APBC Commission Report

BC Commission Report

on the Inclusion of

Socially and Educationally

Backward Classes among

Muslim Community

in the list of Backward Classes

in the State of Andhra Pradesh

Application form for BC certification of Muslims

You can download HTML attachment below for a better printout

 

GOVERNMENT OF ANDHRA PRADESH

BC Welfare (C2) Department

G.O.Ms.No.24                                                                                                       Dated: 12-7-2007

 

BC Welfare Department – Forms of application and certificate for issue of community, nativity and date of birth certificates relating to Socially and Educationally Backward Classes 0f Muslims -Reg.

 

FORM – I

FORM OF APPLICATION FOR ISSUE OF COMMUNITY, NATIVITY AND DATE OF BIRTH CERTIFICATE RELATING TO SOCIALLY AND EDUCATIONALLY BACKWARD CLASSES OF MUSLIMS

(Information to be furnished by the applicant himself supported by documentary evidence)

 

To

The Mandal Revenue Officer/

Revenue Divisional Officer/

Sub/Assistant/District Collector,

___________________________Mandal / Division.

___________________________District.

 

Sir,

I am in need of a Backward Class Community Certificate for me / for my son / daughter / _______________________ for which the details are given below.

 

 

                              

DECLARATION

I / We declare that the information furnished by me / us in the application is true and correct, and the documents appended thereto are genuine and the contents of the documents are true and correct and that if these are found to be untrue and incorrect, I / We will be liable for prosecution for furnishing false and incorrect information/ documents under section 10 of the Act No.16 of 1993.

Signature of the Applicant

Station:

Date:                                                                                 Signature of the Parent / Guardian.

 

Enclosures:

 

Affix Rs.2/- Court Fee Stamp (Not required for SC / ST)

Two different Gazetted Officer Certificate of State Govt. only.

School TC, 1st to 10th, Inter, Degree Memo & Bonafide Certificates Xerox copies attested by the Gazetted Officer.

Sangam Certificate or Community Certificate in Original.

Ration Card or Electoral Card, Xerox copy attested by the Gazetted Officer.

Affidavit on Rs. 10/- worth Non – Judicial Stamp paper with Notarized.

Enclose the same certificate, if previously taken.

Affix one recent passport size photograph.

 

 

 

 

 

FORM-II

MANDAL REVENUE OFFICE __________

________________DISTRICT, A.P.

SSID:                                        Appl. No.                                                        Date:

COMMUNITY, NATIVITY AND DATE OF BIRTH CERTIFICATE

1.This is to Certify that Sri/Smt/Kum_____________________________________ Son/Daughter of   Sri._______________________________ of Village/Town_______________________ Mandal________________District____________________ of the State of Andhra Pradesh belongs to__________________Class/ Community/Group which is recognized as under G.O.Ms.No.1793, Education, dated 25-9-1970 as amended from time to time, (B.Cs) and G.O.Ms.No.23, B.C.Welfare (C2) Dept. dated 7.7.2007.

2. It is certified that Sri/Smt./Kum._________________is a native of _________ Village/Town ____________________ Mandal_________________  District of  Andhra Pradesh.

3. It is certified that the place of birth of Sri/Smt./Kum______________________is ____________________Village/Town________________________District of Andhra Pradesh.

4. It is certified that the date of birth of Sri/Smt/Kum.___________________ is Day_________ _______ Month____________________Year______________(in words)____________________________________________________as per declaration given by his/her father/mother/guardian and as entered in the school records where he/she studied.

Signature

Date:

Name;

Seal

Designation:

 

 

Government Order for reservation

GOVERNMENT OF ANDHRA PRADESH
BACKWARD CLASSES WELFARE DEPARTMENT

( C2 )

Inclusion of socially and educationally backward classes of Muslims as category “E” in the list of Backward Classes, in addition to the existing A, B, C, D Categories.

[G.O.Ms.No. 23,Backward Classes Welfare(C2) ,7th July,2007]

1) Whereas, the existing list of socially and educationally backward classes and various concessions in regard to reservations in services and educational institutions were set out in G.O.Ms.No. 1793 Education Department dt.23-9-1970 based on the report of the Andhra Pradesh Commission for Backward Classes.

2) And whereas in their report dated 2-7-2007 the Andhra Pradesh Commission for Backward Classes recommended that specific classes of Muslims are to be treated as socially and educationally backward classes of citizens and that a fifth group titled Socially and Educationally Backward Classes of Muslims under the Head of “E”, be created in the Backward Classes list for providing to them reservations in admission into educational institutions and in appointments to posts and vacancies in the services of the State for the purpose of Articles 15 (4) and 16 (4) of the Constitution of India excluding the creamy layer.

3) And whereas, the AP Commission for Backward Classes further recommended for providing 4% reservation to the Socially and Educationally Backward Classes of Muslims.

4) And whereas the Andhra Pradesh Reservation in favour of Socially and Educationally Backward Classes of Muslims Ordinance 2007 was promulgated to provide Four percent reservation to identified Socially and Educationally Backward Classes of Muslims for admissions in seats in educational institutions and for appointments or posts in the public services under the State excluding creamy layer amongst them.

5) And whereas, orders were issued in G.O.Ms.No.3, Backward Classes Welfare Department, dated: 4-4-2006 to adopt all the criteria to determine the creamy layer among Backward Classes, as fixed by the Government of India, except the annual income limit which is fixed at Rs. 4.00 lakh per annum in the State.

6) Now, therefore, for the purposes of Articles 15(4) and 16(4) of the Constitution of India and in exercise of the powers conferred under Section 7 of the Andhra Pradesh Reservation in favour of Socially and Educationally Backward Classes of Muslims Ordinance, 2007, the Governor of Andhra Pradesh, hereby, notify the following classes of Muslims residing in the State (Other than Dudekula, Laddaf, Pinjari/Noorbash and Mehtar ) as specified below, and as identified by the A.P. Commission for Backward Classes as Socially and Educationally backward classes and include them in the list of Backward Classes under separate Category “E” ( which shall be in addition to the existing “A”, “B”, “C” and “D” Categories ).

1) Achchukattalavandlu, Singali, Singamvallu, Achchupanivallu,Achchukattuvaru, Achukatlavandlu,

2) Attar Saibulu, Attarollu

3) Dhobi Muslim / Muslim Dhobi / Dhobi Musalman, Turka Chakla or Turka Sakala, Turaka Chakali,

Tulukka Vannan, Tsakalas, Sakalas or Chakalas, Muslim Rajakas

4) Faqir, Fhakir Budbudki, Ghanti Fhakir, Ghanta Fhakirlu, Turaka Budbudki, Darvesh, Fakeer

5) Garadi Muslim, Garadi Saibulu, Pamulavallu, Kani-kattuvallu, Garadollu, Garadiga

6) Gosangi Muslim, Phakeer Sayebulu

7) Guddi Eluguvallu, Elugu Bantuvallu, Musalman Keelu Gurralavallu

8) Hajam, Nai, Nai Muslim, Navid

9) Labbi, Labbai, Labbon, Labba

10) Pakeerla, Borewale, Deera Phakirlu, Bonthala

11) Qureshi, Kureshi / Khureshi, Khasab, Marati Khasab, Muslim Katika, Khatik Muslim

12) Shaik / Sheikh

13 ) Siddi, Yaba, Habshi, Jasi

14) Turaka Kasha, Kakkukotte Zinka Saibulu, Chakkitakanevale, Terugadu Gontalavaru, Thirugatigantla,

Rollaku Kakku Kottevaru, Pattar Phodulu, Chakketakare, Thuraka Kasha.

15) Other Muslim groups excluding

Syed, Saiyed, Sayyad, Mushaik;

Mughal, Moghal;

Pathans;

Irani;

Arab;

Bohara, Bohra;

Shia Imami Ismaili, Khoja;

Cutchi-Memon;

Jamayat;

Navayat,

and all the synonyms and sub-groups of the excluded groups;

and except those who have been already included in the State List of Backward Classes.

7) All the concerned Departments are requested to make necessary amendments to the orders, rules and regulations in this

regard.

AMITABHA BHATTACHARYA

PRINCIPAL SECRETARY TO GOVERNMENT

P S Krishnan Report

Report and Recommendations of Sri. P. S. Krishanan

REPORT

IDENTIFICATION OF SOCIALLY AND EDUCATIONALLY BACKWARD CLASSES
IN
THE MUSLIM COMMUNITY OF ANDHRA PRADESH
AND
RECOMMENDATIONS
BY
P.S.KRISHAN
ADVISOR TO GOVERNMENT OF ANDHRA PRADESH
BACKWARD CLASSES WELFARE

download full report from the pdf below:

Recommendations of the BC Commission

Based on the material available before the Commission i.e., the Anthropological Survey Of India’s “People of India Andhra Pradesh” series, the survey conducted by the staff of the Commission, the information collected by the Directorate of Backward Classes Welfare and the information provided in the public hearings conducted by the Commission, and in the representations, and the report of Shri P.S.Krishnan, Advisor to Govt., the Commission after due deliberations unanimously arrived at the following findings.

I.
1). Faqir: This community has been discussed in chapter V(1). The Commission feels that this community should be included in the BC list.

2) Pakeerla/Borewale: This community has been discussed in chapter V(2). The Commission feels that this community should be included in the BC list.

3) Labbi/Labbai : This community has been discussed in chapter V(3). The Commission feels that this community should be included in the BC list

4) Qureshi: This community has been discussed in chapter V(4). The Commission feels that this community should be included in the BC list.

5) Muslim Rajakas: This community has been discussed in chapter V(5). The Commission feels that this community should be included in the BC list.

6) Turka Kasha: This community has been discussed in chapter V(6). The Commission feels that this community should be included in the BC list.

7) Achukatlavandlu: This community has been discussed in chapter V(7). The Commission feels that this community should be included in the BC list.

8) Guddi Eluguvallu: This community has been discussed in chapter V(8). The Commission feels that this community should be included in the BC list.

9) Siddi: This community has been discussed in chapter V(9). The Commission feels that this community should be included in the BC list.

10) Garadi Muslim: This community has been discussed in chapter V(10). The Commission feels that this community should be included in the BC list.

11) Attar Saibulu: This community has been discussed in chapter V(11). The Commission feels that this community should be included in the BC list.

12) Gosangi Muslim: This community has been discussed in chapter V(12). The Commission feels that this community should be included in the BC list.

13) Sheik: This community has been discussed in chapter V(13). The Commission feels that this community should be included in the BC list.

14) Hajam: This community has been discussed in chapter V (14). The Commission feels that this community should be included in the BC list.

II.(a) The Ahle Hadeeth, Ahle Sunnath Wal Jamat, Mahadavis, Sunni, Shia, Tableegi, Wahabi, who have made requests to the Commission for inclusion in the Backward Classes list, are all religious denominations or sects and not social groups. So the question of their inclusion in the list of Backward Classes does not arise. The commission tenders the advice to the Govt. that their requests therefore be rejected.

II.(b) As discussed in Chapter (V)(15) regarding Khoja, Arab community, Bohra, Irani, Mughal, Pathan, Syed who have also made requests to the Commission for inclusion, are social groups, but for the reasons mentioned in chapter V(15) they are not socially backward and they are not found to be eligible for inclusion. The Commission tenders the advice to the Govt. that their requests therefore be rejected.

III. The following communities which have made requests to the Commission for inclusion are covered under the name of their synonyms:

1) Ghantasaibulu is covered under Ghanta fakhir or Fakir.

2) Pamula is covered under under Pamulavallu in Garadi Muslims.

3) Chakali under Dhobi Muslim.

4) Khatik under Qureshi.

5) Noor Basha is already included in the list under Dudekula (BC – B)

IV. Requests have been made for inclusion of Dudekula & Mehtar. Both of them are already included in the BC list. Dudekula under item 5 in the BC-B list & Mehtar under item 39 in BC-A list.

V.(a) In addition to the classes recommended in the P.S.Krishnan report, the Commission recommends one more class, Achchukattalavandlu for inclusion mainly on the basis of the requests received by it, its enquiry & the evidence & facts presented to and gathered by it.

V.(b) In addition to the synonyms given in the report by Sri P.S.Krishnan the following synonyms have come to the notice of the Commission in its hearings, namely Bonthala, Pakeerla, Turakakasha, Darvesh and these have been added as synonyms in the appropriate entries in the proposed list.

V.(c) Commission also considered item 14 of the recommendation of the Advisor Shri P.S.Krishnan. It notes that this principle of excluding the socially advanced classes of Muslims has been in practice in the Central OBC lists for Kerala and Karnataka. This exclusion ensures that only the socially and educationally backward come into the BC list and should give confidence about the correctness of the inclusions. Further, it is also a fact that there may be communities or groups that are so remote and lacking in awareness that they have not moved for inclusion, and the State and its institutions and also academic scholars have not been able to reach out to them. Such groups will also be automatically covered under this item. They will then not have to lose time making requests and waiting for the Commission’s enquiry and advice and Government’s orders which is a time consuming process. One more important factor in favour of this item is that, in the various hearings and reports in the newspapers many Muslim groups have expressed the feeling that the Muslim community has evolved over time, that many of them have left their traditional occupations and moved over to the towns and cities and have left behind their ancient moorings, that many of them are not well to do and that there may be some segments of the Muslim population who would not like to be associated with the old professions which are considered as socially inferior or due to the basic egalitarian principle of Islam. Such groups would be covered under “Other Muslims”. The Commission also feels that this clause cannot be misused as all identified socially non backward groups are proposed to be excluded as proposed in Chapter V(15) and further as the creamy layer is proposed to be excluded. Hence, the Commission agrees with this recommendation of Sri P.S.Krishnan and recommends inclusion as item (15) of the following:

“Other Muslim groups excluding

Syed, Saiyad, Sayyad, Mushaik;

Mughal, Moghal;

Pathans;

Irani;

Arab;

Bohara, Bohra;

Shia Imami Ismaili, Khoja;

Cutchi-Memon;

Jamayat; and

Navayat, and

all the synonyms and sub-groups of the excluded groups and except those who have been already included in the State list of Backward Classes.”

VI. The Commission, after due deliberations and detailed consideration unanimously resolved to make the following recommendations and tender the following advice to Government regarding Socially and Educationally Backward Classes of Muslims:

1. That a Fifth Group titled “Socially and Educationally Backward Classes of Muslims” under the Head of ‘E' be created in the B.C. list.

2. The following specific Classes of Muslims be included under this group ‘E' of BCs in addition to ‘A,B,C,& D' already existing for reservation for admission into educational institutions and in appointment to posts and vacancies in the services under the state for the purpose of articles 15(4) and 16(4) of the Constitution of India.

(1) Achchukattalavandlu, Singali, Singamvallu, Achchupanivallu, Achchukattuvaru, Achukatlavandlu

(2) Attar Saibulu, Attarollu

Dhobi Muslim/Muslim Dhobi/Dhobi Musalman, Turka Chakla or Turka Sakala, Turaka Chakali, Tulukka Vannan, Tsakalas, Sakalas or Chakalas, Muslim Rajakas

(4) Faqir , Fhakir Budbudki, Ghanti Fhakir, Ghanta Fhakirlu, Turaka Budbudiki, Darvesh, Fakeer

(5) Garadi Muslim, Garadi Saibulu, Pamulavallu, Kani-kattuvallu, Garadollu, Garadiga

Gosangi Muslim, Phakeer Sayebulu Guddi Eluguvallu, Elugu Bantuvallu, Musalman Keelu Gurralavallu

(8) Hajam, Nai, Nai Muslim, Navid.

(9) Labbi, Labbai, Labbon, Labba

(10) Pakeerla, Borewale, Deera Phakirlu, Bonthala

(11) Qureshi, Kureshi/Khureshi, Khasab, Marati khasab, Muslim Katika, Khatik Muslim

(12) Shaik/Sheikh

(13) Siddi, Yaba, Habshi, Jasi

(14) Turka Kasha, Kakkukotte Zinka Saibulu, Chakkitakanevale, Terugadu Gontalavaru, Thirugatigantla, Rollaku Kakku, Kottevaru, Pattar Phodulu, Chakketakare, Thuraka Kasha

(15) Other Muslim groups excluding

Syed, Saiyed, Sayyad, Mushaik;

Mughal, Moghal;

Pathans;

Irani;

Arab;

Bohara, Bohra;

Shia Imami Ismaili, Khoja;

Cutchi-Memon;

Jamayat;

Navayat,

and all the synonyms and sub-groups of the excluded groups;

and except those who have been already included in the State list of Backward Classes.

3. That 4% reservation be provided in education and public employment to the classes of Muslims identified in item 2 above.

4. The principle of exclusion of socially advanced persons / sections (creamy layer) already laid down by the State Government will automatically and naturally apply to the classes now recommended for inclusion.

Justice Dalava Subrahmanyam, Chairman
Sri N. Laxminarayana Mudiraj, Member
Sri V. Krishna Mohan Rao, Member
Smt. J. Sudha Rani, I.A.S. , Member Secretary

Anhad's Critique of the Bill

January 24, 2006
A People's Critique of the Communal Violence (Prevention, Control and Rehabilitation of Victims)
Betrayals and Missed Opportunities:
The Communal Violence (Prevention, Control and Rehabilitation of Victims)
Bill, 2005

A People's Critique

ANHAD
HRLN
Jan Vikas

Anti-communal groups, human rights organizations and women's groups have
expressed their strong opposition to the Communal Violence (Prevention,
Control and Rehabilitation of Victims) Bill which the UPA government
recently tabled in Parliament. Earlier drafts of this bill were rejected by
these citizen groups, but few of their concerns have been addressed in the
Bill which was hurriedly tabled in the Rajya Sabha on December 5, 2005. A
demand for such a bill had been made in light of an increasing atmosphere of
communalisation across the country and particularly in light of the events
of Gujarat 2002. On neither front does the Bill deliver.

A people wearied and battered by the politics of hatred that swept the
country during almost two preceding decades, have been let down gravely by
the Bill recently introduced by the UPA government in the Rajya Sabha. In
the deeply troubled times that the nation is passing through, the Bill was
awaited with great hope by not just minorities, but by other citizens as
well who are intensely concerned about imminent and serious threats mounted
to the secular character of our society and polity. The Bill does not
respond significantly to the criticisms and fears voiced when its first
draft was released a few months ago outside Parliament. The government
instead appears bent on diluting, even subverting the spirit of one of its
most important commitments on being voted to power. As this Bill is being
considered by Parliament, a deep sense of disappointment and anguish
prevails.

The basic problem with the Bill is with the foundation of objectives on
which its entire edifice is constructed. This foundation of the Bill is so
flawed that its architecture cannot be remedied by improvements in specific
components. The preamble of the Bill itself states that the Bill aims to 'to
empower the State Governments and the Central Government to take measures to
provide for the prevention and control of communal violence which threatens
the secular fabric, unity, integrity and internal security of the nation and
rehabilitation of victims of such violence'. The immediate context for the
Bill is the Gujarat massacre of 2002 and its aftermath, but also Nellie in
1983, Delhi in 1984, Bhagalpur in 1989, Mumbai in 1992-93, and a long list
of such episodes of national shame and trauma in which democratically
elected state administrations were openly partisan and neglectful or even
actively participant in the massacre of segments of the populace that
followed a different faith from those of the majority of their fellow
citizens.

Let us consider by way of illustration Gujarat as the most recent, and the
most disgraceful of all of these acts of state abdication and collusion with
communal organisations. The state machinery was found by many independent
citizen investigators to be gravely complicit in planning and executing the
most brutal massacre since Independence of women and children of the
minorities. It did little to control the violence for weeks, refused to set
up relief camps or to rehabilitate the victims. Almost four years later,
many more than half those who lost their homes are unable to return because
of continuing fear. The legal process has been subverted.

To legally prevent the recurrence of situations like this is a matter not
just of security and restored trust, but actually of life and death for
millions of citizens of minority faiths. Its urgency is enhanced by the fact
that over the last two decades, political formations with openly communal
agendas have directly or through their political proxies, captured political
power in many states of the country, and indeed along with a bunch of
opportunistic political formations have emerged as the main alternative
contenders for power in the central government in the future. The prospect
of the infamous Gujarat experiment of a state sponsored terrorising of
minority citizens is a realistic imminent fear with which millions of
citizens are living in states like Rajasthan, Orissa, Madhya Pradesh,
Chatisgarh and Jharkhand. It is for this reason that the Bill pledged in the
common minimum programme of the coalition government was so eagerly awaited.
But what this law sets out to do is not to protect innocent citizens from
future possible acts of criminal communal collusion of their elected rulers,
and the civilian and police arms of their administrations. Instead, in its
statement of objectives itself, it sets out perversely to vest those same
state administrations with even more powers.

Do the framers of the Bill, or the members of the union cabinet who approved
its submission to Parliament, genuinely believe that Narendra Modi in 2002,
or indeed the administrations of Delhi, Nellie, Bhagalpur or Mumbai when
these also burnt in the past in raging communal fires, did not act because
they did not have enough powers to do so? Was the failure of disempowered,
or of criminally malafide public authority in each of these cases? Even a
junior local policeperson or civil administrator has all the powers under
the law as it exists, that is needed to quell any communal conflagration.
Indeed, no riot can continue beyond even a few hours without the active,
wanton, and in my opinion manifestly criminal complicity of state
authorities. If this is the case, what purpose is served by a law that sets
out as its objective to further 'empower' these same state and central
governments?

The core sections of the Bill from Chapter II to Chapter VI, relating to the
prevention of communal violence, the investigation of communal crimes and
the establishment of special courts will only come into effect if the State
government issues a notification. All opposition governments could ignore
this statute completely. Moreover, a state government may issue a
notification bringing the statute into force in the state and yet render it
sterile by not issuing notifications declaring certain areas to be
communally disturbed areas. The Act can be invoked only in very extreme
circumstances where there is criminal violence resulting in death or
destruction of property and there is danger to the unity or internal
security of India. There are many serious communal crimes which may not
result in death such as rape. Similarly, social and economic boycotts,
forced segregation and discrimination will not fall within the ambit of the
statute because they do not result in death or the destruction of property.
Even in such extreme circumstances the Act only prescribes that the
government 'may' act by issuing a notification. On the face of it, the duty
to act is not mandatory.

Chapter III relates to the prevention of communal violence and appears to
empower the district magistrate to prevent the breach of peace. The powers
of executive magistrates and policepersons delineated here already exist
under numerous statutes, such as to requisition the armed forces to control
communal violence; to control any assembly or procession; prohibit
loudspeakers; confiscate arms, ammunition, explosives and corrosive
substances; conduct searches; prohibit displays or 'harangues', or
gatherings that may incite communal sentiments; and externment of those who
may disturb communal peace. The listing of these powers in the new Bill is
at best cosmetic and redundant, as it adds little to what is already legally
permissible for these authorities to suppress communal violence. The earlier
draft had included new powers, attempting to reintroduce through the
backdoor draconian provisions from the repealed POTA and the abused and
feared Armed Forces Act. The government was mercifully sensitive to protests
that enhanced state powers in communal situations will mainly be misused
against minorities, and it withdrew these provisions from its new draft.

For citizens living under the shadow of communally driven (or opportunistic)
governments, then, what this Bill offers a listing of powers of the
government that mostly already exist, that they *may *use to protect them if
they choose to do so. What they needed instead was a law that enhanced the
powers of citizens in relation to such governments, and not of the
governments in relation to its citizens. They needed a law that did not
merely enable their governments to act when communal violence unfolded. They
needed a law which made it mandatory for the government to act, in clearly
codified ways, before, during and after communal violence, and which made
failures of these governments to act, leading often to the avoidable loss of
life and property, or sexual violence, criminal acts for which they can be
charged, tried and punished. There is virtually nothing in the law that does
this; indeed, as observed, this is not even the stated intention of the law.
That is why this is not a Bill that can be improved by tinkering with a few
of its clauses. Its basic premises are so flawed, that it needs to be
rejected in its entirety and replaced by a law of very different objectives,
which genuinely protects the human rights and security of citizens in
communal contexts and enables them to hold their governments accountable for
their acts of omission and commission.

The Bill does contain one clause for punishment of public officials who fail
to perform their duties. Section 17 (1) provides for punishment with
imprisonment which may extend to one year, or with fine, or with both, for
any public servant who '(e)xercises the lawful authority vested in him under
this Act in a mala fide manner, which causes or likely to cause harm or
injury to any person or property'; or '(w)illfully omits to exercise lawful
authority vested in him under this Act and thereby fails to prevent the
commission of any communal violence, breach of public order or disruption in
the maintenance of services and supplies essential to the community.' It is
explained that offences under this section include wilful refusal by any
police officer to protect or provide protection to any victim of communal
violence; to record any information relating to or to investigate or
prosecute the commission of any scheduled offence.

There are however two fatal catches to this otherwise promising segment of
the Bill. It neglects to hold accountable the command authority of elected
leaders like the chief minister and home minister for these lapses, and at
best can result in the mild punishment of some junior policepersons. Even
more fatal is the proviso that no court shall take cognizance of an offence
under this section except with the previous sanction of the state
government. In the context of state governments with communally driven
malafide intent, the chances of even police officials being punished under
this clause are very remote.

It is well known that hundreds of cases throughout the country are
languishing because the state governments have refused to grant sanction for
prosecution of public servants. In any case sections 217 to 223 of IPC
cover offences by public servants such as the shielding of criminals,
preparing false records, making false report in courts, initiating false
prosecutions and allowing criminals to escape.

Recognising the role of the police in communal riots, it is critical that
the immunity granted under sections 195, 196 and 197 of the Criminal
Procedure Code be omitted in any statute on communal crimes. No junior
officer should be allowed to take the defence that he was ordered by his
superior to commit the crime. Nor should any commanding officer be allowed
to take the defence that he or she was unaware of the crimes that were
committed on one's beat.

Similarly, public prosecutors who side with the accused persons and enable
them to be released on bail or are instrumental in their acquittal ought
also to come under legislative scrutiny. A section is necessary to allow
the trial judge who finds the performance of the prosecutor unsatisfactory
to remove him from the case.

Chapter XII which grants immunity to the police and army is particularly
insensitive. Various Commissions of Enquiry including the Justice Ranganath
Mishra Commission (Delhi riots), the Justice Raghuvir Dayal Commission
(Ahmednagar riots), the Justice Jagmohan Reddy Commission (Ahmedabad riots),
the Justice D.P. Madan Commission (Bhiwandi riots), the Justice Joseph
Vithyathil Commission (Tellicheri riots), the Justice J. Narain, S.K. Ghosh
and S.Q. Rizvi Commission (Jamshedpur riots), the Justice R.C.P. Sinha and
S.S. Hasan Commission (Bhagalpore riots), and the Justice Srikrishna
Commssion (Bombay riots) have found the police and civil authorities passive
or partisan and conniving with communal elements.

There are other problems with the Bill as well. The definition of 'communal
violence' is limited to a listing of offences under existing acts, such as
the Indian Penal Code,1860; the Arms Act, 1959; the Explosives Act,1884; the
Prevention of Damage to Public Property Act, 1984; the Places of
Worship(Special Provisions) Act, 1991; and the Religious
Institutions(Prevention of Misuse) Act,1988. Given the character of communal
violence as it is unfolding in many parts of the country, a much wider
definition is needed, not just of violence, but of discrimination and human
rights violations on communal grounds.

The act should cover communal crimes such as hate speeches and mobilisation;
spreading ill-will and distrust between communities; communal literature and
textbooks as well as classroom teaching; forced ghettoisation and expulsion
and exclusion from mixed settlements; discrimination in employment, tenancy,
admission to educational institutions etc on communal grounds;
discrimination on communal grounds by professionals like doctors and
lawyers; and so on. Many of these such as hate speeches are addressed by
existing laws, but the flaw is the same, that there are no binding duties of
the state to act against these. In fact, governments are mostly known to
withhold permission to prosecute hate speakers and writers, even when
complaints are registered against them by human rights groups. The mandatory
duties of the state under this Bill should therefore include prevention of
these communal crimes as well, such as prohibiting and punishing (in a
purely illustrative list) hate speeches and writings of the kind that Bal
Thackerey, Modi and Tagodia routinely indulge in; the pedagogic content and
methods used openly in Sangh schools; or refusals to rent a house or employ
someone on the grounds of their faith, caste or gender.

The Bill does little to address gender violence, which has become the
feature of most communal incidents, where the bodies of women are used as
battlefields to establish dubious communal male superiority. Incidents like
Gujarat in 2002 alert us to the need for a much wider definition of sexual
violence (generally, but also specifically in the communal context) to
include acts like stripping before women or stripping them, insertion of
objects, piercing, sexual taunts etc, and should not require evidence of
actual penetration of the kind required under rape laws. The Bill needs to
change rules of evidence to shift the burden of proof to the accused, rather
than place it on the women survivors. It needs to protect the dignity and
confidentiality of the survivors of violence at all stages, from recording
of complaints and statements, to investigation and trial. There should be
mandatory services of counselling and medical attention to the survivors.

An unresolved controversy relates to whether the powers of the central
government should be extended in the event of a state government failing to
perform its legal and moral duties in expeditiously and impartially
controlling large-scale outbreaks of communal violence. This would be
important if the central government is comprised of parties and coalitions
of different political persuasion from those of the state government. The
Bill remains conservative in this, and section 55 requires the Central
Government, in cases where it is of the opinion that 'there is an imminent
threat to the secular fabric, unity, integrity or internal security of India
which requires that immediate steps' to 'draw the attention of the State
Government to the prevailing situation'; and to direct it 'to take all
immediate measures to suppress' the violence. If the state government fails
to act, the Bill provides first for the central government to declare any
area within a State as 'communally disturbed area' under this Bill; but this
is not significant because, as we observed, such declaration does not
require mandatory actions by the state government to control the violence.
The Bill also provides for central 'deployment of armed forces, to prevent
and control communal violence', which would have been very significant, but
the provision is neutralised by the requirement that this central deployment
is legally permissible only in the event of 'a request having been received
from the State Government to do so'. In other words, only the state
government still retains the power to decide about the deployment of armed
forces to control communal violence. Once more the Bill elaborately ensures
that nothing changes in the prevailing legal position, although it is made
to appear superficially that it does.

