New Delhi: Taking strong objection to an ‘anti-India’ fatwa’ posted on the website of Darul Uloom Deoband, the National Commission for Protection of Child Rights (NCPCR) has issued a notice to the District Magistrate and the Senior Superintendent of Police of Uttar Pradesh’s Saharanpur district to investigate and register an FIR.
According to the NCPCR letter, the fatwa issued by Madrasa Darul Uloom Deoband gives validity to ‘Ghazwa-e-Hind’ and ‘may lead to hatred against the country’.
“The Commission has come across another objectionable content on (the) website of Darul Uloom Deoband madrasa… The fatwa talks about the invasion of India (Ghazwa-e-Hind) and how whoever will be martyred in it is a great martyr. ‘Darul Uloom Deoband, a madrasa is an academic body of Islamic education and affiliating Madrasas across South Asia. Such kind of fatwas is exposing children to hatred against one’s own country and eventually causing them unnecessary mental or physical suffering,” reads the letter.
It further states that the fatwa is in “violation of Section 75 of the Juvenile Justice Act, 2015,” reads the letter sent by NCPCR to the Saharanpur DM and SSP.
The National Commission for Protection of Child Rights (NCPCR) is a statutory body constituted under Section 3 of the Commission for Protection of Child Rights (CPCR) Act, 2005 to protect the child rights and other related matters in the country.
“Taking suo motu cognizance of the matter u/s 13 (1) (j) of the CPCR Act, it was observed that the content of the fatwa may lead to hatred against the country,” the Commission further states.
Furthermore, the implications of such fatwas can be seen in various contexts, including a recent incident where a chief imam issued a fatwa regarding participation in religious ceremonies, which sparked significant controversy and highlighted the ongoing tensions surrounding religious expressions in India.
“In Kedar Nath Singh vs. state of Bihar, AIR 1962 SC 955, the Court emphasised that the phrase ‘Government established by law’ under section 124A must be distinguished from criticism of a specific party or persons. The court stated that this interpretation finds support from the title of the relevant chapter in the IPC, which is headed ‘Offences against the State’. Therefore, the hatred against the country i.e. India will be covered under the said provision (reference Kanhaiya Kumar vs. State of NCT of Delhi),” the letter cites.
In the letter, NCPCR chairperson Priyank Kanoongo further states that earlier in January 2022 and July 2023, the Commission had brought to the attention of district administration that there are large number of fatwas on Darul Uloom Deoband’s website that mislead the public and had requested to thoroughly examine, investigate the website and any such website be immediately blocked. It was also requested to block the access of the website.
“However, the district administration has not yet taken action on the same and has not lodged any FIR. The Commission is of the view that by not taking any action, the district administration would be equally responsible for any untoward consequences arising out of such content being consumed by the public.”
The Commission has directed the authorities that action be taken against Darul Uloom Deoband. “In the recent matter of fatwa regarding Ghazwa-e-Hind, the Commission u/s 13 (1) of CPCR Act, 2005 directs to take action under IPC and JJ Act, 2015 and an FIR be registered against Darul Uloom Deoband. The Commission requests that an action taken report may be sent to the Commission within three (3) days,” it says.
(Edited by Tony Rai)
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