In the Name of Allah, the Most Gracious, the Most Merciful
RESOLUTIONS passed in the meeting of the Markazi Majlis e Shoora (Central Advisory Council) of Jamaat-e-Islami Hind that took place from 10th May till 13th May 2018 at the headquarters of Jamaat-e-Islami Hind, New Delhi.
The members of the Markazi Majlis e Shoora (Central Advisory Council) of Jamaat-e-Islami Hind gathered at their headquarters in New Delhi from 10th till 13th May 2018 in which issues of national importance were discussed and the following resolutions were passed:
1. Growing lawlessness in the country
The Central Advisory Council of Jamaat-e-Islami Hind expresses its deep concern at the growing lawlessness in the country and demands immediate steps to be taken for addressing and solving it. The government and the administration are responsible for this sorry state of affairs, having displayed criminal negligence regarding the same. On the one hand, there are certain laws in the country that are extremely unjust like the UPCOCA. The government of the day gets many oppressive powers from it. Apart from this both the government at the center as well as in the states have been misusing inhuman laws such as TADA, POTA and UAPA to oppress people. This abuse of human rights continues unabated.
A very grave aspect of this issue is that the government and its agencies are themselves involved in the open violation of laws of the country. Abuse and torture are taking place in police stations and jails of the country. Muslims, Dalits and the economically backward sections of society face the brunt of this oppression. A most heinous violation of laws by the government itself is the hundreds of encounters in Uttar Pradesh in which the police themselves say that we have killed the criminals. The demand of justice is that the due process of law must be followed with regards to accused and punishment be awarded to the guilty in the case of charges being proved in the court of law. On the other hand the government has given a free hand to criminals who are attacking Muslims and Dalits all over the country on some flimsy excuses and also targeting universities and religious places. They are trying their best to destroy Islamic culture and its symbols. They have even made business and travel very unsafe. They are deliberately trying to stop the ‘’namaz’’ and the ‘’azaan’’. The police either supports them or ignores them. If one complains against them, the complaint is not registered and in most cases the one who complains has to face harassment.
The Central Advisory Council of Jamaat-e-Islami Hind feels that this storm of lawlessness is quite destructive for the society and the nation. It will disintegrate society and result in violations of law and moral decay. The Central Advisory Council demands that the government must repeal the unjust laws, put an end to the oppression going on in jails and police stations, stop the chain of fake encounters, prevent the abuse of human rights, take immediate notice of any police atrocities and take the appropriate steps to rectify the attitude of the police. The Central Advisory Council demands that the gangs of rogues backed by the ruling party should be reined in and the necessary legal action should be initiated against them. The Central Advisory Council also appeals to the conscious citizens of the country to make all efforts to prevent the society from slipping into a state of lawlessness, to discourage the anti-social gangs and remind the government to discharge its responsibilities.
2. The crisis of the judiciary in the country
The Central Advisory Council of Jamaat-e-Islami Hind expresses deep concern at the ongoing crisis in India’s judiciary. Undoubtedly the crisis has been caused by the unnecessary interference of the government in the judiciary. The separation and the independence of the judiciary from the executive is one of the fundamental tenets of our constitution. In fact this doctrine is part of any healthy democracy. Many condemnable incidents took place in the recent past which has blemished the judiciary and reduced the trust of the common man in the judiciary. Four judges of the Supreme Court conducted a press conference in which they expressed concern over the functioning of the apex court. This was a unique and unfortunate event in the history of the nation’s judiciary. The Hon’ble judges even went to the extent of declaring that democracy was under threat in the country. The amount of interference of the executive in the judiciary that one can infer from this incident, leads one to believe that the very foundations of our nation are in peril. Similarly the efforts by the opposition parties to impeach the Chief Justice of the Supreme Court of India, by presenting their case in the Rajya Sabha was a unique event in the history of the country. The rejection of their proposal by the Speaker of the Rajya Sabha greatly angered them and they pleaded their case before the Supreme Court. All these events force us to conclude that the apex court has been caught on the wrong foot and has become mired in controversies. This is cause of concern for any vibrant democracy. Now another issue of the appointment of the judges of the Supreme Court has come up. Even after the suggestion by the collegium the appointment of Advocate Indu Malhotra and Justice Joseph was being delayed. After a long time Advocate Malhotra’s appointment was approved but the recommendation to appoint Justice Joseph was returned back. The collegium has once again sent its recommendation very strongly. The opposition accuses the government of having a revenge mentality against some decisions of Justice Joseph which were not suiting the government’s agenda. The members of the collegium of the Supreme Court of India, the judicial fraternity have already condemned this decision by the government not to appoint Justice Joseph as extraordinary and harmful to the cause of democracy. The Supreme Court has already received requests demanding the government to immediately clear the decks for the appointment of Justice Joseph. It is highly regrettable that the Supreme Court is being sucked in the whirlpool of controversies and disputes. It will definitely have an impact on the lower courts as well as the complete judicial system of the country. Accusations of interference by the executive in the affairs of the High Court and lower courts of India are becoming common. The Central Advisory Council of Jamaat-e-Islami Hind demands that the government of India should take immediate steps to ensure the supremacy of law. It would also like to advise the citizens of this country, bar council members and journalists etc. that they should feel the grave nature of the issue and pressurize the government to ensure the independence of the judiciary.