The Bill takes some halting steps to fill one major gap that exists in the
law at present. There is no law that defines the rights of survivors of
communal violence to rescue, relief and rehabilitation. The Bill once again
provides no protection against a government like that of Modi, who refused
for the first time in a major communal conflict after Independence, to even
set up relief camps, announced no rehabilitation package, and has yet to
take steps to secure the return of more than half the survivors who fled or
lost their homes in the carnage of 2002. There is no defence against the
contempt displayed by Modi against a segment of his own citizens when he was
asked why he did not set up relief camps. He is reported to have replied, 'I
refuse to set up baby-producing factories'.

Instead Chapter VII deals with relief and rehabilitation in a largely
ceremonial manner. It calls for the setting up of national, state and
district level 'Communal Disturbance Relief and Rehabilitation Councils' but
nowhere in the Statute does the right of the victim to relief, compensation
and rehabilitation emerge *as* *a right *according to an acceptable
international standards. When the state does not protect the lives and
properties of the minorities during communal carnages, should the victim not
have a right to compensation and alternative livelihoods at the cost of the
state? An answer to this was expected in the statute. Is a relief camp to
lie at the discretion of government and NGOs with shabby provisions being
made on a temporary basis, or is it the right of the victim to be provided
immediate relief according to well established norms? All this is sadly
missing in the Bill.

Chapter IX deals with the funds for relief and rehabilitation and once again
the shallowness of the central government stands exposed. The financial
memorandum to the Bill which is supposed to indicate the liability of
government ends on a dismal note: "As involvement of expenditure depends
mainly on the occurrence of communal violence, it is difficult to make an
estimate of the expenditure from the Consolidated Fund of India". The
entire orientation is in keeping with the approach seen in the
rehabilitation of Tsunami victims of getting the NGOs to spend for the
entire rehabilitation.

The Bill needs instead to lay down once again legally binding duties of
rescue, relief and rehabilitation; the relief camps must meet
internationally endorsed standards for refugees; the government must give a
subsistence support until it is possible for survivors to return with a
sense of security to their homes; and rehabilitation must ensure that people
who survive must be restored to a situation better than that in which they
were placed before the violence. There must also be special measures
prescribes for widows and orphans.

The Bill provides once again on the initiative of the state government, the
establishment of special investigation teams and special courts. It lays
down time limits for investigation of communal crimes of three months,
beyond which the cases will be reviewed by senior police officials. The only
qualification it lays down for public prosecutors is seven years of service,
but there is no impartial process of selection, and no bar to those with
known partisan links hostile to the interests of the victims. (It is
established before the Supreme Court that many public prosecutors were
members of Sangh organisations in Gujarat, therefore instead of prosecuting
the accused, they openly acted as their defence.) The law needed to go much
further in defending the rights of the victims, and the role that their
lawyers could play if the prosecution is partisan. There is also the
arguable provision for enhanced punishment of those convicted of communal
crimes, but the conventional wisdom remains that the certainty of punishment
is a much greater deterrence than its severity.

The Bill contains some provisions for witness protection under section 32,
which provides that for keeping the identity and address of the witness
secret. These measures include '(a) the holding of the proceedings at a
protected place; (b) the avoiding of the mention of the names and addresses
of the witnesses in its orders or judgments or in nay records of the case
accessible to public; and (c) the issuing of any directions for securing
that the identity and addresses of the witnesses are not disclosed.'

These measures are welcome but hardly go far enough. The witness protection
under Section 32 has been drafted without application of mind as to the Law
Commission's recommendations. The main aspects of modern day witness
protection which shields the witness from the accused, compensates her for
the trauma of the crime and the trial and creates new identities and a new
life for the witness is totally missing. Genuine witness protection
includes a substantial financial obligation of the state to take care of the
witness and her family in secrecy, often for the rest of their lives.

No law by itself can defend people against injustice. People need to be
mobilised and organised to secure their rights. But laws can be vital
democratic instruments by which people can resist and shield themselves
against injustice, particularly when the governments they elect defy their
moral and constitutional duties by failing to secure them against communal
mobilisation and crimes. The law that Parliament is considering is critical
for the defence not just of the lives and properties of minorities, but of
their equal rights and protection under the law, and indeed the secular
character of the polity. Let our law-makers not miss this critical moment in
our history to allow mounting and endemic state injustice in communal
situations to persist unchallenged.

Critique by a Senior Advocate

Critique of the Communal Violence (Prevention, Control and Rehabilitation of Victims Bill, 2005)

By Y. H. Muchhala

Recently an official Bill is introduced in Rajya Sabha known as the Communal Violence (Prevention, Control and Rehabilitation of Victims) Bill, 2005 (For short, described as CVP Bill, 2005) It is indeed good news for all those who have been fighting against the evil of communal violence, which erupts in our country at regular intervals.

Earlier, the Home Ministry had publicly circulated the Communal Violence / Prevention Bill of 2005. That Bill naturally provoked wide ranging debates and discussions. The following points/ concerns emerged out of such debates / discussions:

Legislative competence of the Parliament to enact laws in the form and substance of the Bill was doubted.

The common criticism of the Bill was about what it omitted to mention. The criticism, as it went, was that communal riots were not prevented and controlled not because there is any lack of power under the existing laws in favour of a State but because of the lack of political will to enforce the existing laws and to prevent and/or control communal violence. The Bill made no provisions for making the concerned authorities answerable / liable for non-exercise of powers to prevent and/or control communal violence. By providing immunity to the State Administration and its officers from any legal action for acts done “bonafide�, it was made clear that the provisions of the Bill are like a toothless tiger. There was nothing in the Act which would deter local administrations / police / State machineries / instrumentalities from dereliction of its constitutional / legal duties because they were not made accountable for such dereliction at all. Therefore, the opinion was expressed in many quarters, that no such bill was necessary.

The Bill provided for more stringent punishment for commission of scheduled offences. The criticism was that since there was no political will in the establishment to prosecute offenders under the existing laws for dereliction of duties, making punishment for such offences more stringent would become counter productive. It was natural assumption that since such offences were made more stringent there would be lesser likelihood of miscreants being prosecuted by State Agencies. Such provisions were merely an eyewash and did not help to cure the malady of Communal Violence.

It is generally noticed that whenever Communal Violence erupts in any part of the country the issue is immediately politicized and the parties in power become reluctant to exercise necessary powers of the State to prevent / control Communal Violence. Since the exercise of powers to declare an area as “Communally Disturbed Area� is left to the Centre / State Government, the exercise of such power will normally depend upon political equations that the Centre and State may have at a given point of time. If the same political party rules the Centre and State Government, then both have natural inclination to avoid “political embarrassment�, both will be reluctant to exercise such powers. In the event of the Centre and the State are governed by different political parties then again the exercise of powers by the Centre at any given point of time will not be without political motivations. In such events the absolute powers that are vested as per the provisions of the Bill in Paramilitary / Military forces are not without the danger of being abused. Therefore, it is very necessary that the Bill must contain the provisions for accountability for non-exercise of powers to declare an area as communally disturbed area. For want of accountability the whole exercise appeared to be in futility.

Legitimate concerns were voiced for vesting unfettered powers on military / paramilitary forces as the experience has shown that such powers have been exercised irresponsibly by military and paramilitary forces as it happened in Assam, Manipur and Kashmir. Since the Bill lacked provisions for accountability for the abuse of powers by concerned military and paramilitary forces, there was complete neglect of violation of Human Rights.

2. Now the Home Ministry has introduced an official Bill under caption “The Communal Violence / Prevention Control and Rehabilitation of Victims Bill, 2005� i.e. CVP Bill, 2005.

2.1 The introduction of the CVP Bill, 2005 in Rajya Sabha undoubtedly manifests the U. P. A. Government’s concern to prevent and suppress communal violence, which of notoriously occurs at intervals. Such action on the part of the Government is undoubtedly in consonance with the common minimum programme of U.P.A. Government.

But, the CVP Bill has many shortcomings. It is felt that the provisions of the CVP Bill, 2005 fall short of achieving the main objective of preventing and suppressing communal violence. It is therefore necessary to enlist those defects/shortcomings, which are as follows:

Commencement of the Act:

Section 1 Sub- Section (4)

The commencement of the Act in respect of the Union Territories is left to the Central Government and it can bring the Act into force on such date as the Central Government may by Notification in the Official Gazette appoint. So far as States are concerned, the scheme for commencement is such that only the provisions relating to relief and rehabilitation (excluding the provisions of suppression and prevention of communal violence) can be brought into force on such dates as Central Government may appoint by notification on the Official Gazette and different dates for different provisions may be specified for their commencement.

So far as the Prevention and Suppression of communal violence is concerned it is left to the State Government to bring the provisions in force on such date as it may appoint by notification in the Official Gazette.

Therefore, on the passing of the Act, by the Parliament, none of the provisions will come into force as the application of its commencement will depend on the sweet will of the Central Government / State Government.

The Public demand is to have effective law with immediate effect and not adding one more law to adorn statutes. No country can have good Governance unless all the sections of its population feel safe and secure. Therefore since the UPA Government has promised good Governance, it is its duty to enact effective legislation with immediate effect which will prevent/suppress communal violence. The whole scheme of enforcement of the provisions of the Act displays lack of political will.

Secondly, it is difficult to understand why the implementation of the provisions of the prevention and suppression is left to the discretion of State Governments. It is presumed that the Government must have done some exercise to elicit response from different State Government on the provisions of the CVP Bill, 2005. It is the right of public to know that which state has shown willingness to implement/enforce the Act with immediate effect and which States have taken recalcitrant approach towards it. It is therefore necessary for the Central Government to inform the public as to which of the States are willing to implement/enforce the Act with immediate effect and which states are not so willing.

Without its proper enforcement the CVP Bill, 2005 is merely ‘a teasing illusion and a promise of unreality.’ It is a toothless tiger which cannot even roar.

2.2. Closely examining the scheme of the proposed law as disclosed in the CVP Bill, 2005 it is clear that the provisions of the Act will come into force only on the concerned State Government or the Central Government declaring a particular area in any State as “Disturbed Area�. In the event of the failure of the Centre nor the concerned State Government to make such declaration, none of the provisions of the Act (baring few exceptions) will come into operation. There is no provision in the CVP Bill, 2005 making the State or the Central Government accountable / answerable for failing to make such declaration inspite of there being justification to do so. The CVP Bill, 2005 therefore does not answer or satisfy the main concern of the people that the communal violence erupts from time-to-time not because there are no sufficient provisions in the existing law to prevent or suppress communal violence, but there is no political will in our administrators / executors to take effective steps under the existing laws to prevent or suppress communal violence. This is a main lacuna in the CVP Bill, 2005. The maintenance of law and order is the primary responsibility of State. When there is complete break down of law and order, and complete disturbance of Public order and breach of Public peace and tranquility, the law must hold the State per se responsible for such situation and visit the State and its diverse actors with penalty and other civil and criminal consequences. It is common experience as is evident from diverse reports of the Commissions of Enquiry set up after communal violence in various parts of country (often headed by sitting or retired justices of High Courts and Supreme Court) that such break down of public order and disturbance of peace and tranquility occurred because of active complicity or sheer connivance or negligence of State actors. In short, the provisions of the Bill has no provisions to remedy this basic malaise.

That in the event of a Communal Riots, the concerned authorities should be made answerable / accountable for none exercise of powers for preventing and/or controlling communal violence. The CVP Bill, 2005 makes inadequate provision for the same.

The CVP Bill, 2005 repeated the provisions relating to the stringent punishment for scheduled offences but ignored the criticism that since there was no political Will in the establishment to punish offenders under the existing law by merely enhancing punishment, the law will become counter productive.

As regards the use of force by Police or Military / Paramilitary force to prevent or contain communal riots, the past experience has shown that such powers have invariably been used by such authorities against religious minorities and other marginalized sections of people like Dalits. There is no adequate provision in the Bill to make police or other paramilitary force accountable / answerable for excessive / malafide / bias/ partisan use of force against religious minorities and other marginalized sections of people like dalits. Thus there is complete neglect of violation of Human Rights.

Clause 5 of the CVP Bill, 2005 under Chapter III invest District Magistrate with the powers to take preventive measures when there is an apprehension of breach of peace or creation of discord between members of different religious groups, it is provided that he may, by order in writing, prohibit any act which in his opinion is likely to cause apprehension in the minds of another community or caste or group that it is directed to intimidate, threaten or otherwise promote ill will against that community or caste or group. The power conferred upon the District Magistrate under the clause, if properly exercised, may be effective in defusing built up of communal tensions in an area which normally precedes a communal riot. But there is no provision in the Bill providing for consequences for not obeying or defying such order. This defect should be remedied.

Clause 7 empowers the Competent Authority to direct any person or class of persons, or all persons, in a communally disturbed area, to deposit forthwith all arms, ammunition, explosives and corrosive substance, with the nearest police station. However, there is a proviso added to that clause stating that the Competent Authority may exempt any individual or class of individuals from the operation of such order. The effect of proviso which gives unguided and un-controlled discretion to the Competent Authority to exempt “any individual� or “class of individual� from the operation of such order is to wipe out the effect of main provision of the Section. The CVP Bill, 2005 does not provide any guidelines to the Competent Authority as to when they should exempt any individual or class of individual from the operation of such order.

Clause 10 of the CVP Bill, 2005 empowers the competent authority in a communally disturbed area to pass orders regarding the conduct of persons in communally disturbed area. This provision can also be selectively used against the interest of religious minorities and marginalized people like Dalits.

Clause 11 of the CVP Bill, 2005 prohibits of loitering in, or in the vicinity of communally disturbed area. Any person may be ordered to leave it, by a police office, or any other person authorized in this behalf by the competent authority (which may even include a constable). Whoever contravenes the provision of this section without just and sufficient cause is liable to be punished with imprisonment of one year, with fine or with both.

Selective application of these provisions may be or could be used against genuine social activists working in a communally disturbed area. This provision also can be selectively used against religious minorities and other marginalized sections of people like dalits.

Clause 12 of the CVP Bill, 2005 provides for punishment for committing offences under the Act. This provision can be selectively applied against religious minorities and other marginalized sections of people like dalits.

Clause 13 & 14 of the CVP Bill, 2005 provides for punishment for assisting an offender for the commission of offence under the act. This provision can be mischievously used against religious minorities and other marginalized sections of people like dalits to prevent any financial aid to the riot victims.

Clause 17 of the CVP Bill, 2005 is quite important which makes any public servant who exercises the lawful authority vested in him under the act in a malafide manner or willfully omits to exercise such authority vested under the act and thereby fails to prevent the commission of any communal violence, etc. with punishment up to three years or with fine or with both. However, no court can take cognizance of offence under Section except with previous sanction from the State Government. The State Government is required to disposed off every request for grant of sanction within 30 days from the date of the request.

The procedure for obtaining sanction from the State Government is quite unnecessary and for all practical purposes nullifies the effect of main provision of Clause 21. Experience has shown that the State Government is loath to grant sanction against the public officer for such prosecution. In the event of the State Government refusing the sanction there is no remedy available to the aggrieved persons to prosecute public servant for dereliction of his duties. Therefore, the remedy of prosecuting the delinquent public servant for willful dereliction of his duties or malafide exercise of his powers is quite illusory.

Further, what is the remedy to riot victims against the State Government or Central Government for not declaring an area as communally disturbed area inspite of the fact that there was factual justification for making such declaration? In such event, the major provisions of the Act will not become operative. Therefore, unless State Governments and Central Government are not made accountable / answerable for their inaction in the matter, the whole exercise of enacting a toothless law is to throw dust into eyes of the people. The whole exercise is to provide base for concerned political parties to make hollow claim that they have fulfilled their electoral promise.

Clause 18 of the CVP Bill, 2005 provides for punishment for violation of order under Section 144 of the Criminal Procedure Code. Again in this clause there is no mention of Clause 5 of the CVP Bill, 2005. Therefore, a person who contravenes the order made under Section 5 of the CVP Bill, 2005 cannot be prosecuted under this clause.

Clause 22 of the CVP Bill, 2005 provides for Review Committee to be constituted by the State Government. It will be headed by an Officer of the level of Inspector General of Police. There is an ambiguity about the number of persons who will constitute Review Committee and qualifications of such members. The Review Committee has power to order fresh investigation in case where charge-sheet is not filed within three months from the date of the registration of the F. I. R. by any officer not below the rank of Dy. S. P.

The Review Committee should be headed by the Officers with judicial experience and he need not be a Police Personnel.

2.16 Clause 23 of the CVP Bill, 2005 provides for constitution of Special Investigation Team by the State Government. When the State Government satisfied that the investigation of offences committed in any communally disturbed area were not carried out properly in a fair and partial manner, it may constitute Special Investigation Team. It is experienced in Gujarat and Mumbai riots that inspite of enormous evidence available to show that investigation in riot related cases neither fair nor partial, the State Governments turned Nelson’s eyes to the same. The political parties in power act in such situation on political considerations. They are reluctant to have fair and impartial investigation to avoid political embarrassment or to shield their rank and file or their political ‘supports and sympathies.

2.17 Chapter IX of the CVP Bill, 2005 contains clauses 49 to 52, which provide for funds for relief and rehabilitation. There is criticism about the constitution of relief and rehabilitation Councils as per the provisions of the Bill. The effectiveness of such Councils is doubted on the ground that the Council will comprise of members who will be the Government nominees. It is apprehended that such Government nominees do not take effective steps of relief and rehabilitation of riot victims. Further it is the State duty to provide adequate relief and rehabilitation to riot victims. Anti national and anti social elements who spread communal violence must be made to realize that the cost of rehabilitation and relief has to be born by the Society. It is suggested that the entire issue of rehabilitation and relief be dealt with in a separate enactment and should not be made part of the same enactment.

2.18 Chapter X of CVP Bill, 2005 deals with compensation to victims. Clause 53 provides for giving compensation to riot victims. It is illusory relief to them. Clause makes it clear that the compensation is required to be paid by the person who is convicted of offence punishable under this act.

In the first place, it is the past experience of the Communal Riots that very few individuals are convicted of offences committed during the communal riots. Secondly, people from very low economic strata are charged with commission of such crimes and even if they are convicted they have no means to compensate riot victims. The main lacuna in a whole act that it does no go after the people or organization who actually conspire and plan riots. Justice Srikrishna Commission Report indicted Bal Thackery who acted as vet rant general conducting riots but Bal Thackery was not present at any scene of communal violence and was not shown as accused in any of the riot related cases involving burning, looting of properties or physical harm or death of riot victims. Unless and until we have some effective legislation which makes responsible any organization be it the political, social, community based or otherwise for providing compensation to the riot victims making made the entire ‘enterprise’ of creating riots as loss making, the objective of preventing recurrence of communal riots cannot be achieved. The bill lacks such provisions.

2.19 NATIONAL COUNCIL

Chapter VIII contemplates the formation of National Communal Disturbance Relief and Rehabilitation Council consisting of not more than 11 members. The members of the National Council will be the acting beaureucrats and Government Nominees mentioned in clause 45. It merely performs the advisory role. It has to submit its reports periodically to the Central Government.

The constitution of such Council is absolutely redundant as none of its advice is binding on the concerned Governments. It hardly ever achieves the purpose for which it is set.

Secondly, the National Council should comprise of independent persons who may be selected on the basis of their integrity and non-communal outlook. It has to be ensured that such Council acts as Independent Autonomous body, not succumbing to any kind of pressure of the concerned Government. The Provisions of the Bill falls far short of the desired objectives.

A few Suggestions:

(A) The need to have a special law providing for suppression of communal violence on an all India basis can hardly be exaggerated. One need not take a cynical view of the Bill and reject it in toto on the specious grounds that existing laws are sufficient to meet ugly situations of communal flare-ups. One has to take a balanced approach towards the bill. From the public debates and discussions some constructive suggestions have also emerged which are as under:

To seize this opportunity and treat the communal riots on par with Genocide as per the provisions of Genocide Convention of 1948 to which India acceded in 1949.

In this connection it is useful to refer to the treatment meted out to the subject of genocide by Ireland, Germany etc. The legislations drafted by some countries (as available on internet) are annexed herein.

It is high time that the occurrence of communal violence within jurisdictional area of any police station disrupting the ordinary tempo of life therein should be ground enough to apply the doctrine of Res ipsa loquiter and the dereliction of duty by such officers should be declared as criminal offence for which all the higher police officials of the area could be charged criminally. In addition to that the police manuals / conditions of service of police be suitably amended to provide that happening of any such event within jurisdictional area of any police / administrative officers whose duty is to maintain public tranquility and avoidance of public disorder be made the grounds for disciplinary action for immediate suspension and ultimate dismissal from the service. Even for departmental disciplinary proceedings doctrine of Res ipsa loquiter should be applied against the errant public servants.

The Bill should be amended to introduce the vicarious criminal responsibility in the matter of abuse of powers by inferior / subordinate officers and concept of command responsibility be enacted to rope in the administrative and police officers of higher echelon including their political masters being the minister in charge of portfolios relating to maintenance of public order / tranquility and safety of public and private property. In short, the failure of a Policeman, Bureaucrats or Minister to take all the necessary and reasonable measures within his / her power to prevent / repress the commission of mass violence must render individual concerned liable for prosecution and exemplary punishment.

(B) It is necessary to define what is the dereliction of duty by public servant or the State or the State instrumentality? The concept of dereliction of duty must be unambiguously set out in the proposed Bill.

(C) An independent and impartial Enquiry Commission and State Security cum Administration Commission should be set up to examine the cases of dereliction of duties by the State or State instrumentalities of public servants in the matter of preventing or containing / controlling the communal riots and such Enquiry Commission should be invested with adequate powers to investigate into complaints of dereliction of duties by the State / State machineries / instrumentalities / public servants and the State should make available investigating agencies to such Commission.

(D) The proposed Bill must incorporate the concept of State responsibility to compensate riot victims. It should not be left merely to the offenders to compensate riot victims. The responsibilities to compensate riot victims of any communal violence is recognized in several foreign jurisdictions like New Zealand in 1963, Britain in 1964 and subsequently Canada, Northern Ireland, USA and Australia also enacted laws to compensate riot victims. The American Jurisprudence, 11th Edition – Vol. 54 has the following passage:

“In many jurisdictions, Municipal Corporations are made liable by statute for injury to persons or property resulting from the acts of mobs. Those statutes are in recognition of public duty entrusted by the State to the Municipality and other such division to preserve peace and order and to protect lives and property.�

The 6th Report (1981) of the National Police Commission also observed; “it is the duty of the administration to compensate to those unfortunate (sufferers of communal riots) for the loss and sufferings by them and to assist them in their rehabilitation.�

This opportunity must be seized to implement recommendations made by the National Human Rights Commission in its various Reports submitted to the Government. g

(The writer is a Senior Advocate)

National Consultation

NATIONAL CONSULTATION

ON

The Communal Violence (Prevention, Control & Rehabilitation of Victims) Bill, 2005

June 16, 2007, New Delhi

The completion of three years of the UPA Government is an opportune moment to take stock of what the Government has achieved in terms of justice for communal crimes. The demand for a law on communal violence emerged from a brutal record of recurring violence in our country, the increasing occurrence of gender-based crimes in communal conflagrations, and complete impunity for mass crimes. The reasons are many - lack of political will to prosecute perpetrators, State complicity in communal crimes, lack of impartial investigation, and lack of sensitivity to victim's experiences. But there is also, crucially, the glaring inadequacy of the law. Today, despite huge strides in international jurisprudence, India continues to lack an adequate domestic legal framework, which would allow survivors of communal violence to seek and to secure justice.

The UPA Government's Common Minimum Programme (CMP) had promised to give the citizens of this country a 'comprehensive legislation' to fill this legal vacuum. We were promised a legislation that would strengthen the hands of the citizens in the struggle against communalism, and allow us to prosecute for mass crimes committed with political complicity and intent. While the country does need a strong law on communal violence, this present Bill is totally misconceived. What we have before us today is a dangerous piece of legislation called the Communal Violence (Prevention, Control & Rehabilitation of Victims) Bill 2005, which will not only fail to secure justice for communal crimes, but will actually strengthen the shield of protection enjoyed by the State, its political leaders and its officials for their acts of omission and commission in these crimes. It is a Bill, which conceives of communal violence as a 'one time' event rather than as a long-term politically motivated process, and seeks to prevent it only by giving greater powers to (often communally tainted) State governments. Further, it continues to perpetuate the silence around gender-based crimes.

It is a travesty that a Bill of such fundamental importance in addressing the challenges posed to the secular character of our society and polity, was drafted by the Government without any real consultative process involving civil society. At this National Consultation on the Communal Violence (Prevention, Control & Rehabilitation of Victims) Bill 2005, we the undersigned, reject this Bill in its entirety. The assumptions of the Bill are so flawed that it cannot be remedied by amending a few components. We therefore reject this Bill and ask the Central Government to forthwith set up a Drafting Committee to formulate an entirely new bill on communal violence, with the active participation of civil society through an open, transparent, and public process. Eminent jurists, civil society activists, academics and legal experts who have engaged on the ground and in court rooms with communal crimes must be part of such a process. A statute which is sincere about addressing gaps in criminal jurisprudence, must base itself on the experiences of victims of communal violence over the last 60 years, the recommendations of various Commissions of Enquiries and international covenants to which India is a signatory.

Endorsed by:

Justice A M Ahmadi, former Chief Justice, Supreme Court

Justice Hosbet Suresh, former Judge, Mumbai High Court

Justice K K Usha, former Chief Justice, Kerala High Court

Justice Rajinder Sachar, former Chief Justice, Delhi High Court

Justice Sardar Ali Khan, former Judge, AP High Court

Professor K.N. Panikker, former VC, Shree Shankaracharya University, Kerala

Nandita Das, Actor

Ghanshyam Shah

Harsh Mander, Social Activist (Aman Biradari)

Professor Rooprekha Verma, former VC Lucknow University

Colin Gonzalves, Supreme Court Advocate, Delhi

Dr. Ram Puniyani, Social Activist, Mumbai

Professor Kamal Mitra Chenoy, JNU, Delhi

Anil Chaudhary, PEACE, Delhi

John Dayal, Senior Journalist & Social Activist, Delhi

V.N. Rai, IPS, Lucknow

K.S. Subramanian, former IPS, Delhi

P.J.G Nampoothiri, former NHRC Spl Rapporteur, Gujarat

Ali Asghar, COVA

Dr. Abdul Salam

Zafar A. Haq, FFCL, Delhi

M. Hilal, FFCL, Delhi

Abid Shah

Uma Chakravarti, Feminist Historian, Delhi University

Hanif Lakdawala, Sanchetna, Gujarat

Prasad Chacko, Action Aid, Gujarat

Kavita Srivastava, Social Activist, Rajasthan

Mehak Sethi, Lawyers Collective, Delhi

Ajay Madiwale, HRLN, Delhi

Avinash Kumar, Oxfam, Gujarat

Ravindra, Lawyers Collective, Delhi

Sophia Khan, Safar, Gujarat

Vrinda Grover, Advocate, Delhi

Usha Ramanathan, Senior Law Researcher, Delhi

Madhu Mehra, Partners for Law in Development, Delhi

Harsh Kapoor, sacw.net, France

Iftikhar Ahmad Khan, Reader, M.S. University of Baroda, Baroda

Dr. Pratixa Baxi, JNU, Delhi

Asad Zaidi, Three Essays Publications

Nalini Taneja, Delhi University

Rohit Prajapati, Baroda

Trupti Shah, Baroda

Zakia Johar, Action Aid, Gujarat

Henri Tiphagne, Executive Director, Peoples' Watch

Niti Saxena, AALI, Lucknow

Saumya Uma, WRAG, Mumbai

Devika Biswas, Sancalp

N.B.Sarojini, SAMA, Delhi

Nandini Sunder, Delhi University

Soma K.P

Harsh Singh Lohit

K.A. Salim

Sharafudheen M.K.

Jahnvi Andharia, Anandi, Gujarat

Nasiruddin, Journalist, Hindustan

Gauhar Raza, Anhad, Delhi

Vineet Tiwari, MP Progressive Writers Association, Indore

Dr. Jaya Mehta, Sandarbh Kendra, Indore

Anjali Shenoy

Indu Prakash Singh, Actionaid India
Kshetrimayum Onil, Amnesty International

Asmita Asawari

Shabnam Hashmi, Anhad, Delhi

Gagan Sethi, Janvikas, Gujarat

Farah Naqvi, Delhi

New Delhi

June 16th, 2007
NATIONAL CONSULTATION ORGANISED BY ANHAD, DELHI

With inputs from Justice Ahmadi, Farah Naqvi and Gagan Sethi (CSJ)

Allahabad: 50% Muslim quota for the P.G. Medical Courses in AMU is unconstitutional and impermissible

HIGH COURT OF JUDICATURE OF ALLAHABAD
CJ's Court
Special Appeal No.1321 of 2005
The Aligarh Muslim University, Aligarh
Vs.
Malay Shukla and another

Connected with:

Special Appeal Nos.1322 of 2005, 1323 of 2005, 1324 of 2005, 1327 of 2005, 1346 of 2005, 1347 of 2005, 1348 of 2005, 1395 of 2005, 1397 of 2005, 679 of 2005, 680 of 2005, 681 of 2005, 682 of 2005, 728 of 2005, 747 of 2005, 748 of 2005, 749 of 2005, 750 of 2005, 751 of 2005, 1396 of 2005 and 1320 of 2005.
Hon'ble Ajoy Nath Ray, CJ.
Hon'ble Ashok Bhushan, J.

(Delivered by Hon'ble Ajoy Nath Ray, CJ.)

