengthening of the security around the acquired area or within it close to the make-shift temple. Indeed I had myself noted weak points in the security along the perimeter and reported to the Government of India for its urgent attention.

We also noted that there is some disagreement on the responsibility for the security of the Acquired Area. In our view, the Acquired Area is in the judicial custody of the Central Government and, therefore, the legal responsibility for its security is fully and indivisibly that of the Central Government. Outside the perimeter, it is for the State Government of provide security, in consultation with and assistance of the Central Governments and to take steps to nip in the bud any conspiracy or plan to attack the area.

Site of Proposed Mandir Depends on Verdict

Letter to A.B.Vajpayee, 8 December, 2005

We are surprised by your statement as reported by the PTI and published in the Hindu (7 December, 2005). While expressing your hope that the Ram Janambhoomi Mandir would be built at the Ram Janambhoomi with everyone’s cooperation and consultation, you have totally ignored the contents of the Supreme Court’s directive in October, 1994 to the Allahabad High Court to resume its proceedings on title to the disputed site i.e. the site on which the Babari Masjid stood. You have also ignored the fact that the title suit proceedings are nearly complete.

Under the Supreme Court road map, only if the final judicial verdict on the question of title is in favour of the Hindu community, can a Mandir be constructed on the disputed site. On the other hand, if the final judicial verdict upholds the right of the Muslims to the disputed site, the Masjid shall be reconstructed there and the Ram Janambhoomi Mandir can be built elsewhere within the acquired area.

Your statement indicates that in the latter event you expect the Muslim community to surrender their rights and hand over the Babari Masjid site to a Hindu body for the construction of the proposed Mandir. The community has, as you know, already refused the Kanchi Shankaracharya’s request for ‘Daan’ of the site and reiterated its view that it has no objection at all to the construction of the Ram Mandir in the ‘Janmasthan’ area, if the Masjid site is excluded.

Having demolished the Masjid, then insisting on excavation of the site, which did not produce any archaeological evidence in favour of the theory that a standing Ram Mandir was demolished to build the Babari Masjid on its debris, the Ram Janambhoomi Movement has lost the right to appeal to the Muslim community for their ‘cooperation’.

While the Muslim community has been consistently committing itself to the Rule of Law, the Movement has always challenged it and treated the judiciary with contempt.

No, Vajpayeeji, if the Muslims win the title suit, they shall not surrender their legal right freely or under majoritarian coercion.

Uma Bharati’s Ram Roti Yatra

Letter to HM Shivraj Patil, 5 December, 2005

As you are aware, the former Chief Minister of Madhya Pradesh, Kum. Uma Bharti has launched a Ram-Roti Yatra which will take her from Bhopal to Ayodhya.

One cannot question her political right to launch a Roti Yatra but the Ram component is motivated to reignite the smouldering ashes of the Ram Janamboomi Movement. In fact, the Yatra challenges the judicial process to determine the title to the disputed site as ordained by the Supreme Court in October, 1995.

We strongly feel that her Yatra is likely to disturb peace and even cause a law and order problem, apart from showing contempt for the judiciary.

We, therefore, feel that the Central Government should take the initiative to advise the State Government not to allow her to proceed to Faizabad/Ayodhya and to videograph the Yatra and specially her speeches for possible legal action.

We are sending a copy of this letter to the CM of Uttar Pradesh.

13th Anniversary of the Demolition

Letter to HM Shivraj Patil, 7 Dec., 2005

As you are aware there were many peaceful dharnas and closed door meetings all over the country to mark the 13th anniversary of the Demolition.

In the speeches on the occasion and in the Memoranda and representations submitted to the authorities, a common thread was the feeling of disappointment that 13 years later, not one accused has been punished and the report of the Ayodhya Commission of Inquiry and the judgement of the Special Bench of the Allahabad High Court are still awaited.

The criminal cases filed under FIR’s 197 and 198 have been unduly delayed. One contributing factor has been the bifurcation of the trial. We have been requesting the Chief Minister of Uttar Pradesh to issue a revised Notification so that both cases coming under a common chargesheet may be tried by the Special CBI Court, Lucknow. PIL petition on this question has been pending in the Supreme Court. We request the Union Government to intervene and advise the State Government to revise the Notification at the earliest and to instruct the CBI to pursue the cases diligently.

We also request the Union Government to make a Statement in the Parliament that the final judicial verdict on the question of title to the disputed site shall be implemented without any delay in the light of the road-map drawn by the Supreme Court in October, 1994.