3. The question of citizenship in Assam
The Central Advisory Council of Jamaat-e-Islami Hind feels that deliberate and sustained efforts are being made to create doubts about the citizenship of a large section of the population in the North Eastern state of Assam. The most recent issue is that of the National Register. The central government has made a National Register of Citizens (NRC) for all its citizens. The issue of Assam is being deliberately mixed into it. First of all the names of thousands of Muslims were ignored from the Register whose ancestors had actually been living in the state since several centuries. They are being termed Bangladeshi. According to the agreement the year 1971 was accepted to be the cut off year for consideration of citizenship. It implied that the names of those who entered the state of Assam after 1971 should be cancelled. But the fact is that these people entered Assam with the complete permission of the government of India as the government was encouraging and welcoming those coming from East Pakistan (now Bangladesh). Therefore the Central government is responsible for those Bangladeshis entering Assam after 1971. This aspect must be considered while preparing the list of citizens in the NRC. The Central government has taken a new step with regards to the NRC. It has passed a law which divides those coming from Bangladesh into 2 categories. If the person is Hindu then he/she is a refugee and if the person is not Hindu then he/she is an illegal immigrant. However it is comforting to know that the people of Assam and their leadership do not accept this unreasonable clause. The biggest party of Assam the Assam Gona Parishad (AGP) which has an alliance with the BJP has announced in no uncertain terms that for them all those who came after 1971 are illegal immigrants irrespective of their religion and hence all of them will have to go back and leave Assam. The Central Advisory Council of Jamaat-e-Islami Hind condemns these moves and demands of the Central government to act with sincerity and justice on the issue of NRC. The Muslim leadership of India must solve the issue of the anxious Muslims of Assam in unison and through concerted efforts. The Central Advisory Council derives satisfaction from the fact that the Supreme Court of India has accepted and restored the legality of the certificates issued by Panchayat. This has removed the hanging sword of Damocles from lakhs of people most of which are women.
4. Growing incidents of rape on women and girls
The Central Advisory Council of Jamaat-e-Islami Hind condemns the growing incidents of rape against women and minor girls especially the shameful incidents of Kathua and Unnao. In these incidents MLAs from the ruling party were found to be involved. There is an increase in the number of incidents of rape of minor girls and women from all over the country. The other thing which is noteworthy is that the victims either belong to the minority community or from the weaker and backward section of society. It means that these gruesome incidents are not isolated but are well planned and thought out so that these communities can be frightened and intimidated through these acts. The Central Council feels that the Kathua incident has impacted all four pillars of our democracy. The defenders of law that is the police were also found involved in this gruesome crime. An MLA and lawyers from the ruling party took part in the rally taken out to defend the criminals accused of carrying out the Kathua rape. The role of the fourth pillar of democracy that is the media was also most negative and shameful. The media even revealed the name of the victim whereas normally in the case of rape the name of the victim is concealed. The Central Advisory Council feels that for a civil society in a democracy; the executive, the judiciary, the police must defend and protect women’s modesty and dignity irrespective of which section the woman belongs to. Thus those found guilty of being involved in such gruesome crimes must be given the deserved punishment. The Central Advisory Council welcomes the ordinance brought by the Central government which awards capital punishment to those found guilty of raping girls below the age of 12. However the Council feels that the restriction of age should be removed and it should be applied to all women irrespective of age. In the same way laws applicable to males below the age of 18 should also be amended so that these gruesome incidents of rape may be controlled. The Central Advisory Council feels that moral and religious education should be promoted in the country; there must be complete ban on alcoholic drinks; vulgarity and indecency should be reined in.