The short basic issue in all these appeals is whether the Aligarh Muslim University is a minority Institution. The point arises because suddenly some eighty five years after incorporation, they chose for the first time to reserve a Muslim quota, by way of a 50% reservation of post-graduate course seats meant for qualified MBBS doctors. The judgment under appeal before us has been delivered by an Hon'ble Single Judge of our Court on the 4th of October, 2005. Both sides, to be more accurate, all parties, felt aggrieved, and came up in appeal. The appeals will all be disposed of by this common order.
On the one side, who spoke first, were the Aligarh Muslim University, represented by Mr. S.S. Ray, leading Dr. Dhawan, the Union of India and the learned Attorney General on whose behalf Mr. Gopal Subramaniam addressed us, two individuals one of whom is a member of the Court of the University, which is its administrative body, the Minority Commission whose case was put forward by Mr. Ravindra Srivastava, and groups of Muslim students, admitted on quota, represented by two learned counsel one of whom was Mr. Ashok Khare and another Mr. S.A. Shah.
On the other side were certain dissatisfied students whose case was put forward by Mr. Ravi Kant. Before we proceed any further, we make it clear that in spite of the most elaborate expertise and painstaking arguments on the part of the University and its supporters, we felt so utterly unconvinced that Mr. Ravi Kant was called upon to speak for about two hours whereas the other side had amongst themselves addressed us for some five days or so. Those hearings were substantially full day hearings.
Although we cannot say the same thing about the various reasons given by Hon'ble the Single Judge and the orders passed by his Lordship, we have no hesitation in upholding his Lordship's main and primary decision in these matters, which is that Basha still holds the field and the 1981 Act must give way before it wherever the two come in conflict.
Basha is the case of Azeez Basha, a Five Judge Bench decision of the Supreme Court and the report of the case will be found at AIR 1968 S.C. 662. It ruled that the University is not a minority institution.
The 1981 Act is an Act of our Parliament, No.62 of 1981 being Aligarh Muslim University (Amendment Act 1981), which received assent of the President of India on the 31st December, 1981 and was published thereafter on the same day.
In Basha, the Court spoke through the Hon'ble then Chief Justice K.N. Wanchoo; it is a decision running to about 12 pages of the All India Reporter.
That case has to be read by any reader of this judgment before proceeding any further herewith. On the simple principle of following higher and binding authorities, we have to give this case full and complete effect and none of the statements in this case can be discounted by us. It would be wrong for us to quote the case fully here and it would be a wholly unnecessary and unusual exercise; but the case should be treated as quoted herein fully and we must be understood hereafter as bearing in our minds all the time the basic and first principle that we in this Bench are forbidden to look behind the decision of a five Judge Bench of the Supreme Court of India.
The problem before us arose because Parliament, an equally binding source of law so far as we are concerned, chose to pass the amending Act of 1981 which, according to appellants, (by the appellants hereafter we shall mean the University and its supporters; we shall refer to the aggrieved non-Muslim students as the cross-appellants hereafter), the said Act of 1981 changed the basis of Basha and that too to such an extent that today, we as the appropriate pronouncing authority must pronounce the Aligarh Muslim University as a minority Institution, the Basha case notwithstanding.
The task before the Hon'ble Single Judge was, and before us also is, to see whether the 1981 Act so altered the basis of the Basha case, legally and validly, as substantially to convert the Aligarh Muslim University into a minority Institution because, and only because, of the said amendment Act, or whether, if the Act by its words had succeeded in purporting to achieve that object, it, by that very reason, transgressed the permitted authority and limit of Parliament, which cannot, simply like a superior Court, overrule the decision given by any Court of law, least of all the Supreme Court of India. The issue is, did the 1981 Act make such changes as Parliament was entitled to make, and thereby achieve the effect of altering the non-minority character of the Aligarh Muslim University, or did it seek to achieve that end by simply and substantially overruling the Supreme Court decision, for which it has no competence.
Although the Basha case is to be treated as quoted here by us, we must recount here some of the salient points mentioned in that judgment, in the manner we respectfully read it.
It took into account, in some detail, the early history leading to the setting up of the Aligarh Muslim University by an Act of the Indian Legislative Council in 1920. That Act received the assent of the Governor General on the 14th of September, 1920. Several, but not all, property of the University earlier belonged to one MAO College, the full form being the Mohammadan Anglo Oriental College and the Muslim University Association. These were Mohammadan Institutions no doubt. The inception of these came sometime in the latter part of the 1870's; one of the leading gentlemen, who took a prominent part in this, was one Sir Syed, father of the illustrious Hon'ble Judge of Allahabad High Court Mahmood, J., the short lived Barabankian from Olympus. The idea was to set up a University and the ambition was to go on the lines of the University of no less a status than Oxford, or Cambridge. An interesting fund was raised to as large an extent as Rs.30 lac, even in those days, by collecting one rupee from every Mohammdan of the then British India. Whether this was followed to the letter or not, we need not inquire into.
Mr. S.S. Ray told us that a bare look at even some of the albums showing pictures of the Aligarh Muslim University would convince anybody of its deep green character. The architecture and the Quoranic inscriptions are all there.
Be that as it may, in the Basha case their Lordships went on to consider the effect of the Aligarh Muslim University Act of 1920 ((XL of 1920). Their Lordships were considering the issue for judging the validity of certain amendments made to the Act in the years 1951 and 1965.
Although the Union of India through Mr. Subramaniam has been at pains to argue before us that the Aligarh Muslim University is a minority Institution, the stand of the Union of India before the Supreme Court was radically different. We cannot make much of this opposing stand because Parliament had intervened with the 1981 Act and the Union of India and the Attorney General are entitled to support the Acts of Parliament in courts of law. Whether they will succeed in their support or not, is quite another matter.
Before the Supreme Court, the Union of India argued that the Aligarh Muslim University was a free Institution and not a minority one; as such the amendments made in 1951 and 1965 were all supported by the Union. The Supreme Court accepted the Union's contention and ruled in as clear terms as possible that the Aligarh Muslim University was not a minority University; it is not necessary for us to enter again into details about the exact nature and scope of the 1951 and 1965 amendments. Suffice it for us to say that those dealt, amongst other things, with a recasting of the constitution of the Court of the University, which was originally dealt with amongst others by Section 23 of the act of 1920. All the members of the Court in 1920 had to be Mohammadans; there was a clause in Section 23 by way of a proviso, that unless one were a Mohammadan one would not be entitled to be a member of the Court. These were substantially changed; the proviso forbidding non-Mohammadans from becoming members of the Court was done away with, and Azeez Basha and some others were aggrieved, but to no effect. In ruling the Aligarh Muslim University to be non-minority, their Lordships considered several matters, but to our mind the most important one was about the grant of degrees, and incorporation of the University itself.
This matter must be dealt with specifically and in some detail. Prior to 1920, the MAO College was affiliated to the University of Allahabad; degrees were granted by the Allahabad University to students of this College; the College did not itself grant degrees then.
There has been some dispute raised before us whether in 1920 it would be possible for the Mohammadan community to found a University on their own, without intervention of an Act of the Legislature, for the purpose of granting degrees to their own students. In the Basha case, the Supreme Court has at least assumed that it would be possible for the Mohammadan community to set up a University on their own without any legislative Act. What the Supreme Court has said in this matter, we have to and we do accept. We only note that after 1956 and the passing of the University Grants Commission Act a University can only be set up by the appropriate legislature; on the basis of Yashpal's case, which was given to us by Dr. Dhawan, and paragraph 59 thereof (2005, 5 SCC 420), the safest way to go about it, would be to have the State Legislature utilize their power under List-II Entry-32. The University Grants Commission can of course make a deemed University as provided in the Act. It seems that even before the 1956 Act, and even way before we gained our Independence, the setting up of a University fair and square would need intervention of the Supreme Government. The word ''University' might be referred to in this regard in Earl Jowitt's Dictionary of English law; the power of a University to grant degrees in general does not seem to be an exclusive right of theirs; there seems to be some doubt as the Encyclopedia Americana and also Jowitt's Dictionary seem to state that Colleges are as competent as Universities to grant degrees. The passage at 15 Halsbury 256 can also be referred to; it states there that the essential feature of a University seems to be that it is incorporated as such by the sovereign power; Blackstone is referred to there.
For us these authorities need not and perhaps should not be looked into; in Basha the Supreme Court opined that it would be possible for the Mohammadans to set up a University on their own, but what they could not be certain about, in setting such an Institution up, would be the matter of recognition of the degrees.
It is not stated clearly in Basha what exactly this recognition means; however, with all due respect, we assume that the recognition of the degree would mean recognition by the sovereign power and all its subordinates of the validity and reliability of the degrees to be granted.
Basha clearly stated that the certainty of recognition of a University degree could be had by the Mohammadan community, if the University were brought into existence by the Legislature. In paragraph 26, on the left column of page 673 of the said report his Lordship the then C.J. said as follows:

"It seems to us that it must have been felt by the persons concerned that it would be no use bringing into existence a University, if the degrees conferred by the said University were not to be recognised by the Government."

It was later on said in the same left column:-

...it would not be possible for the Muslim minority to establish a University of the kind whose degrees were bound to be recognised by Government and therefore it must be held that the Aligarh University was brought into existence by the Central legislature and the Government of India. If that is so, the Muslim minority cannot claim to administer it, for it was not brought into existence by it. Article 30 (1), which protects educational institutions brought into existence and administered by a minority, cannot help the petitioners..."

In our respectful reading this was the cornerstone of the Basha judgment. Their Lordships held the University to be different from the pre-existing Mohammadan College; it is noted by their Lordships that there were long negotiations and a tussle between the Mohammadan community and the then Government; the Government did not wilt to the Mohammadan wish to have a Mohammadan institution for the benefit of the Mohammadan community, if not exclusively, at least substantially; this was not acceded to by the Government.
The Mohammadans gave way; they took what they got. In the affidavit before us the repeated requests made by the Mohammadan community for their own College are mentioned in several places. Mr. Subramaniam took us through those paragraphs to demonstrate that the wish of the community to set up a University of their own was indeed there, and they tried very hard, no doubt, to have their wishes granted.
India of 1920 is not same as the India of 2005 or 2006. Section 3 (28) of the General Clauses Act, 1897 as amended up to date clearly says that the India of 1920 is British India; we do not have to go to a General Clauses Act definition to know that it was not a country where there were different political parties of any real power or importance; it was not an India where one community could wait for a more supportive and sympathetic political party to come in power and then gain their objective; there was no democracy. What the British said, went. For any public achievement the people of India, whether Mohammadans or not, had to be in the good books of the English people. Any other achievements had to be made underground. It was in this context that the University was set up by the then ruling Government; as soon as it was incorporated under the auspices of the English Government and the English Legislature, the University had all success and all support from the very beginning; the Mohammadan community chose the politically right path of inviting high English personages like Lord Lytton to be associated with their College; once they gave way to the manner in which the then Legislature desired to set up the University, the degrees of the University had full and 100% value. The degrees of a University, even if it could be set up independently then, which was in the bad books of the English Government, but wholly Mohammadan and wholly green, and perhaps wholly good, was of no practical value; it would either die or go underground. The other University, which was set up by the Act of 1920 started with a prospect of prosperity and prospered it has, right until date.
We are aware that their Lordships of the Supreme Court have not looked at the issue in the light that we have respectfully used above, but we feel confident, again respectfully, that we have not gone against what the Supreme Court has stated but only tried to support it, such support being necessary in the face of the current challenges.
It is on record that the finances of the Aligarh Muslim University became the headache of the Government after incorporation; it is on record that some 74 acres of extra land went to the Aligarh Muslim University as part of the prosperous setting up process; it is provided in the Act itself that the fund of Rs.30 lac would be utilized for recurring expenditure; this means that the Muslim fund would help the University and die out and no Muslim nucleus would remain even in the accounts of the Aligarh Muslim University.
In the Basha case certain supervisory powers of administration were clearly pronounced as important, e.g., it is stated in paragraphs 7, 8 and 9 as follows.
Section 6, the degree section so to speak, laid down that degrees, diplomas and other distinctions of the University shall be recognized by the Government like those of any other University. Section 8 provided that the University shall be open to all persons of either sex and whatever race, creed or class. Section 13 provided that the Lord Rector shall have the right to cause an inspection to be made and also cause an inquiry to be made. The Court had to comply with these provisions; the Lord Rector could issue directions and after explanations were considered his directions had to be complied with by the Court of the University. Section 14 contained the provision for the visiting board which also had power to inspect; it had annulling powers; the Visiting Board also had overriding powers. Although the Court had to be composed in the beginning of Muslims only, their Lordships said in paragraph 9 of the Basha judgment that there was no condition that the Lord Rector had to be of the Muslim community.
A very great attempt was made before us to show that the Basha case, in any event, needed guarded reading in view of later Supreme Court cases.
It was said that in the PAI case 2002, 8 SCC 481 the Supreme Court has, in a much larger Bench than the Basha Bench gone into the issue of governmental control of even minority Institutions. The argument therefore ran, that the administrative control by, say, the Lord Rector or the Visiting Board, would not be factors robbing the Aligarh Muslim University of its minority status today in the light of the PAI judgment. We are of the opinion that this views the coin from a side, which is seriously opposite and wrong. That a minority institution, for the purpose of stopping maladministration and gross unfairness, is subject to governmental control does not mean that when it is to be decided whether an institution is a minority institution or not, the factors of governmental control ought to be discounted altogether. That would be a complete misreading of PAI and it would be viewing PAI from the wrong and opposite angle; that minority institutions can be controlled does not mean that control of institutions by the Government does not tend to show an institution up as basically a non-minority institution; when one is considering the degree of control permitted for a minority institution, one assumes the minority status; when the minority status or the non-minority status is not admitted or assumed, the factor of administration and control by free or non-minority groups becomes not only important, but very important.
Reference has been made to the St. Stephen's College case about the importance of administration in determining minority status. The report is at 1992, 1 SCC 558. Brother Bhushan in his Lordship's judgment has also dealt with the importance of administration as a determinative factor for judging minority status. I fully agree with his Lordship.
In answering Question 3 (a) in the TMA PAI case, Kripal C.J. said at page 587 of the report above mentioned as follows:-

"Q.3(a) What are the indicia for treating an educational institution as a minority educational institution? Would an institution be regarded as a minority educational institution because it was established by a person (s) belonging to a religious or linguistic minority or its being administered by a person (s) belonging to a religious or linguistic minority?
A. This question need not be answered by this Bench; it will be dealt with by a regular Bench".

That the question has been left unanswered by the Bench does not mean that all earlier Supreme Court Cases of lesser strength are overruled; one has to read the earlier cases and the openness of the question all together. We in the Division Bench of the High Court are in the happy position that we have no problem in following St. Stephen's, and the other cases.
In our respectful opinion, the question of establishing and administering an institution is infinitely the most relevant at the point of time of its coming substantially into being. Attention must be focussed at that point of time. Who established it? Who was then administering it? What was the purpose of establishing it? The answers to these questions will enable the Court to determine whether the institution is a minority one or not. We are of the respectful opinion that not one of these questions can be held to be irrelevant in the matter of ascertaining whether an institution is a minority one or not. More than this on this issue we do not have any courage to say.
The question of administration in 1920 after the Act came into being was gone into in Basha. The college and the Union however argued that the point of time for our inquiry is much before, perhaps even in 1870, when the M.A.O. College was founded. We do not agree; there is no doubt that the M.A.O. College, if it had remained as such would be a minority institution. The issue before us is not whether the MAO College was a minority College or not. The issue before us is whether the Aligarh Muslim University of 1920 is a minority institution or not. That certainly came into being in 1920. Whether it was established and administered by the minority community through the year 1920, is a question, which we must answer by taking into account both Basha and the 1981 Act. This brings us to the crux of the issue, i.e. whether the MAO College and the Aligarh Muslim University are one and the same thing and the process of the incorporation in 1920 is no more than something superficial, something procedural, some mere process, which cannot touch the substance of the matter.
We do not here again wish to set down under two tables the items in Aligarh Muslim University, which were green and the items in Aligarh Muslim University, which were free, so to speak, white. The Supreme Court has done so in Basha; the history of the Mohammadan tint has been considered; the passing of all property of the Muslim association and the Muslim College, the passing of all their bequests and receipts to the University have been considered by the Supreme Court; their Lordships have considered all factors and we simply have to follow them. In following them, we cannot escape the conclusion that their Lordships treated the MAO College and the Aligarh Muslim University as two different and distinct entities; one was set up by the Mohammadan community and the other by the Legislature; one was affiliated to the University of Allahabad and was unable to grant degrees of its own; the other was set up by an Act of legislature and a Section permitted it to grant degrees as recognised as those of any other University; the one had Mohammadans completely in control of administration; the other had serious supervisory control over the Mohammadan Court by, inter alia, the Board; one had building, property and some money; the other had, may be the same building, but much more property and unlimited English funds.
Their Lordships did not opine that the MAO College permeated into the Aligarh Muslim University, or that if it had changed anything, it had only changed into a dinner jacket from a Sherwani.
In the face of this, Parliament passed the said Act of 1981; the one and the most important sub-section in the said Act is sub-section 2 (l), which reads as follows:-
"2.(l) "University" means the educational institution of their choice established by the Muslims of India, which originated as the Muhammadan Anglo-Oriental College, Aligarh and which was subsequently incorporated as the Aligarh Muslim University".

Several other amendments were made in 1981, but this sub-section is the key to the lock. Is this sub-section good? Can this and Basha subsist? These are the basic questions.
The University was at pains to submit that this sub-section and Basha cannot subsist; if this sub-section were before the Basha Court, according to them, the decision would have been otherwise; they relate to the test of Prithvi Cotton, 1969, 2 SCC 283. According to them 2(l) made all the difference; further according to them, this difference the Parliament was entitled to make.
Thus, we proceed on the basis that 2 (l) and Basha cannot subsist. We agree with the University to this extent, and to this extent therefore, we respectfully disagree with the Hon'ble Single Judge, who has read down 2 (l) only but not struck it down. But was Parliament entitled to insert 2 (l)? The point is the point of Parliament being disentitled to assume the role of a Court of appeal in regard to judgments of courts of law. There are two ways, basically, a judgment can get overruled. First, it might be by direct appeal; that is not possible in Basha; in other matters, it might be that the same issue comes up before a court of higher authority and the earlier precedent is disapproved. This is another equally effective way of overruling in law; if the High Court had said that X is a minority institution in one case and thirty years later, the Supreme Court had said no, X is a non-minority institution, the High Court's judgment would get substantially overruled, practically as effectively as an appeal then and there would have overruled it.
Either way of overruling a judgment is forbidden to Parliament. Several cases in regard to this resolution of conflict between Court cases and legislative Acts have been considered by the Hon'ble Single Judge and also cited before us. Brother Bhushan has also referred to those.
We mention only three below:-

(i) 1989 (3) SCC 488: Ujagar Prints (II) Vs. Union of India
(ii) 1997 (8) SCC 522: S.S. Bola & Others Vs. B.D. Saridana
(iii) 1996 (7) SCC 637: Indian Aluminium Company Vs. State of
Kerala.

We refer specifically however, to a case given by Dr. Dhawan, a very recent one, being the case of Virender Singh Hooda and others Vs. State of Haryana and another (2004) 12 SCC 588. At page 610 in paragraph 46, the following sentence occurs in the beginning:-
"It is equally well settled that the legislature cannot by a bare declaration, without anything more, directly overrule, reverse or override a judicial decision; it may, at any time in exercise of the plenary power conferred on it by the Constitution render a judicial decision ineffective by enacting a valid law on a topic within its legislative field, fundamentally altering or changing with retrospective, curative or neutralising effect the conditions on which such decision is based (I.N.Saksena v. State of M.P. (1976) 4 SCC 750: 1977 SCC (L&S) 36).

This is the test that we apply. In our opinion, the test applies on all fours. Section 2 (l) is an enforced declaration of substantial identity. Even according to the University, on the basis of 2 (l) the minority status has to be declared. Thus, they themselves argue that the definition is a definition of substantial identity as between the Mohammadan College and the incorporated University.
The Supreme Court did not hold so; it held exactly otherwise; it was fully aware (said with the greatest of respect) of what it needs for an institution to qualify as a minority institution; it never said that incorporation and incorporation alone as a process was the sole factor why their Lordships were deciding the University to be a non-minority one; numerous factors were considered by their Lordships; by consideration of those factors, their Lordships reached a conclusion of separation, of distinctness, as between the minority College and the non-minority University.
What Section 2(l) does is that it both overrules the view taken by the Supreme Court of the situation prevailing in 1920 and it lays down, practically in so many words, that the University is an Article 30 establishment.
Why do we say that it does so? Because 2 (l) states that the University was only subsequently incorporated from and out only of the Anglo Oriental College, which was already there, and if that is so, and if there is no distinction between these two, then, because of the process of incorporation and the process of incorporation only, it is impossible to say that the minority institution has lost its minority character.
We have said that in Basha the Supreme Court took a view of the 1920 situation; the view was a reasoned view; there were many factors, which persuaded their Lordships to come to a final decision that the Aligarh Muslim University was different from the MAO College and was so substantially different as to make the one a free institution notwithstanding the other being a minority one. By Section 2 (l) the reasoning and the decision are directly ridden roughshod over by Parliament; it does away with the reasoning by enforcing by way of declaration that the MAO College became the Aligarh Muslim University by incorporation and that the one is the other excepting for incorporation and incorporation alone; at the same time it lays down in the definition a proposition; the necessary corollary of which is a statement that the Aligarh Muslim University partakes of the same minority status as its substantially indistinguishable predecessor had, that predecessor being the MAO College. The necessary corollary is a very close second step and so close as to be practically indistinguishable from the definition itself. Section 2 (l) therefore seeks to state practically in stark terms that Parliament has overruled the Basha decision. This Parliament is not entitled to do.
We are again grateful to Dr. Dhawan for giving us authorities for the proposition that if a deemed provision is introduced by way of a statutory fiction or enactment, the Court must proceed consequently thereupon also, and not give the definition a truncated meaning by stopping with the definition and refusing to give it its due consequences also.
The root case is the House of Lords decision in the Finsbury Borough Council case, reported at 1952 Appeal Cases 109: (1951) All.ER 587.
This was approved in the case of Arooran Sugars Ltd, (1997) 1 SCC 326, see paragraph 11.
The Supreme Court reproduced the following dictum of Lord Asquith:-
"If you are bidden to treat an imaginary state of affairs as real, you must surely, unless prohibited from doing so, also imagine as real the consequences and incidents which, if the putative state of affairs had in fact existed, must inevitably have flowed from or accompanied it ....The statute says that you must imagine a certain state of affairs. It does not say that having done so, you must cause or permit your imagination to boggle when it comes to the inevitable corollaries of that state of affairs."

The consequence therefore is, that the Court cannot stop from giving effect to the consequence of 2 (l). What is this consequence? The consequence is that Aligarh Muslim University becomes a minority institution. Is it a remote consequence? Not at all. Is it a direct consequence? Most certainly yes. Is it an proximate consequence? The answer is that it is so proximate that it is hardly possible to call it even a mere consequence of S. 2 (l); it was as if Parliament had said the Aligarh Muslim University is a minority institution, full stop.
The learned Single Judge in the court below has opined that this case satisfied the test of Parliament seeking brazenly to overrule a judicial decision. We respectfully agree.
In the original 1920 Act, also, there was a definition. The definitions had not gone up to (l) at that time; Section 2 (h) of the 1920 Act originally defined the term University as follows:-
"2 (h) ''University' means the Aligarh Muslim University."
This definition is changed; this Aligarh Muslim University is made to be substantially indistinguishable in form and succession from the MAO College; the definition Section might be a small one, but it is a vital one. Parliament had no authority in the face of the Basha ruling to make this type of change and sit in appeal or sit in review over a five Judge decision of the Supreme Court. It was not a mere change of basis; the basis which prevailed in 1920 had been looked at by the Court and the view had been taken thereon. A deemed fiction changing that basis by way of a definition section is no different from saying that the decision is overruled and the view is not what the Supreme Court had taken but the view is, as we the Parliament now say it is. We are quite clear in our minds that Parliament overstepped its limits.
Just before 1981 there was another Amendment Act of 1972, which inserted Section 5 (9A), which defined the boundaries with respect to a University mosque. We think that this is neither here nor there. Even in the original statute Section 5 (2) as one of the object clauses laid down that the University would have powers to promote oriental and Islamic studies and give instruction in Muslim theology and religion and to impart moral and physical training. This type of mingling of Islamic study along with other matters does not at all alter the status of the University to a minority status.
Other changes than 2 (l) were also made in 1981, but those we will come to later. We must now more fully explain what it is exactly, in the practical world, that has compelled us to inquire into the free or minority status of this University. There have been time gaps in the list of dates and years in the history of the Aligarh Muslim University, which would make Rip Van Winkle look like suffering from lack of sleep. From 1920 until 1947 or 1950, nothing much happened; it was a period of dormancy. There were amending Acts of 1951, 1965, 1972 and 1981; there was a Basha case in 1967-68; it was, so to speak just a little stirring in bed, but not really getting out of it, because the non-minority institution continued to be non-minority institution through the Basha decision. The 1981 amendments were made, but those remained in the book; it hardly touched anybody; at least it did not touch anybody badly enough for him to come to Court or raise any public issue in the media. Dr. Dhawan said that after the 1981 Act, the University was awaiting the PAI decision; it needed a decision for its stand on reservation. May be so, but it awaited in a state of complete dormancy. There might have been committees within the University thinking of what to do if it is a minority institution, but the waves never went out of the University pond. Then came 2004-2005; examinations were held on the 31st of January, 2005 for the purpose of filing up 157 posts in the stream M.D., M.S., i.e. all Post Graduate Medical Courses. The qualification needed for these studies is that the students have to be already a qualified MBBS, i.e. a qualified practitioner. The Post Graduate Medical Course of the Aligarh Muslim University has been there for a long time and it is a reputed one. Many Post Graduate Doctors from the Aligarh Muslim University will be found in many a reputed Hospital and Nursing Home. We believe this to be so and our belief, in spite of our giving it expression during hearing, was not contradicted by anybody.
50% of these 157 seats, (we shall not bother about the fraction) were attempted to be reserved for the Mohammadan students for the 2005 examinations.
The Mohammadan reservation there has never been for the last 85 years. The University was only in name a Muslim University. There were institutional reservations, but those are possible even for free institutions. The minority status might have been discussed in the private Halls of the University; we do not know about that. The claiming of a Muslim quota came for the first time for the Post Graduate Doctoral courses starting in the year 2005 and the gap is from 1920 to 2005.
Examinations were held; the Muslim quota has been given effect to; 50% seats have been filled up by Mohammadan students who have been given preference on the basis of the their religion; students have felt aggrieved; they have come before the Court; criticism was made that only one or two came first, and then in groups, and mostly after the first interim order had been passed by the Court in a writ petition.
That might be so, but we are herein concerned with the claim of the Muslim reservation after long 85 years; we do not know what the practical effect of a change of a free post graduate doctoral course into a minority reserved post graduate doctoral course will be; it is not for us to inquire into the practicalities. It is for us only to note facts and to go about the law of the matter.
The Muslim reservation was claimed on the basis of and solely on the basis of the 1981 amendments; if there were no amendments in 1981, this litigation would not be on. Two other provisions entered in 1981 by way of amendment are, in our opinion, material, but the others, so far as this court is concerned, can remain on the statute book.
The next amendment after Section 2 (l) is Section 5 (2) (c). This is set out below:-
"5 (2)(c). to promote especially the educational and cultural advancement of the Muslims of India".

We are of the opinion that if the University is free, which according to our judgment it is, this sub-section cannot survive. It is flatly discriminatory. If a clause like this were to be introduced into the Charters of the Banaras Hindu University directing that it should promote especially the educational and cultural advancement of the Hindus of India, it would be discriminatory. This new Section 5 (2) (c) is discriminatory for exactly the same reason. It would be a wrong view to take that by introducing just 5 (2) (c) the Act has so changed the basis or the whole situation as to cause the Court to take a different view from Basha. It would be placing an overmuch importance on a comparatively small thing. The main issue is 2 (l); the decision on that has to shape the decision on 5 (2) (c); we are of the clear opinion that it is not the other way round.
The cross appellants in the Court below asked for striking down of Section 2 (l) and Section 5 (2) (c); they did not specifically ask for striking out of another amendment which is certainly related to the minority issue.
In the preamble of the 1920 Act, it is stated as follows:-
"An Act to establish and incorporate a teaching and residential Muslim University at Aligarh".

By the 1981 Act, the words ''establish and' have been removed. The reason is very simple; Article 30 uses the word establish; if establishment and incorporation are even kept in proximity, there might be a doubt whether incorporation alone might rob the University of its minority status; incorporation is a single factor, but it is not an unimportant factor. It is a process, but it is a process of a very high order. It is only by incorporation that Universities could be brought into being in 1981, apart from a deemed status being given to it. Leaving the words ''establish and incorporate' together would therefore militate with the object and purpose of introduction of Section 2 (l); it was therefore sought to be removed by the 1981 Act.
We are of the opinion that this removal is bad and must be struck down. The preamble of the Act must remain as it was.
The Supreme Court having taken a view that ''incorporation and establishment' are connected and are importantly connected, that view taken in regard to the 1920 situation, cannot be summarily overruled by Parliament so as to bring into existence a new minority institution.
We are therefore of the opinion that along with 2 (l) Section 5 (2) (c) must also fall and there should be a restoration of the preamble as it was.
This brings us to a second point, which arose during the course of argument; it was not argued in the Court below, but the Court having felt the necessity of hearing views of both sides on it, put the query to them and answers came forth with all the usual compliance and learned expertise.
It is a point of legislative competence. We are concerned with a simple Act of Parliament of 1981. We are not concerned with a constitutional amendment or, as Dr. Dharwan prefers, an exercise of a constituent power by Parliament. Nor we are concerned with any such unprecedented thing as a referendum to the people of India and the change, or part breakdown as per Dr. Dhawan, of the Constitution on the basis thereof. These are different and higher matters. We are concerned only with a simple Act of Parliament, which cannot by itself amend the Constitution. The Aligarh Muslim University is not merely a University, but a field of legislative power. Entry-63 of List-I of the 7th Schedule of our Constitution runs as follows:-
"The institutions known at the commencement of this Constitution as the Benares Hindu University, the Aligarh Muslim University and the [Delhi University; the University established in pursuance of Article 371-E;] any other institution declared by Parliament by law to be an institution of national importance".