We also request that the Report of the Liberhan Commission be placed in the public domain and on the agenda of the Parliament for a full discussion, immediately after it is received from the Commission.

We would like to take this opportunity to bring to your notice that the Ram Janmabhoomi Movement is being revived by the Sangh Parivar and there is palpable tension in Ayodhya, Faizabad and neighbouring districts. We request that the State Government may be alerted to be vigilant and monitor the activities of the individual and organizations concerned, particularly to videotape the speeches by the leaders of BJP, VHP and Mahant Adityanath’s Hindu Yuva Vahini for legal scrutiny and in the meantime stop their audio-tapes being played on public roads and high ways all over eastern U.P.

Submission of Affidavit to Ayodhya Commission

Letter to PM Dr. Manmohan Singh, 9 Dec., 2005

The Ayodhya Commission of Inquiry, headed by Justice Liberhan, has fixed 30 December, 2005 as the last date for submission of its fresh affidavit on the sequence of events leading to and on the responsibility for the Demolition of the Babari Masjid on 6 December, 1992.

After the UPA came to power, it had disowned the earlier affidavit filed by the NDA Government and persuaded to the Commission to accept a new affidavit.

But no affidavit has been filed for more than 18 months.

The Commission is coming to the end of its work.

We request you to take a personal interest in the matter so that the affidavit is filed by 30 December, 2005.

Protest against Hospitality to Uma Bharati

AIMMM/BMMCC Statement, 28 December, 2005

The AIMMM and the Babari Masjid Movement Coordination Committee (BMMCC) strongly protest against the decision of the Government of UP to treat Kum. Uma Bharati, now on Ram Roti Yatra, as State guest during her yatra in UP.

Uma Bharati was the heroine of the Demolition. The addition of ‘Roti’ to Ram is nothing but a camouflage. Her real purpose is to revive the Ram Janambhoomi Mandir Agitation and to impede the implementation of the judicial verdict. Any such agitation is not only directed against communal harmony but a challenge to the state and an affront to the Judiciary.

The AIMMM and BMMCC demand that the Chief Minister should explain the motive behind the proposed courtesy and withdraw it, that all public speeches by Kum. Uma Bharati be videotaped and examined from legal angle.”

Rama’s Birthsite Placed in Afghanistan

Letter to Zafaryab Jilani, 24 October, 2005

May I draw your attention to Amulya Ganguli’s article in the Asian Age, 14 October, 2005 under the title “Deva, Asura and Ahura”? What is important for us is that following Rajesh Kochhar’s The Vedic People, he also places Rama’s birth site on the banks of river Hariud in Afghanistan.

Ayodhya in Faizabad is no more than a replication of racial memory on Rama’s birth and that explains why we have several Ayodhyas right upto Thailand.

This should be woven into our case that the association of real Rama with the present Ayodhya is no more than a latter day myth after Tuslidas Ramayana gave rise to the Rama cult in the 17th Century.

Muslims Keenly Await Judicial Verdict

Letter to IMC-USA, 8 December, 2005

I do not quite see the point of your long dispatch. It is not correct to say that Muslims have lost interest in the court cases. They are patiently waiting for the judicial verdict in title suit, report of the Liherhan Commission and for progress in the criminal cases. Please read the press statement by All India Muslim Personal Board’s Committee on Babari Masjid which I drafted and my letter to the Minister of Home Affairs which follow.

Parliament Cannot Upset Judicial Verdict on Facts

Letter to The Asian Age, 13 December, 2005

Apropos Mr. Siddhartha Reddy’s article “Ayodhya Status Quo Must Continue” (6 December, 2005), the status quo in Ayodhya has to yield to the final judicial verdict on title. The Judgement of the Supreme Court of October, 1994 revived the hearing of the title suit by the Special Bench of the Allahabad High Court and drew a road map for the settlement of the dispute. Either Mr. Reddy is ignorant of this and consequent developments or he stands for nullifying the Supreme Court directive.

The construction of the temporary structure on the debris of the Babari Masjid was indeed the biggest act of malafide committed by the late P.M. Narasimha Rao, even if he is exonerated of complicity in the Demolition. The make-shift structure will have to be demolished, if the title suit is decided in favour of the Muslim community. How does Mr. Reddy presume that the final judicial verdict shall be in favour of the Hindu Community? Perhaps he is singing the tune of the RSS and the VHP in order to exert pressure on the Special Bench?

There are many inaccuracies in the article. The Masjid ‘never fell to disuse’. It was in continuous use until 22-23 December, 1949 when idols were ‘surreptitiously and unlawfully’ introduced therein and the Masjid was placed out of bound for the Muslims.