Section 2 (l) of the 1981 Act defines the Aligarh Muslim University. It is a definition different from what prevailed on the date of adoption of the Constitution. The new purported definition is not mechanical or unsubstantial and not something to which the principle de minimis non curat lex is applicable. It is a substantially altered definition of an item mentioned in the Constitution. In our opinion, the definition of any word or item in the Constitution cannot be inserted by Parliament excepting by way of a Constitutional amendment. On this ground, the 1981 Act suffers from the lack of legislative competence.
See how this works out in practice. If the 1981 Act were not there, Parliament would be legislating for Aligarh Muslim University, although the State of Uttar Pradesh would be legislating for other Universities situated in the State of Uttar Pradesh under Entry-32 of List-II. Parliament could not, say, in 1980, even purport to make a law or cause a subordinate legislation to come into being to the effect that 50% of the Aligarh Muslim University Post Doctoral seats would be reserved for Mohammadans. That is because Basha was holding the field. Aligarh Muslim University was a free University and 50% seats could be no more reserved for Muslims there than for Hindus in B.H.U. So Parliament could not do it in 1980. However, the 1981 Act then came into being. If it is good, then 2 (l) changes the free status of the University into a minority status, as a matter of definition and by force. And immediately direct consequences result. The University and its officials boldly put forward the Muslim reservation, which was incompetent even for Parliament to put forward in 1980. How has this power been purported to be assumed? Because of the 1981 Act and none other. So Parliament has given to a University a power to do something, which it was incompetent to do even by legislation; how has it given that power? It has given that power by simple legislation. If that legislation is valid, then it has succeeded in giving power beyond its own ordinary power as per the Constitution, to some other authority. This is absurd; the absurdity occurred because and only because Parliament has sought by a simple Act of Parliament to define a Constitutional institution and field.
Parliament is similarly incompetent from another point of view. A minority institution cannot be created by Parliament; only a minority can create it. Whether a minority has succeeded in creating an Article 30 institution of the Constitution or not, is in the peculiar province and jurisdiction of the courts of law to declare. Parliament is incompetent to declare by, at least a simple legislation, an institution to be a minority institution. If it could do that then it could add to Article 30 by saying A,B,C,D, etc. will be Article 30 institutions. Parliament cannot do it, not at least by a simple Act of Parliament, if by anything else. When a dispute arises as to the minority status, parties come to Court and the Court takes a view; the taking of this view either results in a declaration or otherwise of the minority status of the institution. In this instant case, the Court had taken a view. The view was taken on facts and on the effect of the rights, liabilities and duties attaching to the institution being the Aligarh Muslim University. It was within the province of the Court to take this view. Once this view is taken, it cannot be dislodged by an Act of Parliament; it cannot perhaps be dislodged by any means, and in this issue the point of changing the basis of the judgment, or brazenly overruling a Court's judgment is not involved. It is a point of incompetence of Parliament. It is only for a Court to decide whether an institution is a minority institution or not; the Court can take a different view at a different point of time, but Parliament has no authority to force the Court to take such a different view in a minority status matter. Just as a carpenter has no power to force the soil, air and sunlight to produce a tree, Parliament has no power to force on to a Society a minority institution. Politics is not permitted in this restricted constitutional field. We would strike down the aforesaid provisions of the 1981 Act on this separate ground alone, and we make it clear that in this and the earlier ground of Parliament directly overruling Azeez Basha, both of us have felt absolutely in agreement.
The reliefs, which we ought to grant, have now to be reasoned out; we have not fully heard out the admitted Mohammadan students on the basis of the quota, which we now declare to be invalid. We have heard their appeals and we take their appeals on record. These Post Doctoral courses last for a year or two. Those started in the beginning of the year 2005 and the year is over. We are unable to upset the study programme of these qualified Doctors, who have got in, so far as the records show, perhaps luckily but without any fault of their own. The fault might lie with the University because of its insufficient foresight and its insufficient publicity in taking in as many as 50% Mohammadan students when they were claiming the Mohammadan reservations after 85 years of the incorporation of the University for the first time, but we leave it to the conscience of the University and its key people and its advisors.
The University communicated with the Union of India before it claimed the reservation for itself and went ahead with the examinations. The concurrence of the Union was communicated to the University by its letter dated 25.2.2005. The concurrence therefore came far later than the examinations; the concurrence was rendered temporarily invalid within a fortnight by the passing of the interim order of Court. We cannot help saying that people in high positions should have thought a little more about the uncertainty they might be introducing in the career of students before they went ahead with a somewhat sudden claim of a Muslim minority quota.
We are unable to dislodge the students, who are studying and we are aware that this will have to be at the cost of the cross appellants, who are 34 in number. Dr. Dhawan was at pains to show how only a few of them might still, in any event, be said to somewhat aggrieved, but we are of the opinion that it will not serve any useful purpose to enter into these details now, as we cannot grant them much relief. Even the locus standi of the students was challenged at first, but the issue of locus is such a narrow one that it would be impossible to say that none of the cross appellants had in any view of the matter any legal locus standi to challenge the Muslim quota. Locus on the part of the Minority Commission and the Union of India was also challenged by the cross appellants in their turn. We have found these objections to be not worthy of detailed, or even any, discussion in a heavyweight constitutional matter like this. The relief that we grant to the students, if relief those can be called, are spelt out below. Before the 50% claim of Muslim quota, the Aligarh Muslim University had 75% institutional reservation and 25% free admission on all India basis. Dr Dhawan was at pains to argue that at present an institutional reservation above 50% is not possible. We are however not concerned with institutional reservation as a rule, but with moulding of relief for a year; the issues are thus, so far as we understand, slightly different.
On the above basis, the following orders are passed.
(i) The judgment and order under appeal is affirmed excepting to the extent indicated below;
(ii) The Aligarh Muslim University is declared to have always been and is a free institution and not a minority institution within the meaning of Article 30 of the Constitution and that the ruling in Basha is in no way touched.
(iii) Sections 2 (l) and 5 (2) (c) introduced in the Aligarh Muslim University Act of 1920 by the said 1981 Amendment Act are invalid and those insertions are struck out.
(iv) The removal of the words ''establish and' from the preamble of the 1920 Act by the 1981 Act is invalid and those words are restored to the preamble.
(v) The claim of 50% Mohammdan quota for the post graduate medical courses by the University is declared as unconstitutional and impermissible and they shall make no claim of minority quota in like or other manner in future.
(vi) The Union's communication dated 25.2.2005 vetting the purported minority status of the Aligarh Muslim University by permitting their claim of Muslim reservation is quashed and set aside.
(vii) The admission of Muslim students made on the invalidly claimed quota of 50% is maintained on account of pure practicality.
(viii) The University shall undertake an exercise of recasting the results of the examinations of 2005 and will ascertain thereby which of the cross appellants would have secured admission instead of which of the Mohammdan students admitted in the 50% quota; alternatively which of the 34 cross appellants would have obtained a more preferred choice of discipline according to their priorities, and instead, which Mohammdan students were permitted to have such disciplines because and only because of the 50% quota. The exercise shall be made by way of recorded writing and preserved in the documents and records of the University and communication shall be made by the University in this regard to the cross appellants or their advocates on record within a period of a fortnight from the date of completion of judgment.
(ix) The above exercise will not mean that any of the Mohammdan students will be dislodged by any of the cross appellants; the exercise will however mean that if possible, the University will offer the newly seen to be entitled cross appellants disciplines more of their choice, if according to the University they will be able to complete such disciplines within the limited time available in a reasonable manner.
(x) Furthermore, if any of the so seen newly entitled candidates have not secured admission to the Aligarh Muslim University at all and take the examinations for the post doctoral course in 2006, then and in that event, the better result of the two years shall be counted in favour of such cross appellants; it is clarified that such better results will be counted only within the same institutional reservation.
In granting the above orders, we are aware that in the Court below the prayer for restoration of the preamble of the Act to its original form was not made; in this type of litigation, however, in our opinion, the procedure of amendment is infinitely less important than the arguments made on the relief, and the necessity of making as quickly as possible one full and compendious order, so far as one particular Court is concerned, at one and the same time.

Dt/-22.12.2005
RKK/RK

Allahabad: Muslims no longer a minority

HIGH COURT OF JUDICATURE OF ALLAHABAD
Reserved
Court No.19
Civil Misc. Writ Petition No.34892 of 2004
Committee of Management,
Anjuman Madarsa Noorul Islam Dehra Kalan,
Ghazipur through its Manager & others.......................Petitioners

Vs.

State of U.P. Through Secretary,
Minority Welfare and Waqf Department,
U.P., Lucknow and others..........................................Respondents

Hon. S.N. Srivastava, J.

Since I have been scheduled to sit at Lucknow Bench of this Court from 9th April, 2007, I consider it appropriate to pronounce operative part of the judgment of the writ petition. This operative part of the judgment shall be followed by the rest judgment.

For the reasons to be detailed in the body of the judgment of the writ petition, writ petition succeeds and is allowed. The impugned order dated 17.5.2004, passed by the State of Uttar Pradesh recognising Opp. Party nos. 4 to 6 on Grant-in-Aid as religious Muslim minority institutions is quashed and it is held that any institution founded by petitioners or Opp. Party nos. 4 to 6 are not entitled to be recognised for Grant-in-Aid as religious minority institutions in the State of Uttar Pradesh after applying twin criteria, i.e., population and strength of a religious community as laid down by the founding fathers of the Constitution of India as is clear from proceedings of Constituent Assembly to determine any religious community as a religious minority. The Court finds that Muslims have ceased to be a religious minority community in the State of Uttar Pradesh on consideration of the materials on record which includes various Census Reports including Census Reports of 1951 and 2001 and, therefore, directs State of Uttar Pradesh to treat any member of Muslim community equal to other non-minority religious communities without discriminating in any respect in accordance with law being an integral part of citizenry of India

(i) A writ in the nature of mandamus is issued commanding State of Uttar Pradesh to consider Applications of petitioners and Opp. Party nos. 4 to 6 or other Applications of other institutions founded by Muslim community for recognition on Grant-in-Aid in the similarly situated manner as other non-minority institutions are being dealt with in accordance with law without any discrimination.

(ii) A writ of mandamus is also issued to Union of India and the State of Uttar Pradesh to take appropriate steps to modify the notification dated 23.10.1993 issued by the Union of India accordingly.

(iii) A writ of mandamus is further issued commanding the Chief Secretary, Uttar Pradesh to initiate an enquiry into the serious allegations of corruption made by petitioners in Paragraphs 9 and 10 of the Supplementary Affidavit dated 1.2.2007 filed by Zulfikar Ahmad, Manager, Anjuman Madarsa Noorul Islam Dehra Kalan, Ghazipur, which runs as follows:-

"9. That to the utter surprise the respondent in collusion particularly the Secretary Sri Chandra Prakash by taking illegal gratification of Rs.5 lacs has taken certain more institutions on grant including Madarsa Khanam Zan of Varanasi and Madarsa Ahle Sunnat Ateequia Gonda.

10. That same demand is being done in respect of Petitioners institution as well and demand of Rs. 8 lacs is being done in respect of other newly prepared 100 institutions vide G.O. Dated...whereas the consideration of Madrsa recognised in year 1996 is being harass that its case was refused on basis of delay vide order .......The copies of order cancelling the Madrsa taken on grant amongst 67 and allotment of fresh Madarsa at its place vide order dated 13.12.06 are also being annexed as.....to this affidavit along with copy of order of this High Court...."

The enquiry shall be made for orders passed recognising the institutions for Grant-in-Aid from the year 2003 upto now. Such enquiry shall be conducted by an Officer not below the rank of Principal Secretary which shall be completed within three months' from the presentation of a certified copy of this order and further action shall be taken accordingly.
There shall be no order as to cost.
5.4.2007
bgs/-

Reserved
Court No.19

Civil Misc. Writ Petition No.34892 of 2004
Committee of Management,
Anjuman Madarsa Noorul Islam Dehra Kalan,
Ghazipur through its Manager & others.......................Petitioners

Vs.

State of U.P. Through Secretary,
Minority Welfare and Waqf Department,
U.P., Lucknow and others..........................................Respondents

Hon. S.N. Srivastava, J.

By way of this writ petition, the petitioner No. 1- Committee of Management of Anjuman Madarsa Noorul Islam Dehra Kalan, Ghazipur (hereinafter referred to as the 'Madarsa'), and the petitioner No. 2, is the Manager of the Madarsa, pray for quashing the impugned order dated 17.5.2004 passed by the State of U.P., recognzing 67 Madarsas for grant-in-aid. They further prayed for to issue a writ of mandamus commanding the State of U.P. to recognise the petitioners' Madarsa for Grant-in-Aid and any other further suitable relief which this Court deems proper.

In the year 1995-96, out of 204 Madarsas which were founded and recognized by the Muslims minority were recommended for grant-in-aid, out of which 68 Madarsas were recognized for grant-in-aid. By an order dated 17.5.2004, 67 other remaining Madarsas were again recognised for grant-in-aid. In 2006 out of remaining 66, 32 Madarsas were recognised for grant-in-aid. The grievance of the petitioners is that though petitioners' Madarsa was also founded by Muslim religion minority and was permanently recognised altogether, but the State of U.P. refused this for grant-in-aid, though it fully satisfies all the norms. It was further pleaded by the petitioners that the opposite parties no. 4 to 6 are such Madarsas which do not satisfy the criteria for recognition for grant-in-aid and are private Madarsa in which all the family members of the Manager are teachers and employees and other requirements are also not satisfied. It was further pleaded that though the Madarsa at Sl. Nos. 12, 13, 16, 17, 19, 20, 22, 29 and 29 in the list of recognised minority institutions for Grant-in-Aid are also founded by the Muslim minority but they also did not fulfil any norms, but were wrongly recognised for grant-in-aid, ignoring the petitioners' Madarsa.

Learned counsel for the parties were heard on 3.11.2006 and the matter was placed on 7.11.2006 for further hearing. During the course of the arguments certain questions relating to minority arose. As the petitioners and the opposite parties no. 4 to 6 were claiming themselves as minority institutions founded by the Muslim religion minority notified under Section 2(c) of the National Minority Commission Act, 1992 by Notification dated 23.10.1993, the question arose to be considered what is the definition of Minority and who could be recognised as religious minority and its criteria for recognition. This Court by a detailed order dated 18.12.2006 framed certain issues and also issued notices to the Union of India, Registrar General, Census, New Delhi and National Commission for Minority, New Delhi. The order dated 18.12.2006 passed by this Court is being reproduced as follows:-
"Sri N.A. Khan, learned counsel for petitioner states that petitioner has moved an application on 23rd November, 2006 to the competent authority, but no communication has been made so far to from the competent authority as to the order passed on the application.
On the other hand, Sri S.C. Dwivedi, learned counsel representing opp. Parties, states that for the purpose of determining whether petitioner is an minority institution and is entitled to inclusion as such in the list of aided institutions, a Committee has been constituted and an enquiry in this regard is going on about all the Institution which are claiming grant-in-aid as minority institutions. As petitioner and other Institutions are claiming benefit of Minority Institutions being a group of Muslim community and a similar controversy is also involved in Writ Petition No. 42265 of 2006, this writ petition is also connected with Writ Petition No. 42265 of 2006.
In Writ Petition No. 42265 of 2006, this Court on 11th December, 2006 has framed certain issues, which are as under:-
(i) What is the definition of minority?
(ii) Who could be recognized as a member of minority religion and what would be the criteria for recognizing minority?,
(iii) Whether minority could be recognized at national level, provincial level or at regional level? and
1.Whether a community having more than 5% of the total population in the country could be recognized as minority?"

Learned Standing Counsel referred judgment of the Apex Court reported in AIR 2003 SC, p. 355, T.M.A. Pai Foundation V. State of Karnataka. He also placed before me another case law of the Apex Court reported in AIR 2005 S.C., 3172, Bal Patil and another V. Union of India and others, Paragraph 34 of which makes it clear that every group in India is minority. Paragraph 10,11 and 34 of the judgment of the Apex Court are being reproduced below:-

"10. The expression 'minority' has been used in Article 29 and 30 of the Constitution but it has nowhere been defined. The Preamble of the Constitution proclaims to guarantee every citizen 'liberty of thought, expression, belief, faith and worship'. Group of Articles 25 to 30 guarantee protection of religious, cultural and educational rights to both majority and minority communities. It appears that keeping in view the constitutional guarantee for protection of cultural, educational and religious rights of all citizens, it was not felt necessary to define 'minority'. Minority as understood from constitutional scheme signifies an identifiable group of people or community who were seen as deserving protection from likely deprivation of their rights by other communities who happen to be in majority and likely to grain political power in a democratic form of Government based on election.

11. In the back ground of constitutional scheme, the provisions of the Act therefore instead of giving definition of 'minority' only provide for notifying certain communities as 'minorities' who might require special treatment and protection of their religious, cultural and educational rights. The definition of 'minority' given under the Act in section 2(c) is in fact not a definition as such but only a provision enabling the Central Government to identify a community as a 'minority' which in the considered opinion of the Central Government deserves to be notified for the purpose of protecting and monitoring its progress and development through the Commission.

34. The above-mentioned constitutional goal has to be kept in view by the Minorities Commissions set up at the Central or State levels. Commissions set up for minorities have to direct their activities to maintain integrity and unity of India by gradually eliminating the minority and majority classes. It, only on the basis of a different religious thought or less numerical strength or lack of health, wealth, education, power or social rights, a claim of a section of Indian society to the status of minority is considered and conceded, there would be no end to such claims in a society as multi-religious and multi-linguistic as India is. A claim by one group of citizens would lead to a similar claim by another group of citizens and conflict and strife would ensue. As such, the Hindu society being based on caste, is itself divided into various minority groups. Each caste claims to be separate from the other. In a caste-ridden Indian society, no section or distinct group of people can claim to be in majority. All are minorities amongst Hindus. Many of them claim such status because of their small number and expect protection from the State on the ground that they are backward. If each minority group feels afraid of the other group, an atmosphere of mutual fear and distrust would be created posing serious threat to the integrity of our Nation. That would sow seeds of multi-nationalism in India. It is, therefore, necessary that Minority Commission should act in a manner so as to prevent generating feelings of multinationalism in various sections of people of Bharat."

In view of the judgment of the Apex Court, the question arises whether there is any such identifiable group of people or community who were seen as deserving protection from likely deprivation of their rights by other communities who happen to be in majority and likely to gain political power in a democratic form of Government based on election.

As held by the Apex Court that the concept of minority was introduced to given protection to some groups from likely deprivation of rights of minority by other communities who happen to be in majority and likely to grain power in democratic form of the Government, whether at present there is any such likelihood of deprivation of any group or minority and they are entitled to get protection under Articles 25 to 30 of the Constitution of India and whether under such protection any institution instituted and founded by any minority group, including petitioner, is entitled to get benefit under the Constitution of India. The question further arises to be considered is that if this was the intention of the Constituent Assembly to make provision of Articles 25 to 30 of the Constitution of India due to feeling of afraid atmosphere, mutual fear and distrust which was created at the time of partition of the country which has already come to an end, any such protection will not create sow seeds of multinationalism in India. In order to consider all these questions, this Court also considers it appropriate to implead Union of India, through Secretary, Ministry of Home, New Delhi, National Commission for Minority of India, New Delhi through its Chairman and the Registrar General, Census Department, New Delhi. They shall also file their respective affidavits along with such materials as mentioned in the order dated 11th December, 2006 and also to the following facts.

(i) What was the total number of population of India on the date the Constitution of India came into existence,
(ii) The total population of all the minority communities including Budhist Muslims and Christians etc. on the date the Constitution of India came into force.
(iii) What is the total population of minority communities in the latest census of 2001.
(iv) In case Census was conducted as regard the other minority groups on the caste basis, the details of the same shall also be produced and
(v) The Government of India shall also produce before the Court report of the Justice Sachchar Committee which according to learned Standing Counsel is also relevant in the matter.

Dr. Asho Nigam, learnd Additional Solicitor General of India has accepted notice on behalf of Secretary, Ministry of Home, New Delhi and Registrar General Census Department, New Delhi.

Let notices be issued by the Registry of this Court to National Commission for Minority, New Delhi through its Chairman.

The State of U.P. shall also file counter affidavit on the facts stated above.

Put up on 22nd January, 2007 for further arguments.

Registry is directed to serve certified copies of this order to Dr. Ashok Nigam, learned Additional Solicitor General of India, learned Chief Standing Counsel, State of Uttar Pradesh and learned counsel for the petitioner within three days. Registry is also directed to send certified copy of this order along with the notice to National Commission for Minority, New Delhi through its Chairman within a week."

The case was again heard on 22.1.2007 and on 28.2.2007 and this Court passed the following orders.
22.1.2007
"Sri Ch. N.A. Khan, learned counsel for the petitioners states that petitioners' application has not been decided so far. He has made certain allegations. He prays for and is granted upto 29th January, 2007 to file supplementary affidavit making specific allegation, if any.
Put up this petition on 31.1.2007.
By an order dated 18.12.2006, Registry was directed to serve copy of order to Dr. Ashok Nigam, learned Additional Solicitor General of India on behalf of Secretary, Ministry of Home, New Delhi and Registrar General Census Department, New Delhi and notices were issued to National Commission for Minority, New Delhi through its Chairman.
From perusal of report dated 21.12.2006 it transpires that order was received by Additional Solicitor General of India and a copy was sent to National Commission for Minority, New Delhi through Chairman, but Registry has not submitted report of compliance while impleading all necessary parties in the writ petition.
List this case on 31.1.2007 showing the name of Dr. Ashok Nigam, learned Additional Solicitor General of India along with counsels for other opposite parties.
Registry will also explain why it has not impleaded opposite parties as directed by this Court dated 18.12.2006 and submit compliance report by 25th January, 2007 in Chambers.
Learned counsel for Central Government has not filed any affidavit in compliance to the order passed by this Court on 18.12.2006.
Copy of this order shall be made available to Sri Bhola Nath Yadav, learned Standing Counsel as well as learned counsel for the Central Government.

28.2.2007
Sri Shashi Shekhar Tiwari, learned counsel for Union of India has filed affidavits of Sri R.S. Meena, Assistant Director of Census Operations, Uttar Pradesh, Lucknow and Sri Puranjay Sharma, Legal Officer in National Commission for Minorities, 5th Floor, Lok Nayak Bhawan, Khan Market, New Delhi giving details of census report of 1951 and 2001 as well as Notification dated 23.10.1993 under clause (c) of Section 2 of the National Commission for Minorities Act, 1992 same are taken on record. Sri Ch. N.A. Khan, learned counsel for petitioner may file rejoinder affidavit, if any, by that date.

Dr. Ashok Niam, learned Additional Solicitor General assisted by Sri S.S. Tiwari,Advocate, prayed for some more time to furnish remaining information as directed by earlier order.

U.P. State Minorities Commission represented by Sri J.K. Tiwari, who has filed Vakalatnama today, is impleaded as opposite party no. 10.

As prayed, put up this case on 14.3.2007.

Let copy of this order be issued by the Registry to Sri Shashi Shekhar Tiwari, learned counsel for the Union of India, Sri J.K. Tiwari, learned counsel for the State and learned counsel for the petitioner within 3 days."

After hearing the parties and on perusal of the record a detailed order was passed on 14.2.2007. Order dated 14.3.2007 runs as follows:-
"Heard learned counsel for the parties.
Parties are claiming certain rights as being muslim minority to run minority institution on grant-in-aid. In the connected case, Bahuri Alp Sankhyak Balika Inter College one Phool Chand Yadav claiming himself as Buddhist, praying for recognising a minority institution. Several questions were framed by an order dated 18.12.2006 about definition and recognition of minority group under the Constitution of India. It was brought to the notice of this Court that a notification dated 23.10.93 was issued by Government of India recognising Muslims, Christians, Sikhs, Buddhists, Jain and Parsees as minorities.
It was also brought to the notice of this Court that that Constituent Assembly debates make it clear that minorities were recognised according to their strength and their population. Above minorities were divided in 3 groups i.e. A, B, and C as mentioned in the schedule prepared by a Committee on Minority Rights. Besides that, Buddhists were not recognised as minority by Constituent Assemply.

Group-A consists of population less than � percent in the Indian Dominion omitting States

1.Anglo-Indians
2.Parsees
3.Plains' tribesmen in Assam (other than Tea Gardens' tribesmen)

Group B- Population not more than 1 � percent.
4. Indian Christians
5. Sikhs

Group - C consists of population exceeding 1 � percent.
1. Muslims
According to 11 Judge Bench judgment of Apex Court reported in AIR 2003 Supreme Court 355- T.M.A. Pai Foundation vs. State of Karnataka, specifically defines minority:
"The word 'minority' is not defined in the Constitution but literally it means 'a non-dominant'group. It is a relative; term and is referred to, to represent the smaller of two numbers, sections or group called; 'majority'. In that sense, here may be political minority, religious minority, linguistic minority"
The protection of minorities in our constitution has been deal with by three Judge Bench judgment of the Apex Court (reported in AIR 2005 SC 3172-Bal Patil and another vs. Union of India and others) in paragraph 35, the Apex Court held that:

"The Commission instead of encouraging claims from different communities for being added to a list of notified minorities under the Act, should suggest ways and means to help create social conditions where the list of notified minorities is gradually reduced and done away with altogether.

Apex Court further held that -

"Encouragement to such fissiparous tendencies would be a serious jolt to the secular structure of constitutional democracy".

According to Census of 2001 submitted through the affidavit of Mohd. Akram, Secretary of U.P. Commission for Minorities, Lucknow, the regional proportion on the basis of census of U.P. , the total percentage of different minorities communities are as follows: -

Muslims : 18.50
Christians : 0.1
Sikh : 0.4
Buddh : 0.2
Jain : 0.1

It further appears from the religion proportion of minorities of different districts of the State of U.P. on the basis of 2001 census.

District Muslims Christians Sikhs Buddhists Jain

Saharanpur 39.11 0.17 0.71 0.13 0.37
Muzaffarnagar 39.09 0.09 0.54 0.07 0.49
Bijnor 41.71 0.11 1.56 0.11 0.08
Moradabad 45.54 0.23 0.23 0.06 0.06
Rampur 49.14 0.38 3.21 0.12 0.08
Jyotiba Phule Nagar 39.38 0.28 0.37 0.02 0.04
Meerut 32.55 0.25 0.88 0.09 0.63
Baghpat 24.73 0.09 0.09 0.03 1.54
Ghaziabad 23.79 0.27 0.64 0.10 0.36
Bulandshahr 21.07 0.13 0.16 0.07 0.05
Budaun 21.33 0.11 0.09 0.16 0.02
Bareilly 33.89 0.26 0.80 0.20 0.02
Pilibhit 23.75 0.11 4.59 0.11 0.01
Lucknow 20.52 0.34 0.63 0.12 0.11
Barabanki 22.04 0.08 0.12 0.09 0.11
Bahraich 34.83 0.09 0.32 0.14 0.04
Shrawasti 25.60 0.05 0.07 0.05 0.00
Balrampur 36.72 0.08 0.08 0.18 0.01
Siddharthnagar 29.43 0.06 0.06 0.39 0.00
Sant Kabir Nagar 24.02 0.05 0.04 0.27 0.00

Considering the facts detailed above, learned counsel for the parties are also required to assist the Court apart from other points arises to be considered in this case whether list of minorities notified by notification dated 23.10.93 could be reduced on the basis of latest census report on population and strength of different minority communities to achieve the goal under the constitution as held by Apex Court in Bal Patil and another vs. Union of India and others case (supra).
Sri Yashwant Verma, learned advocate is appointed as Amicus Curiae to assist the Court.
On the request of learned counsel for the parties, put up day after tomorrow for further arguments".

On 16.3.2007, the parties were again heard and a detailed was passed. The copy of the order passed on 16.3.2007 is also reproduced as follows:-

"Chaudhary N.A. Khan, learned counsel for the petitioners has been heard at great length.
He urged that the Muslims were rightly recognised as religious minority group as the population of Muslims is less than 50% in comparison to the majority population in India. He relied upon judgments of Apex Court in T.M.A. Pai Foundation v. State of Karnataka reported in AIR 2003 SC p. 355, P.A. Inamdar and others vs. State of Maharashtra and others case reportedin 2005 (3) E.S.C. 373 and in Islamic Academy of Education and others v.State of Karnataka and others case reported in (2003) 6 SCC,page 697 in support of his case. He further urged that the Muslims, Christians, Sikhs, Budhists,Jains, Jews are minority in comparison to Hindus under the notification of the Government of India dated 23.10.1993. He further urged that the calculation of 50% will be made on the basis of Hindu religion (the way of worship) and as such the minority was determined in comparison with the Hindus.

The questions arise to be considered (i) what is the Definition of Religion (ii) Whether Hindus are members of one religious or identity or are a combination of various religious groups born and brought up in India from time to time including Budhism, Janim,Araya Samajis, Brahm Samajis, Lingayats, Shakts, Shaivs, Escons (Worshippers of Lord Krishna), Sikhism, Kabirpanthis, followers of Shankaracharya, Rmanujacharyas and the group of followers who are involved worship of Lord Krishna and Lord Rama and other groups who perform different way of worship of the God in India.

The question further arises to be considered that in case all the religions born and brought up in India could be considered within Hinduism, then how the Government of India made notification declaring Sikhism, Baudhism and Jainsims religious minority groups. If these groups are treated as minority, rest of religion groups born and brought up in India if taken separately may be treated in minority in comparison to Muslims at least in Uttar Pradesh where the population of Muslims in Census is 18.6% and in some District as mentioned in the order dated 14.3.2007 population ranges from 21% to 49%. All these questions require consideration considering the historical back ground where in the British Rule the census was made from 1851 up to 1941 on the basis of all religious groups separately and were never considered to be part of one religion.

Sri Sanjay Kumar Srivastava, learned counsel appearing on behalf of petitioner-Phool Chand Yadav, Manager Bahuri Alp Sankhyak Balika Inter College, Taruvanava, Patkhauli, District, Kushi Nagar in connected Writ Petition No. 42265 of 2006 claiming himself to be minority institution being Budhists urged that Budhist is a minority group on the basis of population below 50%.

Chaudhary N.A. Khan counsel for the petitioners, prays for and is granted to study the matter and argue the case on 21st March, 2007.

As prayed, put up on 21st March, 2007.

All the teachers and employees who are getting salary shall be paid salary for the month March, 2007 payable in April, 2007."

The case was finally heard on 21.3.2007 and the judgment was reserved.
Sri N.A. Khan, learned counsel for the petitioners, Sri S.C. Dwivedi, learned counsel for Opp. Party nos. 4 to 6,Sri Bhola Nath Yadav, learned Standing Counsel as well as Sri J.K. Tiwari, learned Standing Counsel, appearing on behalf of the U.P. Muslim Minority Commission and Sri Shashi Shekhar Tiwari, learned Standing Counsel for the Union of India, National Commission for Minorities and Registrar General, Census, New Delhi were heard at great length.
Though from the pleading of the parties, both the parties claimed that they founded their institutions as religious minority institutions and are entitled to be recognised for grant-in-aid, but the questions arose to be considered who is minority, whether petitioners or Opp. Parties nos. 4 to 6, who claim themselves as religious minority and whether anybody who is claiming as religious Muslim minority could be recognised for grant-in-aid by the State of Uttar Pradesh being religious minority and what would be the basis for such recognition.

All these parties have already filed their respective affidavits, counter affidavits, rejoinder affidavits, in support of their cases on merits as well as on the issues framed by this Court. Affidavits have also been filed on behalf of the National Commission for Minorities and Registrar General, Census. U.P. Minority Commission, Lucknow is also represented through Jai Krishna Tewari, learned Standing Counsel. It is surprising that such an important issue was involved and the hearing took place on several dates and detailed orders were passed and all the parties were asked to assist the Court. The learned Advocate General did not rendered any assistance of any kind during such prolonged hearing of about three months. He appeared before the Court only on 17.10.2006. On that date the case was adjourned due to ailment of the learned counsel for the petitioners.

The competence of Court to try the questions of public importance which arose in the case while hearing the case was also challenged.

Though initially questions came up for consideration was for grant-in-aid of petitioners' Madarsa being founded by religious Muslim Minority, but during the course of hearing some important questions/matters arose and as such issues were framed on those questions and all the concerned parties were heard on the questions whether the Court is competent to decide the issue of public importance which arose in a case where initially the matter in issue was in the nature of private dispute.

I have gone through the judgment of the Apex Court reported in 2003 (7) SCC 546, Guruvayoor Devaswom Managing Committee and another v. C.K. Rajan and others and I am of the view that according to the law laid down by the Apex Court in this judgment, the Court can try this issue.

In the judgment of Guruvayoor Devaswom Managing Committee and another Vs. C.K. Rajan and others (supra), the Apex Court observed as follows:
VIII. However, in an appropriate case, although the petitioner might have moved a court in his private interest and for Redressal of personal grievances, the court in furtherance of the public interest may treat it necessary to enquire into the state of affairs of the subject of litigation in the interest of justice. (See Shivajirao Nilangekar Patil Vs. Dr. mahest Madhav Gosavi).

This view was further reiterated by the Apex Court in (2005) 5 SCC 298, Ashok Lanka and another vs. Rishi Dixit and others, relevant paragraph 42 of which is being quoted below:
"Furthermore it is well settled that even in a case where a petitioner might have moved the Court in his private interest and for redressal of personal grievances, the Court in furtherance of the public interest may treat it necessary to enquire into the state of affairs of the subject of litigation in the interest of justice (see Guruyayoo Devaswom Managing Committee v. C.K. Rajan, SCC para 50 and Prahlad Singh versus Col. Sukhdev Singh (1987) 1 SCC 727)."

The same view was again settled by the Apex Court in AIR 2003 SC 4531, General Manager, Kisan Sahkari Chini Mills Limited, Sultanpur, U.P. versus Satrughna Nishad. Again similar matter came up for consideration before this Court in 2006 (4) A.D.J. 106 (All.) (Full Bench), Suo Moto Action Taken by the Court Versus I.C.I.CI. Bank Ltd. Allahabad and others. The Division Bench of this Court dealing with the habeas corpus petition framed certain issues of public importance involved in the case and referred the matter to Hon. The Chief Justice to register as P.I.L. to be decided by the appropriate court. The Chief Justice, Allahabad High Court, treating it as a Public Interest Litigation constituted a Full Bench. The Full Bench considering the case of Ashok Lanka and another (Supra) held that it was within the domain of the Court even to enquire the facts of public importance suo moto if exigency so requires and the matter was returned to the same Bench to decide the issue of public importance.
In view of the law laid down by the Apex Court as well as by this Court, the Court is of the view that this Court is fully competent to enquire into the matter of public importance whether the Madarsas founded by the Muslims Minority community could be recognized as Minority institutions and they are entitled to get grant-in-aid as minority institution founded by the religious minority community and other related questions which are germane to the issues are involved in the present case.

Further in view of the law laid down by the Apex Court in (1998) 1 SCC 1, State of Rajasthan versus Prakash Chand and others, 2001 (4) AWC 2688, Prof. Y.C. Simhadri, Vice Chancellor, B.H.U. and others versus Deen Bandhu Pathak, Student and 2001 (1) AWC 383, Chandra Bhushan Tewari versus State of U.P. and others, as this Bench was allocated the work to decide matters relating to Education it had the jurisdiction to decide the case.

On 3.11.2006, this Court was allocated jurisdiction to deal with the education matters and the case was listed before the Court by the order of Hon. The Chief Justice. Since the hearing was continuing, this Court heard parties' arguments to decide the case and questions arise to be considered.

Further, the question whether Muslims constitute religious minorities in India, though initially did not arise, but arose during the course of hearing as parties are claiming minority status being Muslim, could be decided by the Court by framing issues. The law is well settled in the case of State of U.P. and another Vs. Satya Narain Kapoor (Dead by Lrs. And others (2004) 8 Supreme Court Cases 630. Relevant paragraph of the case is quoted below:

"We are not doubting the jurisdiction of the High Court to take cognizance of an issue wherein the element of public interest is involved and to take up and entertain the same as public interest litigation and pronounce upon such issues exercising the jurisdiction which the Constitution does vest in the High Court but that has to be done by following the established rules of practice and procedure consistently with the rules of natural justice. The High Court, if convinced, should have framed specific issues with which it proposed to deal with in public interest and then should have put the State on specific notice inviting its pleadings and documents. Any other party likely to be adversely affected and interested in being heard may have been allowed the opportunity of doing so. A larger issue involving public interest and far-reaching implications should not have been dealt with so lightly, casually and hurriedly as the High Court has done".

In view of undisputed facts and claim about Muslim Religious minority, the Court framed questions and issued notices to afford opportunities to the State of U.P., National Minority Commission, U.P. Minority Commission, Union of India and the Registrar General, Census and opposite parties no. 4 to 6. Full opportunity of hearing was given from 3.11.2006 to 21.3.2007.

The other Writ Petition No. 42265 of 2006 was filed by one Phool Chandra Yadav claiming as religious minority having adopted Budhism and applied for recognition of his institution under the U.P. Intermediate Education Act. The same was refused and thereafter he filed another application for recognition. In that case the question of grant-in-aid was not involved and was also not a case relating to Madarsa. In that case various orders were passed directing the State of U.P. not to pass any order about recognition and it was further directed to constitute Board of High School Intermediate which has not been constituted since 1982 during a span of three months period. Various other interim orders altogether not connected with this case were also passed. The issues involved in Writ Petition No. 42265 of 2006 were altogether different to the issues involved in the present case. The only common question involved was what is the definition of Minority. The parties were not heard on 21.3.2007 in writ petition no. 42265 of 2006 as parties prayed for adjournment. On 21.3.2007, the case was adjourned for 26.3.2007 on the request of learned Standing Counsel. On that date the following order was passed.

"Sri Bhola Nath Yadav, learned Standing Counsel produced before me the order dated 21.3.2007, passed by Special Appeal Bench in Special Appeal No.321 of 2007. The same is being quoted below:-
"It is vehemently urged that the Hon'ble Single Judge in the order dated 11.12.2006, against which primarily this appeal has been preferred, has gone beyond the pleadings and the issue involved or raised by either parties. The learned Advocate General has placed relieance on the judgment of the Hon'ble Apex Court in the case of U.P. Gram Panchayat Adhikari Sangh and others vs. Daya Ram Saroj and others (2007) 2 SCC 138 and submitted that there was no reason for the Hon'ble Single Judge to go beyond the pleadings and the issue involved in the writ petition.
Shri Sanjay Kumar Srivastava, learned counsel appearing for the petitioner-respondent fairly admitted before us that these are not the issues involved nor he sought any such relief in the writ petition.
Admit.
No notice is required to be issued as the sole respondent is represented by its counsel.
List the appeal for hearing before the appropriate Bench in the week commencing 14.5.2007.
Considering the submissions and looking to the facts of the case, it is provided that further proceeding in Civil Misc. Writ Petition No.42265 of 2006, pending before the Hon'ble Single Judge, shall remain stayed until further orders."
From perusal of the aforesaid order, it transpires that special appeal was preferred against order dated 11.12.2006.
In view of the interim order dated 21.3.2007, further proceedings in writ petition shall remain stayed.
This writ petition is disconnected with other writ petition."

Neither the State of U.P. nor any party to the present writ petition raised any objection on the hearing or prayed to postpone the hearing. Learned counsel for the parties participated in the hearing and were heard at great length and after hearing concluded, the judgment was reserved.

After the judgment was reserved, this Court after careful consideration of the case tried to decided by pronouncing judgment. In the meantime this Court was scheduled to sit at Lucknow from 9th April, 2007 till further orders. After considering the entire material on record and following the constitution Bench judgment reported in (2005) 7 Supreme Court Cases 625, Rameshwar Prasad and others (V) Versus Union of India and another and in view of the fact that several questions of public importance were involved, the Court decided to pronounce only the operative portion of the judgment on 5.4.2007 following procedure of pronouncement of judgment indicated in the judgment of the Apex Court to be followed by a detailed reason . Paras 8 and 9 of the judgment in the case of Rameshwar Prasad and others (V) (Supra), are quoted below:-
8. Keeping in view the questions involved, the pronouncement of judgment with detailed reasons is likely to take some time and, therefore, at this stage, we are pronouncing this brief order as the order of the Court to be followed by detailed reasons later.
9. Accordingly, as per majority opinion, this Court orders as under:
1.The Proclamation dated 23.5.2005 dissolving the Legislative Assembly of the State of Bihar is unconstitutional.
2.Despite the unconstitutionality of the impugned proclamation, but having regard to the facts and circumstances of the case, the present is not a case where in exercise of discretionary jurisdiction the status quo ante deserves to be ordered to restore the Legislative Assembly as it stood on the date of the Proclamation dated 7.3.2005 whereunder it was kept under suspended animation.

As far as possible, normally, the reserved judgments are normally pronounced with the complete details, but as the Court was schedule to sit at Lucknow from 9th April, 2007 till further orders, considering the difficulty of pronouncing the judgment reserved at Allahabad at Lucknow reserved at Allahabad in which matters of public importance were involved the Court decided to pronounce operative part of the judgment to be followed by detailed reasons.

In view of the above backdrop, now the Court is considering the arguments raised by the parties and assigning the reasons.

Sri N.A. Khan, learned counsel for the petitioners, urged that the the petitioners are entitled to be taken on Grant-in-Aid as religious minority institution as minority has already been notified by the Union of India by notification dated 23.10.1993 issued under Section 2(c) of the National Commission for Minorities Act, 1972 and Muslims, Sikhs, Budhists, Parsees and Christians were recognised as religious minorities. He further urged that as the Muslim population is less than 50% of the total population of India, they were rightly recognised as minorities. Notification dated 23.10.1993 recognising Muslims and other religious groups as minorities was rightly issued. It was urged by Sri Khan, learned counsel for the petitioners, that petitioners are entitled to get Grant-in-Aid as a Muslim minority institutions as they fulfil all the conditions for Grand-in-Aid as Muslim minority Institution and the Institutions mentioned in the list of Grant-in-Aid which are recognised Minority Institutions were wrongly recognised on Grant-in-Aid as Minority Institutions. He further urged, on the strength of Paragraph-9 of the Supplementary Affidavit of Zulfqkar Ahmad-petitioner no.2 dated 31st January, 2007, that the respondent in collusion to the Secretary Sri Chandra Prakash by taking illegal gratification of Rs. 5 lacs has taken certain more institutions on grant including Madarsa Khanam Zan of Varanasi and Madarsa Ahle Sunnat Ateequia, Gonda. He further referred to Paragraph-10 of the Supplementary Affidavit and urged that the same demand is being made from petitioners' Institution and a demand of Rs.8 lacs is being made in respect of other newly prepared 100 institutions whereas the consideration for grant-in-aid to Madrsas recognised in the year 1996 is being refused. He further urged that the orders recognising any institution or Madarasa on Grant-in-Aid against norms as minority institutions and refusal to recognise petitioners' institution for Grant-in-Aid as Muslim Minority Institution due to non payment of illegal gratification are vitiated in law and are liable to be quashed.

Learned Standing Counsel, urged that any religious group is declared as religious minority by the Central Government, the State has to follow the same. He further urged that the religious Minority was declared under the notification dated 23.10.1993 under Section 2(c) of the National Minority Commission Act, 1992 and the State is recognising the same. In the State of U.P., U.P. Minority Commission was also formed for the welfare of the Minority communities consisting of various religious groups in accordance with the Constitution of India.

Sri Shashi Shekhar Tiwari, learned counsel appearing for Union of India and National Commission for Minority of India, New Delhi through its Chairman and the Registrar General, Census Department, New Delhi urged that the notification dated 23.10.1993 was rightly issued and these religious groups including Muslims were rightly recognised as religious minority communities. Inspite of Court's direction, he could not produce any material disclosing basis of declaring any community as religious minority.Justice Sachchar Committee's report called for by the Court was also not filed by the learned counsel for the Union of India, though Union of India, National Commission for Minority of India, New Delhi and State Minority Commission have filed their respective affidavits and the Registrar General, Census Department, New Delhi has also filed details of various Census data including 1951 and 2001 on all India basis as well as Districtwise Data of State of U.P. on religious basis which are on record. Inspite of best efforts neither State nor Central Minority Commission filed any document to show the basis for declaration of any group as minority community.

Sri S.C. Dwivedi, learned counsel for Opp. Party nos. 4 to 6, urged that Opp. Party nos. 4 to 6 were rightly recognised as religious minority institutions on Grant-in-Aid being founded by Muslims minority community. The writ petition by which the petitioners prayed for quashing the order recognising Opp. Party nos. 4 to 6 and other institution taken on Grant-in-Aid as religious Muslim minority institution is liable to be dismissed.

As parties are claiming recognition for Grant-in-Aid for the Madarsas founded by religious Muslim Minority community, this Court will deal with first question what is religion?

The word 'religion' has not been defined in the Constitution of India. The first case considered by the seven Judges' Bench of Apex Court defined religion in the judgment reported in AIR 1954 SC 282, The Commissioner, Hindu Religious Endowments, Madras v. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt. In Paragraph-17 of the judgment Apex Court has observed as follows:-

"17......Religion is certainly a matter of faith with individuals or communities and it is not necessarily theistic. There are well known religions in India like Budhism and Jainism which do not believe in God or in any Intelligent First Cause. A religion undoubtedly has its basis in a system of beliefs or doctrines which are regarded by those who profess that religion as conducive to their spiritual well being, but it would not be correct to say that religion is nothing else but a doctrine or belief. A religion may not only lay down a code of ethical rules for its followers to accept, it might prescribe rituals and observances, ceremonies and modes of worship which are regarded as integral parts of religion, and these forms and observances might extend even to matters of food and dress."

The Apex Court in Paragraph-22 of the same judgment observed as follows:-
"22........ As we have already indicated, freedom of religion in our Constitution is not confiend to religious beliefs only; it extends to religious practices as well subject to the restrictions which the Constitution itself has laid down. Under Art. 26(b), therefore, a religious denomination or organisation enjoys complete autonomy in the matter of deciding as to what rites and ceremonies are essential according to the tenets of the religion they hold and no outside authority has any jurisdiction to interfere with their decision in such matters."

A Constitution Bench of Apex Court in a judgment reported in AIR 1983 SC, p.1, S.P. Mittal v. Union of India further considered what is the religion. In Paragraph-12 of the judgment, Apex Court observed as follows:-
"12.............The Constitution considers Religion as a matter of though, expression, belief, faith and worship, a matter involving the conscience and a matter which may be professed, practised and propagated by anyone and which may even have some secular activity associated with it.........."
The Apex Court in its judgment made survey of all case laws available upto that time including AIR 1954 SCR, p. 388, Ratilal Panachand Gandhi v. State of Bombay, AIR 1961 SC 1402, Durgah Committee Ajmer v. Syed Hussain Ali Brothers, AIR 1963 SC, 1638, Tilkayat Shri Govindlalji Maharaj v. State of Rajasthan, AIR 1964 SC, 1501, Birakishore v. State of Orissa and AIR 1966 SC 1119, Sasti Yagnapurushdasji v. Muldas Bhundardas Vaishya. In Paragraph 76 of the judgment, the word 'religion' has been defined by the Apex Court. Paragraph-76 of the judgment is being reproduced below:-
"76. ..........The expression 'Religion' has, however, been sought to be defined in the 'Words and Phrases", Permanent Edn. 36A, p.461 onwards, as given below:
"Religion is morality, with a sanction drawn from a future state of rewards and punishments.
"The terms 'religion' and 'religious' in ordinary usage are not rigid concepts.
'Religion' has reference to one's views of his relations to his Creator and to the obligations they impose of reverence for his being and character and of obedience to his will.
"The word 'religion' in its primary sense (from 'religare' to rebind-bind back), imports as applied to moral questions, only a recognition of a conscious duly to obey restraining principles of conduct. In such sense we suppose there is no one who will admit that he is without religion.
"'religion' is bond uniting man to God and virtue whose purpose is to render God worship due him as source of all being and principle of all government of things.
"'Religion' has reference to man's relation to divinity to the moral obligation of reverence and worship. Obedience, and submission. It is the recognition of God as an object of worship, love and obedience; right feeling ship, love and obedience; right feeling towards God, as highly apprehended.
"'Religion' means the service and adoration of God or a God as expressed in forms of worship; and apprehension, awareness, or conviction of the existence of a Supreme Being; any system of faith, doctrine and worship, as the Christian religion, the religions of the Orient; a particular system of faith or worship.
"'The term 'religion' as used in tax exemption law, simply includes (1) a belief, not necessarily referring to supernatural powers; (2) a cult, involving a gregarious association openly expressing the belief; (3) a system of moral practice directly resulting from an adherence to the belief; and (4) an organisation within the cult designed to observe the tenets or belief, the content of such belief being of no moment.
"while 'religion' in its broadest sense includes all forms of belief in the existence of superior beings capable of exercising power over the human race, as commonly accepted it means the formal recognition of God, as members of societies and association, and the term 'a religious purpose', as used in the constitutional provision exempting from taxation property used for religious purposes, means the use of property by a religious society or body of persons as a place for public worship.
"'Religion' is a squaring human life with superhuman life. Belief in a superhuman power and such an adjustment of human activities to the requirements of that power as may enable the individual believer to exist more happily is common to all 'religions'. The term 'religion' has reference to one's views on his relations to his Creator, and to the obligations they impose on reverence for His being and character and obedience to his will.
"The term 'religion' has reference to one's view of his relations to his Creator, and to the obligations they impose of reverence for his being and character, and of obedience to his will. With obligations he may think they impose, and the manner in which an expression shall be made by him of his belief on those subjects, no interference can be permitted, provided always the law of society designed to secure its peace and prosperity, and the morals of its people, are not interfered with."

Thus, on consideration of law settled by the Apex Court religion is a matter of particular thought, expression, belief, faith and worship involving the conscience, man's relationship to divinity, moral obligation and has reverence of one's views of his relationship to the creator.

Considering the definition of religion as settled by the Apex Court detailed above, India consists of two kinds of religions, (1) the religions born on foreign land and brought to India such religions are Islam, Christianity, Zoroastrian and Parsees and (2) religions born and developed in India which are Buddhism, Jainsim, Sikhism, Aryasamaj, Brahmsamaj, Radhaswami, Lingayats, Kabirpanth, Adwaitvad by Adi Jagat Guru Shankaracharya, Religion based on Philosophy of Ramanujacharya, other Saints and Philosophers, Vaishnav Panth, other different religions of Bhakti Marg including Chaitanya Mahaprabhu, ISCON, Saint Nimbarkacharya, Philosophy of Saint Ramanand, Theosophical Society of India, Nirankaris, Panth founded by Swami Vivekanand on the basis of philosophy of Rama Krishana Paramhans, Religion beleiving Lord Rama as God, Religion believing Lord Krishna as God, Aghorpanth, Sufism, Saint Ravidas, Saint Tukaram and other different beliefs, thoughts and religions and different religions believing on different God and Goddess, Tribals who worship the Nature, Tribals have their own God/Goddess in India, hundreds of such Tribal groups who worship different God/Goddess (mostly not connected with each other) throughout India from North East, West Bengal, Orissa, Kerala and Andhra Pradesh, Gujrat, Uttar Pradesh, Chhattishgarh, Jharkhand, Bihar and Madhya Pradesh. Considering the definition of religion as defined by the Apex Court, all these are religions born, developed and existing in India.

It was argued by learned counsel for the parties that Islam, Christianity and other religions notified as religious minority under the notification dated 23.10.1993 and all these religions were rightly declared as religious minority communities in comparison to majority, i.e., Hindus.

It was further urged by Chaudhary N.A. Khan, learned counsel for the petitioners, that in view of the minority in comparison to the Hindus, petitioners as well as entire Muslim community were rightly recognised as religious minority and are entitled to get all the benefits provided by the Constitution of India under Articles 29 and 30 and petitioners' Madarsa is also entitled to get recognition for Grant-in-Aid as religious minority institution.
All the parties were heard on this question also.
On consideration of arguments of learned counsel for the parties and relevant provisions of National Commission of Minorities Act and notification dated 23.10.1993, the Court is considering this question as follows:-
Our Parliament has enacted National Commission for Minorities Act, 1992 (Act No. 19 of 1992). By a notification dated 23rd October, 1993, in exercise of power under Section 2(c) of the National Commission for Minority Act, 1992, the Central Government notified follower religious communities as minority communities:-
1.Muslims,
2.Christians,
3.Sikhs,
4.Buddhists and
5.Zoroastrians

Though this Court by a specific direction directed Union of India and other Opp. Parties to inform the Court what are the basis or reasons or criterion for declaring any community as religious minority community, but neither Union of India not the State of Uttar Pradesh brought any material on record to show criterion for determining a community as religious minority community and as such this Court while considering the question whether Muslim community is a religious minority has to see the proceedings of the Constituent Assembly and various judgments of Apex Court and other Court. Minority has not been defined in the Constitution of India
.
The Eleven Judges Bench of the Apex Court in T.M.A. Pai Foundation and others v. State of Karnataka, AIR 2003 SC 356 has also considered report of the Advisory Committee on minority placed in the Constituent Assembly. A part of Paragraph 157 is being reproduced below:-
"157....similarly, conferring certain rights on a special class, for good reasons, cannot be considered inequitable. All the people of India are not alike, and that is why preferential treatment to a special section of the society is not frowned upon. Article 30 is a special right conferred on the religious and linguistic minorities because of their numerical handicap and to instill in them a sense of security and confidence, even though the minorities cannot be per se regarded as weaker sections or underprivileged segments of the society."
Paragraphs 158, 159 and 160 of the judgment of the Apex Court is also very relevant to the controversy involved in the present case, the same is being quoted below:-
"158. The one billion population of India consists of six main ethnic groups and fifty-two major tribes; six major religions and 6,400 castes and sub-castes; eighteen major languages and 1,600 minor languages and dialects. The essence of secularism in India can best be depicted if a relief map of India is made in mosaic, where the aforesaid one billion people are the small pieces of marble that go into the making of a map. Each person, whatever his/her language, caste, religion has his/her individual identity, which has to be preserved, so that when placed together it goes to form a depiction with the different geographical features of India. These small pieces of marble, in the form of human beings, which may individually be dissimilar to each other, when placed together in a systematic manner, produce the beautiful map of India. Each piece, like a citizen of India, plays an important part in making of the whole. The variations of the colours as well as different shades of the same colour in a map is the result of these small pieces of different shades and colours of marble, but even when one small piece of marble is removed, the whole map of India would be scarred, and the beauty would be lost.

159. Each of the people of India has an important place in the formation of the nation. Each piece has to retain its own colour. By itself , it may be an insignificant stone, but when placed in a proper manner goes into the making of a full picture of India in all its different colours and hues."

160. A citizen of India stands in a similar position. The Constitution recognises the differences among the people of India, but it gives equal importance to each of them, their differences notwithstanding, for only then can there be a unified secular nation. Recognizing the need for the preservation and retention of different pieces that go into the making of a whole nation, the Constitution, while maintaining, inter alia, the basic principle of equality, contains adequate provisions that ensure the preservation of these different pieces."

One of the Hon'ble Judge in Eleven Judges' Bench of the Apex Court in Paragraphs 169, 170 and 184 observed as follows:-

"169. Dr. B.R. Ambedkar while intervening in debate in regard to amendment to draft Art.23 which related to the rights of religious and linguistic minorities stated that "the term 'minority' was used therein not in the technical sense of the word minority as we have been accustomed to use it for purposes of certain political safeguards, such as representation in the legislature, representation in the services and so on." According to him, the word minority is used not merely to indicate, the minority in technical sense of the word, it is also used to cover minorities which are not minorities in the technical sense but which are nonetheless minorities in the cultural and linguistic sense. Dr. Ambedkar cited following example which runs as under:

"For instance, for the purposes of this Art. 23, if a certain number of people from Madras came and settled in Bombay for certain purposes, they would be, although not a minority in the technical sense, cultural minorities. Similarly, if a certain number of Maharastrians went from Maharashtra and settled in Bengal, although they may not be minorities in technical true sense, they would be cultural and linguistic minorities in Bengal.
The Article intends to give protection in the matter of culture, language and script not only to a minority technically, but also to a minority in the wider sense of the term as I have explained just now. That is the reason why we dropped the word minority because we felt that the word might be interpreted in the narrow sense of the term when the intention of this House, when it passed Art. 18, was to use the word "minority" in a much wider sense, so as to give cultural protection to those who were technically not minorities but minorities nonetheless." (See Constituent Assembly Debates Official Report reprinted by Lok Sabha Secretariat).

170. The draft article and the Constituent assembly Debates in unambiguous terms show that minority status of a group of persons has to be determined on the basis of population of a State or Union Territory.
184. In view of what has been stated above, my conclusion on the question who are minorities either religious or linguistic within the meaning of Art. 30 is as follows :
The person or persons establishing an educational institution who belong to either religious or linguistic group who are less than fifty per cent, of total population of the State in which educational institution is established would be linguistic or religious minorities."

Paragraph 246 of the judgment of the Apex Court is also very relevant, the same is being quoted below:-
"246. It has been settled by a catena of decisions of this Court (In RE: The Kerala Education Bill, 1957 (1959 SCR 995), Rev. Sidhajbhai Sabhjai & Ors. v. State of Bombay & Anr..(1963 (3) SCR 837), The Ahmedabad St. Xavier's College Society & Anr. (1975 (1) SCR 173) and St. Stephen's College v. University of Delhi (1992 (1) SCC 558), that Article 30 of the Constitution conferred special rights on the minorities (linguistic or religious. The word 'minority' is not defined in the Constitution but literally it means 'a non-dominant' group. It is a relative term and is referred to, to represent the smaller of two numbers, sections or group called 'majority'. In that sense, there may be political minority, religious minority, linguistic minority, etc."

Paragraph 143 of the judgment of Apex Court is also very relevant in the context of the matter before the Court, the same is being quoted below:-
"143. This means that the right under Art. 30(1) implies that any grant that is given by the State to the minority institution cannot have such conditions attached to it, which will in any way dilute or abridge the rights of the minority institution to establish and administer that institution. The conditions that can normally be permitted to be imposed, on the educational institutions receiving the grant, must be related to the proper utilization of the grant and fulfilment of the objectives of the grant. Any such secular conditions so laid, such as a proper audit with regard to the utilization of the funds and the manner in which the funds are to be utilized, will be applicable and would not dilute the minority status of the educational institutions. Such conditions would be valid if they are also imposed on other educational institutions receiving the grant."

The Apex Court in T.M.A. Pai Foundation case (supra) has recoded a finding in Paragraph-158 that India consists of six main ethnic groups, 52 major Tribes, six major religions, 6400 castes and sub-castes, 18 major languages and 1600 minor languages and dialects. The Apex Court further found that Muslims are neither unprivileged nor weaker section of the Indian society, but the protection of minority was introduced only to instill in them a sense of security and confidence.
On consideration of Constituent Assembly debates, it transpires that at the time of partition on the basis of two nations theory India was partitioned on the ground that Hindus and Muslims constitute two nations, most of the Muslims were expected to go to Pakistan and only few nationalist Muslims were expected to remain in India who were insecure or lacking confidence at the time of partition. The questions arise to be considered Whether sense of insecurity and lack of confidence prevailing at the time of partition still continuing in 2007 and Muslim community are still continuing as minority and how minority will be calculated in comparison to which religious group?

In order to consider these questions, the Court has gone through the relevant part of proceeding of Constituent Assembly.

Constituent Assembly Debates (Proceedings commenced on 9.12.1946 and continued till 24.1.1950 (Vol. 1, published by Lok Sabha Secretariat, New Delhi, 1989))make it clear that Constituent Assembly appointed an Advisory Committee on minority, which submitted a report on minority rights before the Constituent Assembly. Constituent Assembly deliberated the issue and fixed certain percentage of population for consideration of any community as religious minority community.

From perusal of the report, it transpires that the Advisory Committee on Minority divided minorities according to their strength and population and prepared a Schedule in three parts, the same is being reproduced below:-
"...We have divided the minorities according to their strength or according to their population. In the Schedule the three parts are set out and dealt with separately because they require separate consideration proportion to their strength...."