There was no change in the status of Masjid during Indira Gandhi’s rule. Of course, the primary responsibility lies on Jawaharlal Nehru who, aggrieved though he was, did not see to it that the Government of UP removed the idols from the Masjid in 1950 and restored it to the Muslims. Rajiv Gandhi’s first error of judgement was to have the Masjid unlocked and turn it into a de-facto Mandir. His second was the Shila Nyas in the disputed area in violation of court order. But the unlocking the Masjid was the case not the effect of his so-called ‘appeasement’ of Muslim community on Shah Bano case. The Masjid was unlocked in December, 1985 and the Divorce Bill was passed in May, 1986.

Masjid was not ‘under the protection of Rao’s Central Security Forces’ but of UP police and PAC. Central forces entered only after the Masjid was fully demolished and UP was placed under Central Rule.

Surely, law is above majoritarian sentiments. So it is tragic that Mr. Reddy claims in line with the Hindutva forces that ‘no power on earth can now remove that temple’. It is non-removal in the face of judicial order that will push the country towards collapse of the rule of law and convert the country into a communal nightmare.

Parliament cannot intervene on a question of fact i.e. title which can be decided only by the judiciary. Nor can it take Muslim property and give it to the Hindus. Also the Parliament cannot violate the 1971 Law. Nor can it ignore the judicial verdict.

Mr. Reddy is indeed being funny when he sees Ram Rajya in disregarding the law and cheating Muslims, if they win the case!

Resolutions

Markazi Majlis-e-Mushawarat, 8 October, 2005

The Markazi Majlis-e-Mushawarat

Notes that there has been no improvement in the environment of fear and anxiety generated by the order of the Supreme Court on IMDT Act, 1983.

Also painfully aware that no statutory steps have so far been taken by the Central Government to place the detection and identification  of illegal immigrants within the judicial orbit, thus keeping the doors open for the persecution and harassment of genuine citizens by hostile elements and under the Foreigners’ Act.

Cautions the Central and State Governments that the Bengali-speaking Muslims hold them fully responsible for not defending the IMDT Act wholeheartedly and effectively in the Supreme Court and, therefore, they feel alienated and their alienation is bound to find expression in the coming Assembly election in Assam.

Urges the Central and State Governments to take necessary steps to restore their confidence.

Letter to M/Home Affairs, 10 October, 2005

.... We take the opportunity to point out that the GOM has not yet submitted its report on the remedial action to protect the human and legal rights of the Bengali-speaking citizens and residents in Assam.

We suggest urgent amendment by means of an Ordinance in the Foreigner’s Act, 1964 and the Foreigner’s Tribunal Order, 1964.

Markazi Majlis-e-Amla Resolution, 10 Dec., 2005

The Markazi Majlis-e-Amla

*     Expresses its deep concern at the formation of Assam Sena by the AASU and other organizations in Assam, in order to terrorise Bengali-speaking voters and to harass all non-Assamese living in the State on the eve of the Assembly election .

*     Amazed at the AASU’s blatant denial of citizenship to the offspring of migrants accepted under the Assam Accord, born on the soil of the country, in violation of all internationally accepted norms.

*     Appeals to the Muslim community of Assam, who shall be the prime target of any violent upsurge as in 1983, to stand united, consolidate their ranks, negotiate with all secular parties and serve as a catalyst for the formation of an Assam Secular Front in order to marginalize the forces of chauvinism raising their heads again in Assam.

*     Also demands urgent action by the Government to fill the legal void created by the Supreme Court Judgement declaring the IMDT Act as unconstitutional, taking into account the statistical facts about low level of decennial increase of Assam population and limited external migration during 1991-2001, as collected by the Census of India.

Ethnic Clashes in Assam

Statement, 19 October, 2005

“The All India Muslim Majlis-e-Mushawarat (AIMMM) expresses its deep sense of shock at the ethnic clashes in Karbi Anglong Hill district in Assam between the Karbis and the Dimasas which has acquired a brutal and inhuman dimension.

Since ethnic violence has been going on since 26 September and the State Government has not been able to control it, the AIMMM calls upon the Union Government to intervene effectively to restore peace and, if necessary, impose President’s Rule in the affected districts Karbi Anglong as well as North Cachar Hills.

The AIMMM also proposes that after restoration of normalcy, the Union Government should seriously apply its mind to the removal of the root causes of ethnic conflict and, if necessary, redemarcate the boundary between the two adjoining districts and formulate and enforce a Code for Protection of Ethnic Minorities in both districts.