The Court is considering of only such religious minorities mentioned in the Schedule of Advisory Committee on Minority, notified in notification dated 23.10.1993 issued by Government of India under Section 2(c) of National Minority Commission Act, 1992.

From perusal of the Constituent Assembly Debates dated 27th August, 1947, it is clear that the Schedule of religious minority communities was prepared, the same is being detailed below:-
"Group: A-Population less � per cent, in the Indian Dominion omitting States.
1.Anglo-Indians.
2.Parsees.

B- Population not more than 1-1/2 per cent.
3.Indian Christians.
4.Sikhs
C- Population more than 1-1/2 per cent.
5.Muslims.

"This Schedule is based on the strength of the communities in order that the relevant provisions in the subsequent section may fit in and therefore this is merely a formal matter. There is no controversy about it."

The report of the Advisory Committee on minority containing Schedule was adopted on 27.8.1947.
Some members of the Constituent Assembly belonging to Muslim religion were demanding some special rights including proportionate representation of Muslims. Deliberations made in Constituent Assembly by some members on the rights of minorities are relevant in the present context, same are being reproduced as follows:-
Speech of Dr. P.S.Deshmukh
".........I believe I voice the feeling of a large section of this House when I say that the representatives of these minorities have taken a long and and nationalistic view of the whole matter and provided they do not do anything to spoil the good effect. I would like to assure them on behalf of us all that they will never have any occasion to repent what they have conceded. It should always be remembered that we are, speaking the bare truth, a highly charitable and liberal-minded people. Some of our Muslim friends, mostly as a result of the British policy, painted us as tyrants and majority-made oppressors. I have never found any justification for such an accusation, but an unjust and untrue charge was repeated ad nauseium and somehow sustained throughout the last so many years. It is upon those false foundations that Pakistan was demanded and conceded. Very few showed patience to analyse the facts. Rather than tyrannize the minorities, the fact was that in most places the minorities privileges far in excess of what may be called just or fair. In my own curious Province, Muslims still enjoy a position which is even today denied to over 60 per cent of the peasants and workers by our own Hindu rulers.
This is not an occasion on which I would like to go further into the matter than this. I am content that no minority is going to try any more to deprive others of what legitimately belongs to them. For many years past, it was the majority that has been tyrannized. Unfortunately, the so-called majority is dumb and deaf and although many of us try always to speak in their name, I have no hesitation in stating that we have completely failed in translating our words into action. May I ask, Sir, what place has been given to millions of Jats, millions of Ahirs, Gujars, Kurmis, Kunbs, the Adibasis and millions of others. Have we not been a little too engrossed in our own exploits and have given inadequate though to the thousands of these poor people who have sacrificed their lives to give us the present freedom. What place have we assigned to them except to visualize that they will as heretofore blindly, meekly and religiously vote for any one we will choose for them. From this point of view, the situation is gloomy even today...."

Mr. H.J. Khandekar, one of the members of the Constituent Assembly while replying the same on 28th August, 1947 made following speech:-
".....Speaking plainly it means that he desires separate electorates in a different form. I may explain to you the effects of separate electorates in this country. It was because of Lord Mortley Minto that Muslims got separate electorates and the result was that our country was divided into two. The same separate electorates are being brought before us in the form of percentage. If this is accepted either for Harijans or for our Muslim brothers, then it would mean the fulfilment of what my friend Mr. Jinnah has always said "Muslims of India and Muslims of Pakistan"-which means the preparation for Pakistan within India. Much suffering has been caused already. India has been divided into two. Brother Muslims have got what they wanted and was for their benefit. Having got that, they should be good enough not to try to create Pakistan within India and should not bring an amendment of this sort in this House......"

Mr. Naziruddin Ahmad and other speakers also wanted some reservation for muslim community in the Constitution of India, which was refused by the Constituent Assembly and Honourable Sardar Vallabhbhai J. Patel, President of Advisory Committee while replying for such demands of members of the minorities made following speech in the Constituent Assembly, relevant part of which is being quoted below:-

"....I thought that our friends of the Muslim League will see the reasonableness of our attitude and allow themselves to accommodate themselves to the changed conditions after the separation of the country. But I now find them adopting the same methods which were adopted when the separate electorates were first introduced in this country, and in spite of ample sweetness in the language used there is a full dose of poison in the method adopted. (Hear, Hear). Therefore, I regret to say that if I lose the affection of the younger brother, I am prepared to lose it because the method he wants to adopt would bring about his death. I would rather lose his affection and keep him alive. If this amendment is lost, we will lose the affection of the younger brother, but I prefer the younger brother to live so that he may see the wisdom of the attitude of the elder brother and he may still learn to have affection for the elder brother.

Now, this formula has a history behind it and those who are in the Congress will be able to remember that history. In Congress history this is known as the Mohammad Ali Formula. Since the introduction of separate electorates in this land there were two parties amongst the Muslims. One was the Nationalist Muslims or the Congress Muslims and the other the Muslim League members, or the representatives of the Muslim League. There was considerable tension on this question and at one time there was a practical majority against this joint electorate. But a stage was reached when, as was pointed out by the Mover of this amendment in Allahabad a settlement was reached. Did we stand by that settlement? No. We now have got the division of the country. In order to prevent the separation this formula was evolved by the nationalist Muslims, as a sort of half-way house, until the nation becomes one; we wished to drop it afterwards. But now the separation of the country is complete and you say, let us introduce it again and have another separation. I do not understand this method of affection. Therefore, although I would not have like to say anything on this motion, I think it is better that we know our minds perfectly each other, so that we can understand where we stand. If the process that was adopted, which resulted in the separation of the country, is to be repeated, then I say: Those who want that kind of thing have a place in Pakistan, not here (Applause). Here, we are building a nation and we are laying the foundations of One Nation, and those who choose to divide again and sow the seeds of disruption will have no place, no quarter, here, and I must say that plainly enough. (Hear, Hear.) Now, if you think that reservation necessarily means this clause as you have suggested, I am prepared to withdraw the reservation for your own benefit. If you agree to that, I am prepared, and I am sure no one in this House will be against the withdrawal of the reservation if that is a satisfaction to you. You cannot have it both ways. Therefore, my friends you must change your attitude, adapt yourself to the changed conditions. And don't pretend to say "Oh, our affection is very great for you". We have seen your affection. Why talk of it? Let us forget the affection. Let us face the realities. Ask yourself whether you really want to stand here and cooperate with us or you want again to play disruptive tactics. Therefore, when I appeal to you, I appeal to you to have a change in your heart, not a change in the tongue, because that won't pay here. Therefore, I still appeal to you: "Friends, reconsider your attitude and withdraw your amendment". Why go on saying "Oh, Muslims were not heard; Muslim amendment was not carried". If that is going to pay you, you are much mistaken, and I know how it cost me to protect the Muslim minorities here under the present condition and in the present atmosphere. Therefore, I suggest that you don't forget that the days in which the agitation of the type you carried on are closed and we begin a new chapter. Therefore, I once more appeal t you to forget the past. Forget what has happened. You have got what you wanted. You have got a separate State and remember, you are the people who were responsible for it, and not those who remain in Pakistan. You led the agitation. You got it. What is it that you want now? I don't understand. In the majority Hindu provinces you, the minorities, you led the agitation. You got the partition and now again you tell me and ask me to say for the purpose of securing the affection of the younger brother that I must agree to the same, thing again to divide the country again in the divided part. For God's sake, understand that we have also got some sense. Let us understand the thing clearly. Therefore when I say we must forget the past, I say it sincerely. There will be no injustice done to you. There will be generosity towards you, but there must be reciprocity. If it is absent, then you take it from me that no soft words can conceal what is behind your words. Therefore, I plainly once more appeal to you strongly that let us forget and let us be one nation....."

The amendment proposed by the Muslim members were refused by the Constituent Assembly on the reservation and separate electorate.

The matter was again considered by the Constituent Assembly while considering Article 17, i.e., "Conversion from one religion to another brought about by coercion or undue influence shall not be recognised".

Speech of Shri R.V. Dhulekar, member of the Constituent Assembly is very relevant in the context of controversy involved in the present case, the same is being reproduced below:-

"Mr. President, my opinion is that clause 17 should be retained as it stands. In the present environment, all sorts of efforts are being made to increase the population of a particular section in this country, so that once again efforts may be made to further divide the country. There is ample proof, both within this House and outside that many who live in this country are not prepared to be the citizens of this country. Those who have caused the division of our land desire that India may be further divided. Therefore in view of the present circumstances, I think that this clause should be retained. It is necessary that full attention should be paid to this. While on tour, I see every day refugees moving about with their children and I find them at railway stations, shops, hotels, bakeries and at numerous other places. The men of these bakeries abduct these women and children. There should be legislation to stop this. I would request you that an early move should be made to stop all this and millions of people would be saved.

I submit that we cannot now tolerate things of this nature. We are being attacked and we do not want that India's population, the numerical strength of the Hindus and other communities should gradually diminish, and after ten years the other people may again say that "we constitute a separate nation". These separatist tendencies should be crushed.
Therefore, I request that section 17 may be retained in the same form as is recommended by the Advisory Committee."

In Constituent Assembly debate dated 27th August, 1947 Sri B. Pocker Sahib Bahadur, a Representative of Muslim from Madras made following statement:_
".....At present the Muslims are strong and well-organised. Now, if they are made to feel that their voice cannot even be heard in the Legislature, they will become desperate. I would request you not to create that contingency...." (Page 214 of the Constituent Assembly Debates)
Aforesaid statement of a Muslim representative was made in the Constituent Assembly debates after partition of the country has taken place.

Participating in the debate of the Constituent Assembly, Sri M. Ananthasayanam Ayyangar, a representative of Madras in his speech before the Constituent Assembly stated as follows:-
"....In my part of the world, the Madras Presidency, though the Muslims are in a minority, they also joined in this move for separating the country. Have you a responsible for it? Have you a paralled to this carriage that is going on in the Punjab whoever may be responsible for it."

Replying the debates, the President of the Advisory Committee on Minority has made a speech, relevant part of which is being reproduced below:-
"My friends the Mover of this amendment says the Muslim community today is a strong-knit community. Very good, I am glad to hear that, and therefore I say you have no business to ask for any props (Cheers). Because there are other minorities who are not well-organised, and deserve special consideration and some safeguards, we want to be generous to them...."

This was the situation at the time immediately after partition coupled with the finding recorded by the Apex Court that Muslim minorities were never regarded as weaker and unprivileged section of the society, but only for a sense of security and confidence minorities were given special treatment. In Paragraph 246 of the Eleven Judges' Bench judgment of the Apex Court in T.M.A. Pai Foundation and others v. State of Karnataka case reported in AIR 2003 SC 356, word minority was defined and it means 'a non-dominant' group. It is a relative term and is referred to, to represent the smaller of two numbers.

Considering the controversy of Muslim minority in its entirety, this Court feels it appropriate to consider whether the Muslims in India or in State of Uttar Pradesh are non-dominant group which is the intention of the Constitution of India as held by the Apex Court in Eleven Judges' Bench Judgment in T.M.A. Pai Foundation case (supra) followed by the judgments of the Apex Court reported in 2005 (3) ESC 373, (2003) SCC (6) 697, Islamic Academy of Education and another v. State of Karnataka and others.

The Apex Court while considering the case of Jain community claiming as minority has laid down certain principles relating to minority and made observations that such demands may lead to multi-nationalism.
In this regard Paragraphs 10, 14, 20, 21, 22, 23, 25, 32, 33, 34, 36 of Three Judges' Judgment of the Apex Court in Bal Patil and another v. Union of India and others reported in AIR 2005, SC, 3172 are very relevant, same are being reproduced below:-
"10. The expression 'minority' has been used in Article 29 and 30 of the Constitution but it has nowhere been defined. The Preamble of the Constitution proclaims to guarantee every citizen 'liberty of thought, expression, belief, faith and worship'. Group of Articles 25 to 30 guarantee protection of religious, cultural and educational rights to both majority and minority communities. It appears that keeping in view the constitutional guarantees for protection of cultural, educational and religious rights of all citizens, it was not felt necessary to define 'minority'. Minority as understood from constitutional scheme signifies an identifiable group of people or community who were seen as deserving communities who happen to be in majority and like to gain political power in a democratic form of Government based on election.
14. On considering the general functions of the Commission enumerated under section 9 which are only illustrative and not exhaustive, the Commission cannot be said to have transgressed its authority in entertaining representation, demands and counter-demands of members of Jain community for the status of 'minority'. Keeping in view the provisions of the Act, the recommendation made by the Commission in favour of the Jains is in the nature of advice and can have no binding effect. The power under Section 2(c) of the Act vests in the Central Government which alone, on its own assessment, has to accept or reject the claim of status of minority by a community.
20. The history of the struggle for Independence of India bears ample testimony of the fact that the concept of 'minorities' and the demands for special care and protection of their religious and cultural rights arose after bitter experience of religious conflicts which intermittently arose in about 150 years of British Rule. The demand of partition gained momentum at the time the Britishers decided to leave by handing over self-rule to Indians. The Britishers always treated Hindus and Muslims as two different groups of citizens requiring different treatment. To those groups were added Anglo-Indians and Christians as a result of large scale inter-marriages and conversions of several sections of communities in India to Christianity. Prior to passing of the Independence Act of India to hand over self-rule to Indians, Britishers in the course of gradually conceding some democratic right to Indians, contemplated formation of separate constituencies on reservations of certain seats in Legislature in proportion to the population of Hindus and Muslims. That attempt was strongly resisted by both prominent Hindu and Muslim national leaders who had jointly and actively participated in the struggle for independence of India.
21. The attempt of the Britishers to form separate electorates and make reservations of seats on the basis of population of Hindus and Muslims, however, ultimately led to revival of demand for reservation of constituencies and seats in the first elected Government to be formed in free India. Resistance to such demands by Hindu and some Muslim leaders ultimately led to partition of India and formation of separate Muslim State presently known as Pakistan.
22. Many other revelations concerning competing claims for reservation of seats on religious basis can be gathered from the personal diary of prominent national leaders late Abdul Kalam Azad. The diary was made public, in accordance with his last wish only after 25 years of independence. The publication of Azad's diary made it necessary for constitutional expert H.M. Seervai to re-write his chapter under caption 'Partition of India - Legend and Reality' in his book on 'Constitutional Law of India'. Many apprehensions and fears were expressed and disturbed the minds of the Muslims. They thought in democracy to be set up in India, the Hindus being in majority would always dominate and retain political power on the basis of their voting strength. There were also apprehensions expressed by many prominent Muslim leaders that there might be interference with and discouragement to their cultural, religious and educational rights. Abdul Kalam Azad acted as mediator in negotiations between the national leaders of the times namely late Nehru and Patel on one side and late Jinnah and Liaqat Ali on the other. Nehru and Patel insisted that in the new Constitution, there would be one united India belonging to people of various religious faiths and cultures with all having full freedom of their social, cultural religious and other constitutional rights. They advocated one single citizenship to every Indian regardless of his language or religion. The opposing group of Muslim leaders, in the interest of members of their community, insisted on providing to them participation in democratic processes proportionate to their ratio of population and thus counter-balance the likely domination of Hindu majority. They also insisted that separate electorate constituencies based on their population be formed and seats be reserved for them in different parts of India. Late Abdul Kalam Azad tried his utmost to find a midway and thus break the stalemate between the two opposing groups but Nehru and Patel remained resolute and rejected the proposal of Jinnah and Liaqat Ali. The tragic result was that provinces with the highest Muslim population in the erstwhile States of Sindh, Punjab and Baluchistan had to be ceded to form a separate theocratic nation - Pakistan. See the following paragraph 1,314 at pg. 153 of 'Constitutional Law of India' by H.M. Seerval, Fourth Edition, Vol. I:-
"1,314. Azad passionately believed in Hindu-Muslim unity, but he found that from the mid-twenties Gandhi had lost interest in Hindu-Muslim unity and took no steps to secure it. Further, Azad had played a leading part in providing a framework for the Constiution of a free and united India on which the Cabinet Mission Plan was largely based, a Plan which offered India her last chance to remain united. However, Gandhi accepted partition instead, Azad did his utmost to prevent the partition of India, but he failed to persuade Nehru and Gandhi not to accept partition."
23. It is against this background of partition that at the time of giving final shape to the Constitution of India, it was felt necessary to allay the apprehensions and fears in the minds of Muslims and other religious communities by providing to them special guarantee and protection of their religious, cultural and educational rights. Such protection was found necessary to maintain unity and integrity of free India because even after partition of India, communities like Muslims and Christians in greater numbers living in different parts of India opted to continue to live in India as children of its soil.
25. Parsis constituted a numerically smaller minority. They had migrated from their native State Iran and settled on shores of Gujarat adopting the Gujarati language, customs and rituals thus assimilating themselves into the Indian population.
32. We have traced the history of India and its struggle for independence to show how the concept of minority developed prior to and at the time of framing of Constitution and later in the course of its working, History tells us that there were certain religious communities in India who were required to be given full assurance of protection of their religious and cultural rights. India is a country of people with the largest number of religions and languages living together and forming a Nation. Such diversity of religions, culture and way of life is not to be found in any part of the world. John Stuart Mill described India as "a world placed at closed quarters". India is a world in miniature. The group of Articles 25 to 30 of the Constitution, as the historical background of partition of India shows, was only to give a guarantee of security to the identified minorities and thus to maintain integrity of the country. It was not in contemplation of the framers of the Constitution to add to the list of religious minorities. The Constitution through all its organs is committed to protect religious, cultural and educational rights of all. Articles 25 to 30 guarantee cultural and religious freedoms to both majority and minority groups. Ideal of a democratic society, which has adopted right of equality as its fundamental creed, should be elimination of majority and minority and so-called forward and backward classes. Constitution has accepted one common citizenship for every Indian regardless of his religion, language, culture or faith. The only birth in India. We have to develop such enlightened citizenship where each citizen of whatever religion or language is more concerned about his duties and responsibilities to protect rights of the other group than asserting his own rights. The constitutional goal is to develop citizenship in which everyone enjoys full fundamental freedoms of religion, faith and worship and no one is apprehensive of encroachment of his rights by others in minority or majority.
33. The constitution ideal, which can be gathered from the group of articles in the Constitution under Chapters of Fundamental Rights and Fundamental Duties , is to create social conditions where there remains no necessity to shield or protect rights of minority or majority.
34. The above-mentioned constitutional goal has to be kept in view by the Minorities Commissions set up at the Central or State levels. Commissions set up for minorities have to direct their activities to maintain integrity and unity of India by gradually eliminating the minority and majority classes. If, only on the basis of a different religious thought or less numerical strength or lack of health, wealth, education, power or social rights, a claim of a section of Indian society to the status of minority is considered and conceded, there would be no end to such claims in a society as multi-religious and multi-linguistic as India is. A claim by one group of citizens would lead to a similar claim by another group of citizens and conflict and strife would ensure. As such, the Hindu society being based on caste, is itself divided into various minority groups. Each caste claims to be separate from the other. In a caste-ridden Indian society, no section or distinct group of people can claim to be in majority. All are minorities amongst Hindus. Many of them claim such status because of their small number and expect protection from the State on the ground that they are backward. If each minority group feels afraid of the other group, an atmosphere of mutual fear and distrust would be created posing serious threat to the integrity of our Nation. That would sow seeds of multi-nationalism in India. It is, therefore, necessary that Minority Commission should act in a manner so as to prevent generating feelings of multi-nationalism in various sections of people of Bharat.
36. These concluding observations were required after the eleven-Judges' Bench in TMA Pai Foundation case (supra) held that claims of minorities on both linguistic and religious basis would be each State as unit. The country has already been reorganized in the year 1956 under the States Reorganization Act on the basis of language. Differential treatments to linguistic minorities based on language within the State is understandable but if if the same concept for minorities on the basis of religion is encouraged, the whole country, which is already under class and social conflicts due to various divisive forces, will further face division on the basis of religious diversities. Such claims to minority status based on religion would increase in the fond hope of various sections of people getting special protections, privileges and treatment as part of constitutional guarantee. Encouragement to such fissiparous tendencies would be a serious jolt to the secular structure of constitutional democracy. We should guard against making our country akin to a theocratic State based multi-nationalism. Our concept of secularism, to put it in a nut-shell, is that 'State' will have no religion. The States will treat all religions and religious groups equally and with equal respect without in any manner interfering with their individual rights of religion, faith and worship."

In view of the judgment of the Apex Court in Bal Patil case (supra) after considering T.M.A. Pai Foundation case, it is clear that intention to provide minority status was to remove sense of insecurity and lack of confidence in the mind of Muslim and other religious communities at the time of partition of India and further the Apex Court cautioned the country not to create a theocratic State based on multi-nationalism and refused to recognise Jain as a minority.

Considering the matter in its entirety, criterion for minority, i.e., population and strength and also judgments of the Apex Court referred above that the intention was to provide protection to a non-dominant group, this Court is of the view that at present Muslim religious community in U.P. is not a religious minority as there is no sense of insecurity or lack of confidence prevailing amongst them in present scenario. According to the finding of the Apex Court in T.M.A. Pai Foundation case (supra) that Muslim minority is not weaker or unprivileged section of the society.

Historical Back Ground of Muslim Minorityb

Muslim community started claiming as religious minority only just before independence. Islam came in India in 712 A.D. through foreign invaders. First invasion was made by Mohd. Bin Qasim and thereafter a series of invasions were made by Mohd. Gajni and Mohd. Gori etc. Mohd. Bin Qasim established Islamic Rule in Sindh and Multan in 712 A.D. After Mohd. Gori, Mohd. Qutubbuddin Aibak, Akram Shah, Altmus, Gyasuddin Blaban, Razia Sultan, Jalaluddin Khilji, Alauddin Khilji, Firoz Shah Tughlak, IbrahimmLodhi and other Sultans ruled India and thereafter Babar established Moghul rule in 1526 followed Humaun, Akbar, Jahangir, Shahjahan, Aurangjeb and other Moghul rulers and lastly by Bahadur Shah Zafar in greater India. Indian society other than Muslim minority was ruled by Muslim Rulers for about one thousand years over most parts of India. For all these years Indian society other than Muslim minority was subjected to pay Jezia Tax in most parts of India to remain as Hindus and to perform their cultural and religious rites.

Relevant Paragraphs at page 50 of a Book 'Advanced Study in the History of Medieval India (Vol. III: Medieval Indian Society and Culture) by J.L. Mehta is relevant in the present context, the same is being reproduced below:-

"Mohd. Bin Qasim, who laid the foundation of the Muslim Rule in Sindh and Multan (711-12), secured the status of Zimmis for his hindu subjects from the caliph and accorded protection to their lives and property on the receipt of jaziya. Obviously, this step was necessitated as a matter of political expediency because in spite of the loss of independence, the hindu masses, in general offered odgged resistence to forced conversions. It was physically impossible for Qasim and handful of his Arab followers to compel the vanquished multitude 'to choose between Islam and death', particularly, when they were 'armed to the teeth'. Recognition of hindu 'idolators' of Arabia. His example was followed by the turkaofghan rulers of Delhi in their dealings with the hindus. The latter were not treated as full-fledged citizens of 'the Islamic stte' albeit they received status of zimmis-'the second-class' or 'inferior' citizens, which denied them all political rights and made them suffer from certain socio=religious and economic disabilities so as 'to prevent them from growing strong. In the words of Jadu Nath Sarkar,
"The very term zimmi is an insulting title. It connotes political inferiority and helplessness like the status of a minor proprietor, perpetually under a guardian; such protected people could not claim equality with the citizens of the Muslim theocracy."
There developed, with the passage of time, four schools of though for the authoritative interpretation of shara or 'the Islamic law'; these were known as Malakite, Shafite, Hanbalite and Hanafite after the names of their founders-Malik Ibn Anas (715-95 A.D.), Ash-Shafi (767-820), Ahmad Bin Hanbal (780-855) and Abu Hanifah (699-766), Doctors of the first three schools offered no other alternative but death to 'the idolators' including the hindus, on their refusal to embrace Islam. It were the exponents of the Hanifah school alone who permitted their existence in the Islamic state as zimmis. That explains the intesne hatred of the non-muslims by the orthodox muslims fanatics, in general; whenever a muslim ruler fell under the spell of such orthodox ulema, he adopted the policy of religious intolerance and persecution of his hindu subjects. It created a permanent gulf between the hindus and muslims which could not be bridged effectively for a long time. According to an observation, 'the politcal and religious condition under which the hindus were forced to live in a muslim state raised a great barrier between the two communities. The political supremacy of muslims was absolute; the hindus not only enjoyed no political status in practice, but could not even aspire to it under Islamic theory'. While living in their own country and in possession of their own hearths and homes, the hindus were reduced to the status of inferior citizens of 'an Islamic state' as the sultanate of Delhi was usually styled. On the other hand, the muslims, though in microscopic minority, constituted the privileged or the most favoured children of the state who enjoyed the bounties and benefited from all the public welfare and other state enterprises."

Relevant paragraph at page 42 of the Book 'Advanced Study in the History of Medieval India (Vol. III: Medieval Indian Society and Culture) by J.L. Mehta is also relevant, the same is being quoted below:-
"Thus, Islam does not separate religion from politics; in fact, the concept of religion in Islam emerged first, the state was 'an after-thought'. The additional Islamic law does not acknowledge 'the independent existence of state, nor is state regarded as a primary condition of human society. It makes the State completely subservient to the religion of the Prophet. According to the Islamic law, the state is only an instrument to serve the creed in the attainment of its objectives or fulfilment of ideals of the muslim brotherhood. The Islamic theory of state was, therefore, based on a three fold idea of one scripture, one sovereign and one nation; scriptu was the hly Quran, sovereign was the imam (leader), also called Khalifa (the caliph)- political successor to the Prophet, and nation was the millat-the muslim brotherhood. The basic feature of the state, according to this theory, was its 'indivisibility' in all the three aspects. It contemplated the establishment of a theocratic state based on the Islamic law, and recommended only one sovereign, the caliph, to rule over the whole of the muslim world. The caliph was styled as the amir ul momnin-'the leader of the faithful'; his office was thus a political institution based on Islamic injunctions. The sovereignty resided in the millat which elected their imam or the caliph, and the latter was under religious obligation to implement the Islamic law on and for the benefit of his muslim subjects. The Islamic government was, therefore, one which was composed of the muslims, by the muslims and existed for the happiness and welfare of the muslims alone."
This paragraph has references of Books such as Arnol J Toynbee, A Study of History: 12 vols; OUP, 4th impression, 1948, IV, p. 230, Wolseley Haig, CHI,III, p.-10, A.B.M. Habibullah, Foundation of Muslim Rule in India; Allahabad, 2nd ed; 1961, p.2., Toynbee, Study of History, pp.clt; VI, p. 285, Toynbee, Study of History, pp.clt; IV, p. 98, Toynbee, Study of History, pp.clt; VI, pp.98-100, Toynbee, Study of History, pp.clt; VI, p.5,129, 131-132, 245-60.

Pt Jawahar Lal Nehru in his Book titled as 'Glimpses of World History' (Published by Oxford University Press) has given detailed this in Chapter 66. Relevant passage finds place at page 214 of the Book, the same is being quoted below:-
".....Meanwhile, the people of the country, the Hindus, were being slowly converted to Islam. The process was not rapid. Some changed their religion because Islam appealed to them, some did so because of fear, some because it is natural to want to be on the winning side. But the principal reason for the change was economic. People who were not Muslims had to pay a special tax, a poll tax-jezia, as it was called. This was a great burden on the poor. Many would change their religion just to escape it. Among the higher classes desire to gain Court favour and high office was a powerful motive....."

How the assessment of amount of jezia tax was payable by Hindu population is clear from the Book titled as 'The Administration of the Moghul Empire' written by a Historian Ishtiaq Husain Qureshi. The relevant passage is being quoted below:-
"...The assesses were divided into three categories in accordance with their wealth. Those in possession of ten thousand dirhems or more were considered to be wealthy; those who had less than ten thousand but more than two hundred dirhems were classified as belonging to the middle class, those who had less than two hundred dirhems but enough, in addition to the cost of maintaining themselves and their dependents, to pay the tax were considered to be poor. The first category was required to pay forty-eight dirhems per annum; the second twenty-four; and the third twelve. These seem to have been the rates for the urban areas; in the countryside the government levied a flat charge of four per cent of the state demand upon agricultural produce. If the agents of government failed to collect the jiziyah from any one for an entire year, he could not be charged the sum later. A dirhem was roughly 550 English grains of silver..."

The history further makes it clear that population of any community played a vital role for affecting India's polity as well as Geography. Afghanistan was part of Greater India as Gandhar. It was also part of Greater India up to 1739 A.D. and Buddhism was a dominant religion in Afghanistan. Conversion of Buddhists into Islam in Afghanistan started process of separation which completed in 1739 AD when Nadirshah separated Afghanistan from India and merged in his empire. After death of Nadirshah Afghanistan became an independent Muslim State. Due to Islamic Rule for more than one thousand years in Sindh, Punjab, North Western Frontier Provinces and Bengal Hindu majority were converted into Muslim. In the year 1945, the percentage of Muslim population was 54 per cent and Hindus were 45 per cent and others were 1 per cent in Bengal only. Due to certain privileges to Muslims in India Greater India was partitioned in 1947 on the basis of two nations theory that the Muslims and Hindus constitute two nations. Present problem in Kashmir valley is also problem of Majority Muslim population whereas there is no such problem in Jammu and Laddakh where Hindus and Buddhists are in majority. History also makes it clear that due to special privileges to Muslims for more than one thousand years during Muslim Rule, though they were in microscopic minority and special separate rights to Muslims were given by Britishers also after 1906 upto Inidia was actually partitioned on the basis of Muslim population in undivided India. It is clear that population coupled with special rights awarded to Muslims, detailed above, played a greater role in changing history and geography of this country.
As has already been discussed above which is a historical fact that majority of Muslims were converted Hindus and has origin of Hindus ancestors who adopted Muslim religion for various reasons during the period of more than one thousand years of Islamic Rule in the country and the majority of conversion took place due to economic reason of poor who could not pay Jezia Tax compulsorily made payable by Hindu population. Historic Book 'Glimpses of World History' written by Pt. Jawahar Lal Nehru makes it clear that conversion from Hindu community to Muslim religion during muslim Rule took place mostly due to poverty and due to non-payment of Jezia Tax. It is only after the end of the Muslim rule, Hindus and Muslims jointly fought against Britishers in 1857 AD-the first war of independence against foreigners to re-establish India's own rule. This common-ness and nationhood lasted not for more than 50 years, when Muslim League was established in 1906 which started claiming separate rights on the ground of religion which was conceded by Congress as well as British Parliament which ultimately resulted in division of the country on the basis of religion and changed Geography of India.
The above careful study of the history makes it clear that minority rights were given for protecting their right and not to claim any privilege or special rights in comparison to Hindus, but to remove sense of insecurity and lack of confidence in minority, who opposed partition of India, but this minority right was misinterpreted by certain quarters and inspite of the fact that at present the population of Muslim Religious group is more than 18.5 per cent, they are still claiming themselves as religious minority community, though neither there is any insecurity nor there is any lack of confidence in Muslims whereas Muslim Religious group has now become single largest religious dominant group on the basis of population & strength affecting all walks of life including democratic process. It is further clear that in some States of India Muslim population is about 25 per cent and at least more than 13.8% on all India basis. In this backdrop, now Muslims have become a dominant group in all respects and have ceased to be a Religious minority community. As the matter before the Court is relating to Uttar Pradesh, hence the Court is expressing opinion only with regard to Muslim Religious community in Uttar Pradesh. This Court has taken note of historical background, judgments of Apex Court and debates of Constituent Assembly and is of the view that any further recognition of Muslims as a religious minority community will necessarily give rise to multinationalism in India and as such the State of Uttar Pradesh as well as Central Government may consider and pass appropriate orders to delete entry of Muslims as a religious minority community in India.
The above discussions made it clear that ancestors of present Hindu society fought and saved their religion, civilization and culture even by paying Jezia Tax for continuing as Hindu in Islamic Rule in different parts of India and present Indian generation should be grateful for saving their religion, culture and civilisation even under such odd situation.

It is further clear from the History that it was Akbar who did not impose any Jezia tax, but the same was re-imposed lateron by Aurangjeb.

During the period of Muslim Rule for about one thousand year, no member of Muslim community claimed any minority rights. The Britishers thereafter tookover the administration of India. First war of Independence in 1857 was fought by both Hindus and Muslims jointly. After 1857, first war of independence, certain social, political and religious awakening took place in the Indian society. A number of social reformers and religious leaders emerged who worked in the Indian Society some of them were Swami Dayanand Sarswati who established Arya Samaj, Sri Raja Ram Mohan Rai, Swami Vivekanand and various other awakening and political changes also took place in the Indian society towards their rights in this era.

From the Book 'Discovery of India' by Pt. Jawahar Lal Nehru following facts are borne out that how concept of minority was developed in pre independence era:-

Indian National Congress was also established in 1885 and thereafter in 1906, Indian Muslim League was established by some Muslim leaders. Under the banner of Indian National Congress, Hindus and Muslims both participated in the national movement of Independence under the leadership of national leaders belonging to both the communities and ultimately under the leadership of Mahatma Gandhi movement for independence gained momentum. But, Muslim League started claiming separate electorate/franchise for Muslims even prior to 1935.

The above history of Muslim Religious Community in India makes it clear that though Muslims were always in microscopic minority, but constituted the privileged class or were most favoured children of the State who enjoyed all the benefits from the public welfare and other State enterprises during Muslim Rule. The other non-muslim communities for about centuries under the Islamic Rules were underprivileged, weak and nondominant group of the Indian society. Muslim community was dominant upto partition of the India in all spheres of life including polity. The History itself speaks that abnormal growth of Muslim population proved to be a weapon for Muslim community for getting political power and to re-establish the Government in power of their own choice in the democratic process by using their voting rights in one side or the other prior and after partition in India.

The above historical background makes it clear that the Muslim Religious Community was a privileged class in comparison to Non-Muslim religious communities during Muslim Rules and also continuing as such during British Rule which developed a complex in Muslim Religious Community and in order to revive aforesaid privilege the Muslim Religious Community claimed partition of India. Pakistan, Bangladesh and Afghanistan which were part of ancient India were separated from it and are Islamic States and non-muslim religious communities are compelled to reside under the Islamic Rules.

The intention of Founding Fathers of the Constitution of India was not to create any privilege to minority religious community while introducing Articles 29 and 30 of the Constitution of India. This was just a protection given to minorities due to meagre population and strength treating such religious groups as non-dominant groups/communities. Constituent Assembly has categorised these non-dominant religious groups in three classes in the Schedule, i.e., 1/2%, less than 1-1/2% and above 1-1/2%. This was the criteria fixed by the Constituent Assembly for determining religious or linguistic minority. According to the Apex Court it is the region or the State which is the criteria for determining a religious or linguistic minority. Muslim Religious community is at present more than 18.5% of population in Uttar Pradesh is a dominant religious community and no sense of insecurity or lack of confidence exist amongst them at present. The claim of any religious group/community as privileged class may give rise to other community to make such demands which may be detrimental to nation's unity and integrity.

Pt Jawahar Lal Nehru in his Book 'Discovery of India' at page 382 had described minority in India as under:-
" ....Minorities in India, it must be remembered are not racial or national minorities as in Europe; they are religious minorities. Racially India is a patchwork and a curious mixture, but no racial questions have arisen or can arise in India. Religion transcends these racial differences, which fade into one another and are often hard to distinguish. Religious barriers are obviously not permanent, as conversions can take place from one religion to another, and a person changing his religion does not thereby lose his racial background or his cultural and linguistic inheritance. Latterly religion, in any real sense of the word, has played little part in Indian political conflicts, though the word is often enough used and exploited. Religion differences, as such, do not come in the way, for there is a great deal of mutual tolerance for them. In political matters religion has been displayed by what is called communalism, a narrow group mentality basing itself on a religious community but in reality concerned with political power and patronage for the interested group...."

In his Book 'Discovery of India' at page 392, Pt Jawahar Lal Nehru further noted as follows:-

"Mr. Jinnah's demand was based on a new theory he had recently propunded that India consited of two nations, Hindu and Mislem. Why only two. I do not know, for if nationality was based on religion, then there were many nations in India....."

Above observations of Pt Jawahar Lal Nehru that the question of minority was raised by Muslim leaders in order to gain their political powers would be clear from Chapter II of the Book 'The Administration of the Moghul Empire' written by a Historian Ishtiaq Husain Qureshi published in 1973 and reprinted in 1973. The relevant part of Chapter II, pages 22 and 23 are being reproduced below:-
"ISLAM takes a comprehensive view of life and does not separate politics from religion....."

"By the time of the Prophet's death, the Muslim state was already strong and well consolidated. IN its essence it was the organized Muslim community functioning as a religious entity to preserve and propagate its beliefs and to provide the facilities to practise them, confronted with socia, economic and political needs to sustain its life as an independent society, hence organized into a state without which its prime object of maintaining its Islamic character could jeopardized. This need could be felt by any religious group, but in Islam religion was not merely a matter of prayer and belief but it also embraced the external behaviour of man to a degree that such a conception of the Islamic community was inevitable. The Muslim thinkers have mostly upheld this conception of the Islamic State. Their legal thinking also has been affected by this belief; indeed this conception is so deeply immersed in the Islamic doctrine that it would be difficult to separate it from religious thought....."

Founding Fathers of Constitution never expected any such privileged and expected to make India a secular State, but given some protection to some of the religious communities having population about 1-1/2% of total population as religious minority community. The History of Minority narrated above also confirms the same.

Upto 1941, Muslim community never claimed any minority rights. The Hindu and Muslim population ratio available on record makes it clear that Muslim population never gone beyond 12.58% prior to 1941.

Following are the details showing percentage of Hindu and Muslim population according to Census of 1921, 1931 and 1941:-
Census of 1921
Hindu - 84.40%
Muslims -9.57%
Census of 1931
Hindu - 84.34%
Muslims -9.86%

Census of 1941
Hindu - 75.89%
Muslims -12.58%

In 1940, Muslim League started claiming separate nation for Muslims on the ground that Muslims constitute a separate nation and Hindus and Muslim could not live together. Muslim leaders at that time were of the view that after independence perhaps Muslims would be ruled by Hindus, though Muslims were rulers prior to British Rule and majority Hindu population was being ruled by Muslim rulers and after independence there would be dominance of Hindus in administration. Muslims were so dominant in 1941 that on the strength of their population which was 12.58% only compelled the people of India to get a separate country for themselves and Islamic State of Pakistan came into existence.

Census of 1951 makes it clear that inspite of the division of India on the ground that Muslims and Hindus form two separate nations with support of Muslim population residing in every State of India supporting the demand of partition of the country, Pakistan was formed and India was divided, it was expected that except very few nationalist Muslims, who opposed partition of India would remain in India. For protection of those nationalist Muslims minority status was granted to them apart from other minority communities, but the majority of Muslim population did not go to Pakistan and remained in India, i.e., 9.09%, according to 1951 Census report, did continue to remain in India. Population of Muslims played an active role in dividing the country in two nations which shows that at any point of time strength & population of Muslim religious community played a vital role in deciding the fate of the India and that is why Sri Pocker Mohammed, a member of Constituent Assembly while delivering his speech rightly said that the Muslims are a strongly knitted community and also that if special rights are not given to them they will become desperate. Muslim religious group at present has become a major dominant force in democratic India on the basis of their population, voting rights and strength in getting elected their representative and own Government on the basis of their voting power.

Out of 5,37,61,925 of rest of population in 1951 Census the Muslims population was 90,58,992 in U.P. which constituted about 1/6th of total population. Census of 2001, makes it clear that out of total population of U.P. 16,61,57,921, 13,39,79,263, was Hindu population and the Muslims population was 3,07,40,158 which is about 1/4th. It is worthy to notice here that population of Muslims throughout India in 1951 was 3,54,10,123 which is almost equivalent to All India population of Muslims of 1951 at present only in Uttar Pradesh.

A perusal of the chart of the Census available on record also makes it clear that in a number of provinces the population of Muslims is more than 25%. In case Muslim community was in a dominant position at the time of partition only on the basis of 12.58% population and only 3% of Muslim population transferred to Pakistan after partition as is clear from the census of the 1951, though most of the population belonging to Muslim Religious Community throughout India supported partition and achieved their goal as is clear from the Constituent Assembly Debates. Such Religious group has now become a majority group again on the basis of their increased strength & population and if proper Training & Education of patriotism and secularism is not given and are left with any religious elements, it may give rise to multi-nationalism in India. This caution was made by the Apex Court in Bal Patil's case (supra) and as such this Court of the firm view that if in 1941, 12.58% population of Muslims was so powerful that they succeeded in dividing the country how the present population of 18.5% of muslims in the State of Uttar Pradesh could be treated as a religious minority community and a non-dominant group.

Following Chart of the Muslim population in some of the Districts of State of Uttar Pradesh shows the strength of Muslim community which appears to be only dominant religious community which could affect the democratic set up of the country:-

Census -2001, U.P.
Districts Hindu s Muslims

Saharanpur 17,23,226 11,32,919
Muzaffarnagar 21,51,009 13,49,629
Bijnor 17,66,391 13,06,329
Moradabad 20,52,014 17,35,381
Rampur 9,05,062 9,45,277
Jyotiba Phule Nagar 8,97,785 5,90,308
Meerut 19,64,504 9,75,715
Baghpat 8,54,718 2,87,871
Ghaziabad 24,61,008 7,82,915
Gautam Buddha Nagar 10,28,937 1,56,415
Bulandshahr 22,85,976 6,13,660
Aligarh 24,38,496 5,31,956
Budaun 24,02,152 6,54,797
Bareilly 23,45,325 12,26,386
Pilibhit 11,73,317 3,90,337
Shahjahanpur 20,28,913 4,55,049
Kheri 24,82,852 6,12,638
Lucknow 28,52,721 7,48,687
Farrukhabad 13,26,118 2,32,599
Kannuj 11,64,479 2,19,104
Kanpur Nagar 34,48,024 6,53,881
Kaushambi 11,16,223 1,74,698
Allahabad 82,84,834 6,27,735
Barabanki 20,72,421 5,89,197
Sultanpur 26,76,468 5,24,642
Bahraich 15,37,177 8,29,361
Shrawasti 8,72,653 3,01,117
Balrampur 10,58,676 6,17,675
Siddharthnagar 14,28,543 6,00,336
Basti 17,62,973 3,06,540
Sant Kabir Nagar 10,73,646 3,41,154
Maharajganj 17,93,304 3,57,822
Kushinagar 23,94,602 4,87,674
Deoria 23,98,395 3,08,731
Azamgarh 33,32,711 5,93,907
Mau 14,94,344 3,53,003
Jaunpur 34,84,557 3,99,186
Ghazipur 27,22,780 3,00,327
Varanasi 26,27,565 4,97,516
Sant Ravidas Nagar 11,87,835 1,61,962
Bhadohi

Considering the historical background discussed above and the proceedings of Constituent Assembly, it is clear that population and strength was the only norm basis of recognising any community as religious minority community in India. If India could be partitioned in two nations on the basis of 12.58% population of Muslims at the time of partition, the present population of 18.5% of Muslims in State of Uttar Pradesh are more dominant group in comparison to any other religious community according to strength & population and cannot be treated as religious minority community.

As stated above at the cost of repetition that Muslims in India were always in microscopic minority even during Muslim Rule for more than a century and British Rule, but they never claimed any minority right at any point of time. As in the present case, controversy relates to only religious minority, as petitioners and Opp. Party nos. 4 to 6 claimed themselves as Muslim minority and protection under Articles 29 and 30 of the Constitution of India, this Court is expressing opinion about religious minority and not about linguistic minority. It is also made clear that question of backwardness of any community has no nexus and if any group claims backwardness, it has nothing to do with the minority rights under Articles 29 and 30 of the Constitution of India and all the citizens of India may be considered for the purposes of backwardness in accordance with the Constitution of India. It is also made clear that as Muslim Religious community has throughout been remained as a privileged class for centuries, how they became backward and if Muslim religious community claims any special/minority right being backward, who is to be blamed is not a controversy involved in the present case and as such this Court is not expressing any opinion.

Sri Pocker Mohammed, a member of Constituent Assembly participating in the proceeding of Constituent Assembly rightly said that the Muslims are a strongly knitted community, therefore, if special rights are not given to them they will become desperate. Data given above makes it clear that Muslim religious group is now a dominant political force in democratic India on the basis of their population, voting rights in election and strength in getting elected their representative and in electing their own Government of their dominating choice on the basis of their population.

This Court is of the view that on the basis of population Muslim religious community is only single Religious Majority in democratic India and could not be recognised as a religious minority community. In India after enforcement of the Constitution, the people of India including muslim are also free to perform their religious and cultural rites. Constitution of India makes it very clear, as held by the Apex Court in T.M.A. Pai Foundation case (supra) that minority status was given for protection to non-dominant group.

The Constituent Assembly first met on 9th December, 1946 and adopted Constitution of India on 26th November, 1949, but continued upto 24th of January, 1950.

People of India adopted Constitution of India for them. In constitutional democracy sovereign power vests in the citizens of India and by exercising right to franchise citizens elect Legislators and the Government in which only population of any community plays a major role. If 12.58% of muslim population dominated and got partitioned India, 18.50 per cent of muslim population in State of U.P. which is equivalent to national population of Muslims in India after partition of India at present are more dominant force in Indian society and democratic political system.
Considering the facts available on record, I am also taking judicial notice of following facts:-
At present, from State of Uttar Pradesh, 18 Members of Muslim Religion community are in Parliament, nine Members in Legislative Council and 45 Members Members in Legislative Assembly (From Information Diary, 2007 of Government of State of Uttar Pradesh, Published by Information and Public Relation Department). India has also elected three Presidents of India belonging to Muslim Religion community. In India in the communities other than Muslims there are about 6400 casts and sub-castes, more than 100 religious groups of different thoughts and belief and several ethnic groups and all other religious groups/communities are reduced to minority and no other religious group/community, except Muslim community is dominant in India. It is also clear from the Census report of 2001 that Muslims who were 18.50% in 2001, by now after six years in 2007, must have gone above 18.50%, are at present single dominating religious group in comparison to other religious communities in India. In most of the Districts of Uttar Pradesh, Muslims are a dominant religious group constituting population from 20% to 50% according to Census Report of 2001 and in some Districts Muslim population is more than the population of all other religious group. Taking together Muslims at present are a dominant religious majority community affecting all walks of life of Indian society including political scene in the State of U.P. as well and are only dominant religious force/community in comparison to other religious group in India. Neither any sense of insecurity at present is in Muslim Religion Community nor Muslims lack confidence in any field in India. To the contrary as is clear from the Constituent Assembly debates and other materials, members of other remaining religious community were described as deaf and dumb and peace-loving as stated by some of members of Constituent Assembly and have no dominance. It is also clear from the Census Report, 2001 that in Bihar population of Muslims is 1,37,22,048 and Hindu population is 6,90,076,919, in West Bengal Muslim's population was 2,02,40,543 and Hindu population was 5,81,04,835 and in Kerala Hindu population was 1,78,,83,449, Muslim population was 78,63,842 and Christian population was 60,057,427. Similar is the position in other States also. In all India basis also, population of Muslim Religion community constitute 13.60% and they are dominant group in all respects, i.e., strength and population in comparison to other religious groups in India, but in the State of Uttar Pradesh Muslims are no more religious minority group requiring any minority status.

The next question arises to be considered would be once a group recognised as religious minority in the Constitution as minority group ceased to be recognised as a religious minority group in the changed circumstances, i.e., on the basis of strength, population and domination.
Chaudhary N.A. Khan, learned counsel for the petitioners, urged that a religious group may continue to be a religious minority of the total population up to population 49.99% of the total population. In this regard he urged that in India majority consists of Hindu Religious group population and 50% of the total population may be calculated to Hindu population.
Learned counsel for parties were heard on this question also at great length.
The percentage of different religion groups considered by the Constituent Assembly for minorities were in three Groups, i.e., Group A- less than 1/2%, Group B- less than 1-1/2% and Group C- above 1-1/2%. Muslims at that time were above 1-1/2%. The Constituent Assembly fixed criteria for above 1-1/2% which may be interpreted as not more than 2% otherwise Constituent Assembly may have mentioned it less than 5%, but Constituent Assembly considered only above 1-1/2% in the Schedule which was adopted by the Constituent Assembly for recognising a religious community as minority. It is worthy to notice here that Constituent Assembly was constituted before partition of the country. It was expected at the time of partition of India on the basis of two nations theory that most of Muslim population, which led agitation for dividing the country in united India (as is clear from Constituent Assembly Debates) would go to Pakistan and only a small group of such nationalist Muslims who supported Congress and opposed partition would remain in India and appropriate protection was required to be given to such Muslims only. Protection to minority in the Constitution was given to different religious groups, i.e., Anglo Indians and Christians who were attached with the Britishers as dominant religious groups and after leaving Britishers from India being an insignificant group in the matter of population and were not in a position to affect democratic process were protected in the matter of religion, culture and educational institutions, though Christians in some States are now a major dominant religious force and also affects the democratic process such as North Eastern States, Kerala and some other States. Similarly, Parsees who were small in number were also provided protection in regard to religion and culture etc. in view of the fact that they were not in a position to affect/dominate politics in India. Sikhs were also given protection of minority as India was partitioned and lakhs of Sikhs lost their lives and some migrated from Pakistan to India and they constituted population at that time less than 1-1/2 per cent. But so far as Muslims are concerned, the assessment was that the total population of Muslims who would not leave India would be slightly above 1-1/2 percent as is clear from the Schedule prepared by the Advisory Committee on Minority headed by Sardar Vallabh Bhai Patel adopted by Constituent Assembly. Had the Constituent Assembly visualised this fact that after partition of India and after exchange of Hindu and Muslim population, substantial population of such Muslims who led agitation in different parts of India for partition of the country and divided the country would remain in India even after partition of the country and major part of Muslims population would not migrate to Pakistan, the Constituent Assembly would not have fixed the criteria mentioned above. That is why Constituent Assembly had fixed 1-1/2% criteria otherwise it would have fixed 5% or 10%.As held by the Apex Court in T.M.A. Foundation(supra) case that the provision of special rights to minorities was introduced to remove their sense of insecurity and lack of confidence, the provision of minority was not intended to create any privilege to any section of the society in the name of minority institutions over and above rights of majority group (other than Muslims). It was to remove inequality vis-a-vis other communities and that is why 1-1/2% was fixed so far as Indian Muslims who adopted Indian citizenship after partition as Indians are concerned. As stated above, Schedule prepared by the Advisory Committee on Minority was accepted by the Constituent Assembly which mentioned population of Muslims above 1-1/2% after partition and thus it was made the basis for determining religious minority of Muslims under Constitution.

As the entire material on record relating to population immediately after enforcement of of Constitution in 1951 is available on record, it is necessary to look into the matter on this aspect with the details of the Census as contained in Annexure-1 to the Affidavit filed on 27.2.2007, i.e., Census Report of 1951 makes it clear that total population of India at that time was 35 crores 68 lacs out of which Hindus consisted about 30 crores 67 lacs, Sikhs were 68 lacs, Jains were 16 lacks, Budhists 2 lacs, Zoroastrian 1 lac Christians 82 lacs, Muslims 3 crores 54 lacs, Other Religion Returns (Tribal)-17 lacs and Other Religion Return (Non-Tribal) - 1 lac. The population of Hindu at that time was about 85%, Sikhs 1.74%, Jains .45%, Buddhist-.6%, Zoroastrian- 1%, Christians 2.3%, Muslims 9%, Other Religion Returns (Tribal)-.47 and Other Religion Return (Non-Tribal) - .3%. The total population of undivided India in 1941 was 31 crores 41 lacs out of which Muslim at that time constituted 3 crores 96 lacks, i.e., 12.5.% excluding Jammu & Kashmir. In 1951, the total population of India at that time was 35,68,79,394 out of which population of Uttar Pradesh was 6,32,15, 942.
Controversy relates to Uttar Pradesh in 1951 & 2001 total population of Hindus and Muslims in the State of Uttar Pradesh was as under:-
1951 2001
Total 63215742 Total 166197921
Religion Male Female Hindu-133979283
Sikhs 1,10,947 86,665 Muslim- 3,7440158
Jains 51,651 46,063
Buddhists 1,968 1,253
Zoroastrian 678 580
Muslims 9058982
Christians 64,799 59,083
Jews 33 1
Hindu 53760925
The Supplementary Affidavit of R.S. Meena, Assistant Director of Census Operation, Uttar Pradesh, dated 19th March, 2007 makes out demographic changes on the basis of 2001 Census. Out of total population of India of 1,028,610,328 at present Muslims population was 13,81,88,240, Sikhs are 1,92,15,730, Christians are 2,40,80,016, Buddhists are 79,55,207 and Jains are 42,25,053. List of such States where Hindus were reduced to minority after independence of India is as under:-
State Total Population Hindus
Jammu and Kashmir 1,014,3700 30,05,349
Arunachal Pradesh 1,097,968 3,79,936
Nagaland 19,90,036 1,53,162
Manipur 21,66,788 9,96,894
Mizoram 8,88,573 31,562
Meghalaya 23,18,822 3,07,822
Lakshadweep 60,650 2,281
Punjab 2,43,58,999 8997942

As matter relates to religious minority, argument of 50% of the total population presupposes two groups, i.e., above 50% and less than 50%. In a multi religious society how this 50% would be calculated and which religious group could be recognised as religious minority group in comparison to which religious group will be considered in succeeding part of the judgment.

Chaudhary N.A. Khan, learned counsel for the petitioners, has firstly relied upon the Judgment of the Apex Court in T.M.A. Pai Foundation case (supra) in support of his contention and urged that even if population of Muslim religious minority group reaches 49.9%, i.e., less than 50%, it shall continue as a religious minority group. This calculation may be made on the basis of all India basis or and State of Uttar Pradesh basis. He further urged that Hindus are in majority and the calculation should be made in comparison to Hindus as a religious entity

On the arguments of Chaudhary N.A. Khan, learned counsel for the petitioners, question further arises to be considered is whether Hinduism is a religion for the purposes of consideration of Religious minority.

The first case in which Hinduism was considered by the Constitution Bench of the Apex Court is the judgment reported in AIR 1966 SC 1119, Sastri Yagnapunushadji v. Muldas Bhudardas Vaishya, relevant part of which is being quoted below:-
"Who are Hindus and what are the broad features of Hindu religion, that must be the first part of our enquiry in dealing with the present controversy between the parties. The historical and etymological genesis of the word 'Hindu' has given rise to a controversy amongst indologists; but the view generally accepted by scholars appears to be that the word "Hindu" is derived from the river Sindhu otherwise known as Indus which flows from the Punjab. "That part of the great Aryan race", says Monier Williams, "which immigrated from Central Asia, through the mountain passes into India, settled first in the districts near the river Sindhu (now called the Indus). The persian pronounced this word Hindu and named heir Aryan brethren Hindus. This Greeks, who probably gained their first ideas of India from the Persians, dropped the hard aspirate, and called the Hindus 'Indoi' ("Hinduism" by Monier Will Hams. P.1)
The Encyclopedia of Religion and Ethics, Vol VI, has described 'Hinduism' as the title applied to that form of religion which prevails among the vast majority of the present population of the Indian Empire (p.686). As Dr. Radhakrishnan has observed, "The Hindu civilization is so called, since its original founders earliest followers occupied the territory drained by the Sindhu the (the Indus )river system corresponding to the North West Frontier Province and the Punjab. This is recorded in the Rig which give their name to this period Indian history. The people on the Indian side of the Sindhu were called Hindu by the Persian and the later western invadors." (The Hindu view of Life" by Dr. Radhakrishnan. P.12). That is the genesis of the word "Hindu".

When we think of the Hindu religion, we find it difficult, if not impossible to define Hindu religion or even adequately describe it. Unlike other religion in the world, the Hindu religion does not claim any one prophet; it does not worship any one God; it does not subscribe to any one dogma; it does not believe in any one philosophic concept; it does not follow any one set of religious rites or performances; in fact, it does not appear to satisfy the narrow traditional feature of any religion or creed. It may broadly be described as a way of life and nothing more.

............The term 'Hindu', according to Dr. Radhakrishnan, had originally a territorial and not a credal significance. It implied residence in a well-defined geographical area. Aboriginal tribes, savage and half-civilized people, the cultured Dravidians and the Vedic Aryans were all Hindus as they were the sons of the same mother. The Hindu thinkers reckoned with the striking fact that the men and women dwelling in India belonged to different communities, worshipped different gods, and practised different rites (Kurma Purana) (Ibid p.12)
Monier Williams has observed that "it must be borne in mind that Hinduism is far more than a mere form of theism vesting on Brahmanism. It presents for our investigation a complex congeries of creeds and doctrines which in its gradual accumulation may be compared to the gathering together of the mighty volume of the Ganges, swollen by a continual influx of tributary rivers and rivulets, spearding itself over an every-increasing area of country and finally resolving itself into an intricate Delta of tortuous steams and jungly marshes...The Hindu religion is reflection of the composite character of the Hindus, who are not people but many. It is based on the idea of universal receptivity. It has ever aimed to accommodating itself circumstances, and has carried on the process of adaptation through more than three thousand years. It has first borne with and then, so to speak, swallowed, digested, and assimilated something from all creed". (Religious Thought & Life in India" by Monier Williams, P. 57).

We have already indicated that the usual tests which can be aplied in relation to any recognised religion or religious creed in the wordld turn out to be inadequate in dealing with the problem of Hindu religion. Normally, any recognised religion or religious creed subscribes to body of set philosophic concepts and theological beliefs. Does this test aply to the Hindu religion? In answering this question, we would base ourselves mainly on the exposition of the problem by Dr. Radhakrishnan in his work on Indian Philosophy . ("Indian Philosophy" by Dr. Radhakrishnan. Vol. I, pp.22-23). Unlike other countries, India can claim that philosphy in ancient India was not an auxiliary to any other science or art, but always held a prominent position of independence..... "In all the fleeting centuries of history", says Dr. Radhakrishnan, "in all the vicissitudes through which India has passed, a certain marked identity is visible. It has held fast to certain psychological traits which constitute its special heritage and they will be the characteristic marks of the Indian people so Loungsri as they are privileged to have a separate existence". The history of Indian thought emphatically brings out the fact that the development of Hindu religion has alrways been inspired by an endless quest of the mind for truth based on the consciousness that truth has many facts. Truth is one, but wise men describe it differently.(...) The Indian mind has, consistently through the ages, been exercised over the problem of the nature of godhead the problem that faces the spirit at the end of life, and the interrelation between the individual and the universal soul. "If we can abstract from the variety of opinion', says Dr. Radhakrishnan, "and observe the general spirit of Indian though, we shall find that it has a disposition to interpret life and nature in the way of monistic idealism, though this tendency is so plastic, living and manifold that it takes many forms and expresses itself in even mutally hostile teachings."(..)
.....Naturally enough, it was realised by Hindu religion from the very beginning of its career that truth was many-sided and different views contained different aspects of truth which no one could fully express. This knowledge inevitably bred a spirit of tolerance and willingness to understand and appreciate the opponent's point of view. That is how "the several views set forth in India in regard to the vital philosophic concepts are considered to be the branches of the self-same tree. The short cuts and blind alleys are somehow reconciled with the main road of advance to the truth." (..) When we consider this broad sweep of the Hindu philosophic concepts, it would be realised that under Hindu philosophy, there is no cope for ex-communicating any notion or principle as heretical and rejecting it as such.
xxx xxx xxx

The development of Hindu religion and philosphy shows that from time to time saints and religious reformers attempted to remove from the Hindu thought and practices elements of corruption and superstition and that led to the formation of different sects. Buddha started Budhism; Mahavir founded Jainsim; Basava became the founder of Lingayat religion; Dnyaneshwar and Tukaram initiated the Varakari cult; Guru Nanak inspired Sikhism, Dayananda founded Arya Samaj, and Chaitanya began Bhakti cult; and as a result of the teachings of Ramrksohin and Vivekananda, Hindu religion flowered into its most attractive, progressive and dynamic form. If we study the teachings of these saints and religious reformers, we would notice an amount of divergence in their respective views; but underneath that divergence, there is a kind of subtle indescribable unity which keeps them within the sweep of the broad and progressive Hindu religion.
xxx xxx xxx

......It is somewhat remarkable that this broad sweep of Hindu religion has been eloquently described by Toynbee. Says Tonbee; "When we pass from the plane of social practice to the plane of intellectual outlook, Hinduism too comes out well by comparison with the religions and ideologies of the South-West Asian group. In contrast to these Hinduism has the same outlook as the pre-Christian and pre-Muslim religions and philosophies of the Western half of the old world. Like them, Hinduism takes it for granted that there is more than one valid approach to truth and to salvation and that these different approaches are not only compatible with each other..but are not only compatible with Day Experiment in Western Civilisation" by Toynbee, pp. 48-49).