Relief and Resettlement of Displaced Persons

Letter to CM, Assam, 30 December, 2005

May I draw your attention to some recommendations of the Asian Centre for Human Rights for the displaced persons in Karbi Anglong and N.C. Hills?

1.    In order to maintain ceasefire between UPDS and the DHD, the authorities should undertake a head count in all designated camps which should be guarded by security personnel.

2.    The refugees should have security support whenever they leave camps to visit their homes and land.

3.    Schools sheltering displaced persons should be vacated and temporary camps with appropriate arrangements for the accommodation should be set up with provision of food, firewood, utensils, medical facility, clothing and teachers and free textbooks for children.

4.    Ex-gratia payment to next-of-kin of those killed and to those injured must be paid expeditiously as announced by the Government.

Justice Phukan Inquiry Commission should begin and hold inquiries on a day-to-day basis.

Hindu Bengalis Equal Targets

Letter to Afdal Hussain, 13 December, 2005

Your email of 12 December, 2005.

There are many Hindu families which have originally migrated from East Pakistan/Bangladesh since early 50’s and they speak Bengali. Secondly, most Muslims in Assam have Bengali as their mother tongue and household language, though for political reasons, many of them have declared Assamese as their Mother Tongue in Census. Thirdly, in the Massacre of 1983 most victims were Bengali-speaking Muslims and there was little sympathy for them among Assamese Muslims. However, You and I know that even though the chauvinist target may be essentially Bengali Muslims, the axe will eventually fall on all Muslims.

Charter of Aspiration of Muslims of Assam

Letter to UMF Leader H.R.A. Choudhury, 12 Nov., 05

Apart from the question of the consolidation of Muslim voters in the coming election and the identification of Constituencies of highest Muslim concentration, the third important issue is the formulation of a Charter of Aspirations of the Muslims in Assam, to be placed before all secular parties.

I have drafted a document. I would like to have your comments before I finalize it. I am also sending a copy to Amir, JIH, Assam as well as to Alhaj Mohd. Hasan, Convener, MRPC.

1.   Reservation in Public Employment and Higher Education: The Muslim community of Assam constitutes a Backward Class and, as such, demands 25% reservation in accordance with its population and its relative backwardness as compared to SC/ST.

2.   Nomination to Official Bodies: Muslims demand due share in nomination by the State Government to official bodies including all State Corporations, Boards and Undertakings.

3.   Official Language: Since Assam is a bilingual State, Bengali should have its due place in administration, as additional Official Language right down to the level of Panchayat where the Bengali-speaking population constitutes at least 10% of the total population.

4.   Identification of Illegal Immigrants: Illegal immigrants should be identified only in accordance with law through a judicial or quasi-judicial process. Either the IMDT Act should be re-enacted with suitable amendments in the light of the observations by the Supreme Court or the Foreigner’s Act, 1948, and the Foreigner’s Tribunal Order, 1964, should be suitably amended to provide due protection to Bengali-speaking citizens against harassment and bias.

      Residence cards should be introduced in border districts to all residents within 20 kms. of the international border, with an annual Census in all villages in that zone.

5.   Land Rights: Land survey in chaur areas should be completed and pattas should be issued to all titlers.

6.   Social Violence: All Police Stations serving a composite population should have composite staffing pattern in order to command the confidence of all social groups.

      Victims of social violence should be paid compensation for loss of life, limb and property on the same scale as the victims of Anti-Sikh Disturbances in Delhi in 1984.

7.   Benefit of Development and Welfare Schemes: meant for eligible individuals or families should be distributed among various social groups at the operational level in accordance with their population.

      In grant of contracts and licences the Muslims should receive their due share in accordance with their district/state population.

8.   Educational and Health facilities should be universally provided in all rural and urban areas under the Sarva Shiksha Abhiyan and National Rural Health Mission and the GS in accordance with nationally accepted norms.

      Bengali should be the medium of instruction at primary level and taught as First Language at the Secondary level, with Assamese at the compulsory Second Language, to the children whose mother tongue is Bengali.

      There should be no discrimination against any group in grant of educational scholarships.

9.      Panchayati Raj: All Panchayati Raj institutions should have due representation of all social groups living in its jurisdiction.

10. Voting Rights: Voting rights of those placed in the Doubtful category should be restored at the earliest.

On Restoration of Minority Character of AMU

Resolution of MMM, 8 October, 2005

The Markazi Majlis-e-Mushawarat

Expresses its regret at the Order of a One-Judge Bench of the Allahabad High Court quashing the Al