The Constitution-makers were fully conscious of this broad and comprehensive character of Hindu religion; and so, while guaranteeing the fundamental right to freedom of religion, Explanation II to Article 25 has made it clear that in sub-clause (b) of clause (2) the reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jains or Budhist religion, and the reference to Hindu religious institutions shall be construed accordingly."

In order to consider what is the Hinduism, the judgment of the Apex Court reported in AIR 1996 SC 1113, Dr. Ramesh Yeshwant Prabhoo v. Prabhakar Kashinath Kunte and others is very relevant. Paragraphs 38, 39 and 40 of the judgment are being quoted below:-

"38. These Constitution Bench decisions, after a detailed discussion, indicate that no precise meaning can be ascribed to the terms 'Hindu', 'Hindutva' and 'Hinduism'; and no meaning in the abstract can confine it to the narrow limits of religion alone, excluding the content of Indian culture and heritage. It is also indicated that the term 'Hindutva' is related more to the way of life of the people in the sub-continent. It is difficult to appreciate how in the face of these decisions the term 'Hindutva' or 'Hinduism' per se, in the abstract, can be assumed to mean and be equated with narrow fundamentalist Hindu religious bigotry, or to be construed to fall within the prohibition in sub-section 3 and/or (3A)of S. 123 of the R.P. Act.
39. Bharucha, J. in Dr. M. Ismali Faruqui v. Union of India, (1994) 6 SCC 360: (1994 AIR SCW 4897), (Ayodya case), in the separate opinion for himself and Ahmadi, J. (as he then was), observed as under:
".......Hinduism is a tolerant faith. It is that tolerance that has enabled Islam, Christianity, Zoroastriansim, Judaism, Buddhism, Jainism, and Sikhism to find shelter and support upon this land...."
(at page 442) (of SCC): (at p. 4971, para 159 of AIR)
40. Ordinarily, the Hindutva is understood as a way of life or a state of mind and it is not to be equated with, or understood as religious Hindu fundamentalism. In "Indian Muslims - The Need For A Positive Outlook" by Maulana Wahiduddin Khan, (1994), it is said:
"The strategy worked out to solve the minorities problem was, although differently worded, that of Hindutva or Indianisation. This strategy, briefly stated, aims at developing a uniform culture by obliterating the differences between all the cultures co-existing in the country. This was felt to be the way of coomunal harmony and national unity. It was though that this would put an end once and for all to the minorities problem".
(at page 19)

The above opinion indicate that the word 'Hindutva' is used and understood as a synonym of 'Indianisation',e.e. Development of uniform culture by obliterating the differences between all the cultures co-existing in the country."

A judgment reported in 1993 ALL.L.J., 1379, Smt. Indumatee Koorichh v. The Family Court, Lucknow and another of the learned Single Judge of this Court has also 'Hindu' religion. Relevant party of Paragraph 27 of the judgment is being reproduced below:-
"27......expression 'Hindu' under the acts has been taken to mean and include in itself every person man or woman or child who is not a Muslim, Christian, Parsi or Jew and also such person, who being Muslim, Christian, Parsis or Jew when, he gets himself converted into the Hindu way of life either as a Vaishnavait, Shivait, Buddhist, Sikh or the like cults of Hindu faith and religion. Those religions, as have got their origination in foreign land or lands other than mother India, the great Hindustan, and, as such, their followers are not included in phrase Hindu. Thus considered in wider horizon or sense of connotation a person born in India or Hindustan or whose parents have taken birth in India or Hindustan the land surrounded by Himalayan range on the north and Sindhu the Sea known as Indu sarovar in the south and having faith and allegiance with this land and its culture may be called a Hindu irrespective of difference of approach towards one truth and one goal."

This definition of Hindu has further been defined by a Constitution Bench judgment of the Apex Court reported in AIR 1971, 1737, D.A. V. College, Jullundur etc. v. The State of Punjab and others. Paragraphs 12, 13 and 16 of the said judgment are being reproduced below:-
"12. For the purposes of Art. 29(1) even though it may not be necessary to enquire whether all the Hindus of Punjab as also the Arya Smajis speak Hindi as a spoken language, nonetheless there can be no doubt that the script of the Arya Samajis is ditinct from that of Sikhs who form the majoirty. It is claimed that while the Sikhs have Gurumukhi as their script the Arya Samajis have their own script which is the Devnagri script. Their Claim to be a religious minority with distinct script of their own seems to us to be justified as would appear from the following:
13. The Arya Samaj is a reofrmist movement, believes in one God and in the Vedas as the books of true knowledge. It holds that it is the duty of every Arya Samaji to read the Vedas and have them read, to teach or preach them to others. It has a distinct organisation, the membership of which is open to all those who subscribe to its aims and objects. The Arya Samajis worship before the vedic fire and it begins with the burning of incence (the homa 'sacrifice') accompanied by the chanting of Vedic verses.
xxx xxx xxx

16. The passage read above show beyond doubt that the Arya Samaj by "rejecting the manifold absurdities found in Smriti and in tradition and in seeking a basis in the early literature for a purer and more rational faith" can be considered to be a religious minority, at any rate as part of the Hindu religious minority in the State of Punjab.

In this regard, constitution of Hindu Society and what is Hindu religion has been considered by the Apex Court in Bal Patil v. Union of India case (supra). Paragraphs 26, 27, 28 and 30 of the Judgment are being reproduced below:-
"26.The so-called minority communities like Sikhs and Jians were not treated as national minorities at the time of framing the Constitution. Sikhs and Jains, in fact, have throughout been treated as part of the wider Hindu community which has different sects, sub-sects, faiths, modes of worship and religious philosophies. In various codified customary laws like Hindu Marriage Act, Hindu Succession Act, Hindu Adoptions and Maintenance Act and other laws of pre and post Constitution period, definition of 'Hindu' included all sects, sub-sects of Hindu religions including Sikhs and Jains.
27. The word 'Hindu' conveys the image of diverse groups of communities living in India. If you search for a person by name Hindu, he is unidentifiable. He can be identified only on the basis of his caste as upper caste Brahmin, Kshatriya or Vaish or of lower caste described in ancient India as Shudras. Those who fall in the Hindu class of 'Shudras' are now included in the Constitution in the category of Scehduled castes with special privileges and treatment for their upliftment. This was found necessary to bring them at par with upper castes in Hindu society. The aboriginals, who have no caste were considered as distinct from four castes or Varnas of Hindu society. They have been treated favourably in the Constitution as Scheduled Tribes. For them also there are provisions for special treatment and grant of special privileges to bring them on level with the other castes from the main advanced streams of Indian society.
28. There is a very serious debate and difference of opinion between religious philosophers and historians as to whether Jains are of Hindu stock and whether their religion is more ancient than the vedic religion of Hindus. Spiritual philosophy of Hindus and Jains in many respect is different but the quintessence of the spiritual thought of both the religions seems to be the same. The influence of Hindu vedic religion is quite apparent in the custom, style of living belief and faith of Jains. Jains do not worship images or idols of Gods but worship their Tirathankars meaning their ideal personalities who have attained human perfection and excellence by a process of self-improvement. The literal meaning of the word 'Jain' is one who has attained 'victory'. It signifies a person who has attained victory over himself by the process of self-purification. 'Jain' is a religious devout who is continuously striving to gain control over his desires, senses and organs to ultimately become master of his ownself.
30. Thus, 'Hinduism' can be called a general religion and common faith of India whereas 'Jainsim' is a sepcial religion formed on the basis of quintessence of Hindu religion. Jainism places greater emphasis on non-violence ('Ahinsa') and compassion ('Karuna'). Their only difference from Hindus is that Jains do not believe in any creator like God but worship only the perfect human-being whom they called 'Tirathankar'. Lord Mahavir was one in the generation of Tirathankars. The Tirathankars are embodiments to perfect human-beings who have achieved human excellence at mental and physical levels. In philosophical sense, Jainism is a reformist movement amongst Hindus like Brahamsamajis. Arasamajis and Lingayats. The three main principles of Jainsim are Ahinsa, Anekantvad and Aparigrah. (See:-1) Encyclopedia of Religion and Ethcis, Vol. 7 pg.465;2) History of Jains by A.K.Roy, pgs. 5 to 23: and Vinoba Sahitya, Vol.7 pg. 27 to 284)."

It is settled now that Hinduism is not a religion but is a way of life and combination of different religions and represents a culture and is a combination of various religions founded and developed by the different saints, philosophers propounded by different philosophy relating to worship, thoughts, ways of worship of the Almighty/God. The details have already been discussed above. In fact Hindusim represents all thoughts, beliefs and way of worship borne in India.

Considering the various judgments of the Apex Court and High Court, Hinduism represents Indian culture and not a religion, which includes Sikhism, Jainism, Buddhism, Arya Samaj, Kabir Panth, Radha Swamy, Dhan Nirankar and Lingayats etc., the philosophy and thoughts and belief in which Lord, Ram, Lord Krishna, Shaivismwere considered God and a number of other Religions founded by a number of Saints, Acharyas or Panths and several other Philosophers. Each and every tribal, castes, sub-castes have their own God or Goddess, different way of life, different beliefs and thoughts and most of them have different way of worship, all Tribals have different religion with different God and Goddess.

Bhaktimarg, Philosophy of Rama Krishna Panth and Vivekanand Karmayog, Shaivists, thoughts of Gita and several Religions founded by Philosphers and Thinkers such as OSO by Acharya Rajnish, ISCON, who believes in Lord Krishna only. The propounders in the Gyan Yog founded by Saints, philosophers and religious thoughts, Kabirpanthis, and thousands of such thoughts, way of worship and Beliefs.

Basic concept of Hinduism is that way of reaching to the eternal truth and to the Almighty is manifold and has given freedom to all the members of the society to reach to the Almighty through their own way as thoughts, belief the way of worship may be different. Such freedom in the field of religion on Indian soil is derived from thousands of philosophies, Thoughts and different ways of worship, traditions and belief from time to time throughout the history of India. Combination of such religion, thought, belief or way to reach to the eternal truth is Hinduism. Hinduism cannot be equated as religion but it represents a civilization & culture and way of life born and brought up on Indian soil and as such the arguments of Sri N.A. Khan that Muslims minority may be considered 50% to the largest religious community, i.e., Hindu is totally unsustainable in law. Every religion, thought, belief way of worship born and broughtup on Indian soil is altogether different/distinct from each other within the fold of Indian culture which assimilate in Hindu culture. In view of the discussions made above that more than several hundred religions within the fold of Hindu culture constitute a separate and distinct religion and each religion group is a religious minority in India. Thus, all religious groups within the Hindu culture are religious minority in comparison to single muslim religious majority of having population of 18.50% in State of U.P. and 13.80% in all India basis.

It is surprising that Union of India by Notification dated 23.10.1993 recognized Sikhism, Jainism and Buddhism as minorities and did not consider any other religion like Bahabi, Sufism, Aryasamaj, Kabirpanthi, Aghorpath and other religions born and broughtup in India as minorities, though the Apex Court in the case of Arya Samaj has considered as Arya Samajis as a religious minority group in the State of Punjab. The State of U.P. and Union of India by issuing the notification under the National Minority Act, 1992, have not applied mind as to any other Religious group at all. In fact, Buddhism and Jainism are also part of the Indian culture. They were born and developed as a reformative religion in Indian society. The Apex Court in Bal Patil and another V. Union of India and others (supra) referred above considered question of minority and laid down law.

As stated (supra) that neither Union of India nor State of Uttar Pradesh or Minority Commission of India or State Minority Commission brought any material to show that what are the norms for declaring any community as religious minority community, this Court on consideration of proceedings of Constituent Assembly and judgments of the Apex Court considered the question of religious minority and its various aspects, particularly, when Sri S.M.A. Qazmi, learned Advocate General, State of Uttar Pradesh did not give any assistance to the Court, though being Advocate General of the State of U.P. he was expected to render assistance to the Court, but he only chose to depute Sri B.N. Yadav and Sri Jai Krishna Tiwari, learned Standing Counsel, for assistance of the Court, though hearing of the case continued for about three months.

Thus the Constituent Assembly while framing Articles 29 and 30 of the Constitution of India was to provide equality of minority and majority and not to give any privilege based on inequality.
Constituent Assembly provided protection to Religious Minority Communities to ensure equality with rest of the society which was felt necessary by the framers of Constitution of India taking into consideration the circumstances prevailing at that time.
In Ahmedabad St. Xaviers' College Society Vs. State of Gujarat, (1974) 1 SCC 717, in paragraph 9', the Apex Court has held that:
"9. Every section of the public, the majority as well as minority has rights in respect of religion as contemplated in Articles 25 and 26 and rights in respect of language, script, culture as contemplated in Article 29. The whole object of conferring the right on minorities under Article 30 is to ensure that there will be equality between the majority and the minority. If the minorities do not have such special protection they will be denied equality."

Thus, the Constituent Assembly introduced Articles 29 and 30 of the Constitution of India to provide such rights to minority to maintain equal right to them with majority and not to create any privilege or inequality.
In (2005) 6 SCC 537, P.A. Inamdar and others Vs. State of Maharashtra and others, (Seven Judges Bench), the Supreme Court of India in Paragraph 95, has defined and considered the question of minority and held linguistic and religious minority being a non-dominant group or numerically less. Paragraph 95 of P.A. Inamdar case (Supra) is quoted as follows:

"Minority" and "minority educations institutions"

"95. The term "minority" is not defined in the Constitution. Chief Justice Kirpal, speaking for the majority in T.M.A.Pai Foundation Vs. State of Karnataka, (2002) 8 SCC 481 took a clue from the provisions of the States Reorganisation Act and held that in view of India having been divided into different linguistic States, carved out on the basis of the language of the majority of persons of that region, it is the State, and not the whole of India, that shall have to be taken as the unit for determining a linguistic minority vis-a-vis Article 30. Inasmuch as Article 30(1) places on par religions and languages, he held that the minority status, whether by reference to language or by reference to religion, shall have to be determined by treating the State as a unit. The principle would remain the same whether it is a Central legislation or a State legislation dealing with a linguistic or religious minority, Khare, J. (as His Lordship then was), Quadri, J. and Variava and Bhan, JJ. In their separate concurring opinions agreed with Kirpal, C.J. According to Khare, J., take the population of any State as a unit, find out its demography and calculate if the persons speaking a particular language or following a particular religion are less than 50% of the population, then give them the status of linguistic or religious minority. The population of the entire country is irrelevant for the purpose of determining such status. Quadri, J. opined that the word "minority" literally means "a non-dominant" group. Ruma Pal, J. defined the word "minority" to mean "numerically less". However, she refused to take the State as a unit for the purpose of determining minority status as, in her opinion, the question of minority status must be determined with reference to the country as a whole. She assigned reasons for the purpose. Needless to say, her opinion is a lone voice. Thus, with the dictum of Pai Foundation, it cannot be doubted that a minority, whether linguistic or religious, is determinable only by a reference to the demography of a State and not by taking into consideration the population of the country as a whole."

This Court after considering all the materials in its entirety is of the view that so far as the linguistic minority is concerned, 50% of the total population may be considered for recognising any group as religious minority as after re-organisation of the States on linguistic basis, the States may be considered for determining the linguistic minority, but so far as religious minority is concerned, India is a secular State and the States were not formed on the basis of religion, therefore, the question further arises to be considered how population of 50% of the religious minority or minority may be considered.
In view of the discussions made above, as this Court has already described two kinds of religions (i) born on foreign land and brought in India by foreigners, i.e., Islam, Christianity, Zoroastrian, Parsees, Yahudis and (ii) born and broughtup in India, i.e., Buddhism, Jainsim, Arya Samaj, Radha Swamy and several hundred other religious groups having different God and Goddess with different thoughts, beliefs and way of life and different way of worship discussed in the preceding Paragraphs of judgment (supra) and any of such religions do not individually constitute a religious majority group, but in fact reduced to minority. Only Muslim Religious Community with 18.50% population in 2001 in State of Uttar Pradesh constitutes single religious majority community. In 2001, Muslim Religious Community having population of 3,07,40,198 is only single largest religious group in the State of Uttar Pradesh which constitute majority religious group. There is no other single religious community in Uttar Pradesh having such population, strength and dominance. As has been discussed above that Hindu culture and civilisation consists of several hundred religions and the Hindu Society is divided in caste, creed and several ethnic groups and as such each and every religious group forming Hinduism constitutes a minority religious group in comparison to Muslims. It appears that the relevant part of report of Advisory Committee on Minority (of Constituent Assembly) fixing percentage of the population of religious minority groups on the basis of population & strength was not brought to the notice of Apex Court, which fixed above 1-1/2% necessarily not more than 2%. Even if considering the religious population, the Indian society within the fold of Hindu culture consists of several hundreds of religious groups, castes, sub-castes and several ethnic groups having different beliefs, different thoughts, different way of worship and different way of life are individually less than 50% and, thus, these religious groups also constitute minority in comparison to Muslim Religious community. Some religious communities believe Sri Ram as God, Lord Sri Krishna as God, Shiva as God, Durga and Kali as Goddess, Pustimarg, Adwaitwad philosophy of Shankaracharya, Sufism, Bahabi, Arya Samaj, Brahma Samaj, Rama Krishna Paramhans, Radha Swami and several other religions discussed above (supra) following different thoughts, beliefs and way of worship and considering their population and strength they also constitute religious minority and are entitled to be recognised as religious minority groups and protection under Articles 29 and 30 of the Constitution of India.
All religions other than Muslims mentioned above (supra) in vogue in State of Uttar Pradesh constitute religious minority group and as such the argument of learned counsel for the petitioners that all other religious groups should be taken into account together and religious minority could be considered in the context of entire Hindu Culture and Civilisation while considering the Muslim religious minority is not acceptable, as has been held by the Apex Court in Bal Patil's case (supra) that Hindu Society is divided in different castes, sub-castes and different ethnic groups.
This Court is of the firm view that Muslim Religious Community now are not entitled to get any protection under Article 29 and 30 of the Constitution of India as a religious minority community in Uttar Pradesh. The recent judgment reported in (2007) 2, SCC 1, I.R. Colho (dead) by Lrs Vs. State of T.N of Nine Hon'ble Judges Bench of the Apex Court has laid down that power exercised by the Constituent Assembly was a constituent power given by the people of India. This Court after taking into consideration proceedings of Constitutional Assembly as well as the report of Advisory Committee on Minority is further of the firm view that the notification dated 23.10.1993 under the National Commission of Minority Act, 1992 issued by the Union of India declaring Muslim as minority is liable to be amended as Muslim Religious community is the only single largest Religious majority group in comparison to other religious groups and is not entitle to get any protection under Articles 29 and 30 of the Constitution of India.
A Constitution Bench judgment of the Apex Court in Islamic Academy of Education and another v. State of Karnataka following T.M.A. Pai Foundation case (supra) has discussed the law relating to minority in Paragraphs 107 and 118 of the judgment, same are being reproduced below:-

"107. The question, thus, has to be considered keeping in view the fact that every Indian may be a minority, either based on religion or language, in one part of the country of the other. The right of a citizen as a minority in one part of the country cannot be higher than his right as a member of majority in another part of the country.

118.......If a measure tends to perpetuate inequality and makes the goal of equality a mirage, such measure should not receive the approval of the Court. The Court, in such circumstances, has to mould the relief by indicating what would be the reasonable measure or action which furthers the object of achieving equality. The concept of equality is not a doctrinaire approach. It is a binding thread which runs through the entire constitutional text. An affirmative action may, therefore, be constitutionally valid by reason of Articles 15(4) and 16(4) and various directive principles of State policy, but the Court cannot ignore the constitutional morality which embraces in itself the doctrine of equality. It would be constitutionally immoral to perpetuate inequality among majority people of the country in the guise of protecting the constitutional rights of minorities and constitutional rights of the backward and downtrodden. All the rights of these groups are part of the right to social development which cannot render national interest and public interest subservient to right of an individual or right of a community."

Further, Paragraphs 42, 48 and 54 of a judgment of the Apex Court in I.R. Ceolho (Dead) by Lrs. v. State of Tamil Nadu, (2007) 2 SCC, p.1, also supports my view that in order to get basic foundation of a doctrine, the Court may go to the root and get the intention of Constitution makers from the debates of the Constituent Assembly as Constituent Assembly was given constituent power by the people of India. This Court has already discussed judgments on minority as well as debates of Constituent Assembly.

Paragraphs 42, 48 and 54 of a judgment of the Apex Court in I.R. Ceolho (Dead) by Lrs. v. State of Tamil Nadu (supra) are being reproduced below:-

"42. The Constitution is a living document. The constitutional provisions have to be construed having regard to the march of time and the development of law.
48. There is a difference between parliamentary and constitutional sovereignty. Our Constitution is framed by a Constituent Assembly which was not Parliament. It is in the exercise of law-making power by the Constituent Assembly that we have a controlled Constitution. Articles 14, 19, 21 represent the foundational values which form the basis of the rule of law.

54. The distinction is drawn by the author between the making of a Constitution by a Constituent Assembly which was not subject to restraints by any external authority as a plenary law-making power and a power to amend the Constitution, a derivative power derived from the Constitution and subject to the limitations imposed by the Constitution. No provision of the Constitution framed in exercise of plenary law-making power can be ultra vires because there is no touchstone outside the Constitution by which the validity of provision of the Constitution can be adjudged...."

In T.M.A. Pai Foundation case (supra), it has been settled by the Apex Court that that Articles 14, 19 and 21 of the Constitution of India stands for equality and rule of law and are part of basic structure of the Constitution and cannot be abrogated. It was further held that Article 21 is the heart of the Constitution of India. Articles 15, 21 read with Articles 14 and 19 of the Constitution of India if allowed to be abrogated would completely change basic structure of the Constitution of India.

Thus, on the discussion made above, the Court's conclusions are as follows:

1. Protection under Articles 29 and 30 of the Constitution of India was not a privilege, but was a protection to the Religious minority communities to attain equality with other religious groups of India.
2. Protection under Articles 29 and 30 of the Constitution of India was given to such minorities categorised in three categories by the Constituent Assembly on the basis of population & strength which were non-dominant groups in India at the time of partition of India, i.e., (i) having 1/2 per cent population and strength, (ii) having population and strength less than 1-1/2% and (iii) having population and strength above 1-1/2%. That will be the basis of to determine minority.
3. The Muslims religious communities in India in 2001 constituted 13.80 percent of the total population of India and 18.50 percent of total population in the State of Uttar Pradesh and is now a dominant group dominating all other religious groups in Uttar Pradesh in all walk of life including the constitutional democratic process.
4. The Muslims religious community has throughout been a well-organized and strongly knitted community and not a weak religious community. It was never regarded as weaker section or underprivileged section of the society. Considering the religious population in India as well as in the State of Uttar Pradesh, Muslims are only majority religious community in comparison with other religious communities in India and other religious communities are in minority in comparison to the Muslims.
5. 'Hinduism' did not represent a religion and represents culture or civilization of India. The combination of such religious groups including Sikh, Jain, Buddhist, Sufis, each and every tribal having separate God and Goddess and Hindu Society divided on caste, creed and other religions mentioned in the preceding paragraphs of the judgment (supra) which cannot be considered one religious group according to the definition of the religion decided by the Apex Court and as such the Muslims religious community constitute only single largest religious majority in Uttar Pradesh. The Constitution never intended to create a religious group based on theocracy in the name of religion but its intention was to give protection to the religions, population of which were about one and half percent or slightly above at the time of partition and to equate them with other members of the society.
In view of the discussions made above, the Court holds that as follows:-
(a) Muslims have now ceased to be religious minorities in India and in any case in State of Uttar Pradesh on the basis of their population & strength.
(b) Muslims also constitute an important part of the citizenry of India and has a important role to play in developing India as a strong nation. It is necessary that all citizens must be assimilated as citizenry of India who are also liable to perform their duties towards the nation and society at large as contemplated under Article 51-A of the Constitution of India.
(c) As the Muslim Community are part and parcel of the society and part of Indian citizenry, the Madarsas established by them are entitled to have equal treatment in comparison to other Schools/institutions established by other citizens of India.
To develop good temperament, humanism and sense of equality to preserve rich heritage and India's composite culture and to develop patriotism in the citizenry of India, it is a necessity that all Schools/Institutions including Madarsas are liable to teach fundamental duties and Moral Education (not religious) to their students who are future citizens of the country to make India a strong and developed in the World. Union of India and State of Uttar Pradesh are directed to take necessary steps accordingly to make education of fundamental duties and Moral Education as compulsory subjects in all the Schols and Institutions established by all religious communities including Madarsas so that the citizenry of India and younger generation may be developed according to the dream of the Constituent Assembly which gave us Constitution of India. This Court is further of the view that in order to develop India as a strong, developed and powerful nation, the fundamental duties under Article 51-A of the Constitution of India may be made enforceable. The U.P. Board of High School and Intermediate Education has made fundamental duties one of the compulsory teaching subjects from the Session 2007-2008.
Constitution of India which is a living document adopted by the people of India for social, economic, political justice and for secularism and for democracy. Each and every citizen of India has liberty of thought, belief, faith, worship and equality of status and as such the petitioners or the opposite parties no. 4 to 6 or any member of the Indian society have got a right to perform the religious rites but are not entitled to get any privilege under Articles 29 and 30 of the Constitution of India. Every citizen of India is also liable to perform certain duties as enshrined under Article 51-A of the Constitution of India, the same is being quoted below:-
"51-A. Fundamental duties.- It shall be the duty of every citizen of India-
(a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;
(b) to cherish and follow the noble ideals which inspired our national struggle for freedom;
(c) to uphold and protect the sovereignty, unity and integrity of India;
(d) to defend the country and render national service when called upon to do so;
(e) to promote harmony and the spirit of common brotherhood amongst al the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
(f) to value and preserve the rich heritage of our composite culture;
(g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;
(h) to develop the scientific temper, humanism and the spirit of inquiry and reform;
(i) to safeguard public property and to abjure violence;
(j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement;
(k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years."

In the writ petition, allegations and counter allegations have been made about the entitlement of the petitioners for getting grant-in-aid for their Madarsa. The counter allegations in the counter affidavits are that the petitioners have already embezzled huge amount of the scholarship in the garb of Muslim minority Institution and the matter is pending before the courts. The allegations of petitioners as to the opposite parties no. 4 to 6 in the various affidavits are that it is not for the benefit of entire Muslim society but it is for the benefit of particular families who founded this Institution for the benefit of their own families where all the posts were held and occupied by the petitioners' family members. In view of the allegation and counter allegations made in the writ petition, it is urged by the parties that this is the normal situation in some of the Madarsas.

Paragraphs 9 and 10 of the Supplementary Affidavit dated 1.2.2007 filed by Zulfikar Ahmad, Manager, Anjuman Madarsa Noorul Islam Dehra Kalan, Ghazipur, are also very relevant in the matter of granting recognition to Madarsas founded by Muslim religious community by the State of Uttar Pradesh, same are being reproduced below:-

"9. That to the utter surprise the respondent in collusion particularly the Secretary Sri Chandra Prakash by taking illegal gratification of Rs.5 lacs has taken certain more institutions on grant including Madarsa Khanam Zan of Varanasi and Madarsa Ahle Sunnat Ateequia Gonda.
10.That same demand is being done in respect of Petitioners institution as well and demand of Rs. 8 lacs is being done in respect of other newly prepared 100 institutions vide G.O. Dated...whereas the consideration of Madrsa recognised in year 1996 is being harass that its case was refused on basis of delay vide order .......The copies of order cancelling the Madrsa taken on grant amongst 67 and allotment of fresh Madarsa at its place vide order dated 13.12.06 are also being annexed as.....to this affidavit along with copy of order of this High Court...."

It has been stated in Paragraphs 9 and 10 of the supplementary affidavit of Zulfikar Ahmad that the recognition was granted to Madarsa after receiving illegal gratification of 5 lakhs for the grant-in-aid and a demand of 8 lakhs was made from petitioners also. The State has prepared a list of 100 more institutions and Madarsa to recognise for grant-in-aid. In view of the serious nature of allegations made in the Supplementary Affidavit of Zulfikar Ahmad, this Court considers it appropriate that an enquiry may be institute in the matter of recogntion of Madrasas for Grant-in-Aid. This Court directs the Chief Secretary of Uttar Pradesh to institute an enquiry by an Officer not below rank of Principal Secretary of Government of U.P. in the matter in which grant-in-aid was given to Madarasas from the year 2003 up to now. The State fund is created by contribution from all citizens belonging to all the religions of the country. Since India is a secular country, State fund should be utilised for secular purposes. Such funds could be given to all the Institutions including Madarsas.

In the end this Court is of the opinion that Muslims have accepted India as their own Mother Land as citizens at the time of partition and contributed a lot in almost in all the fields in development of India and also a dominant force in politics and other fields, not on the basis of any religious group, but as citizens of India. They are also bound to perform all such duties towards the country under Article 51-A of the Constitution of India like other citizens of India for their more effective role in making India a very strong and great nation forming part of citizenry of India.

In such a situation and in view of the law laid down by the Apex Court, proceedings of Constituent Assembly and others relevant materials discussed above, this Court is of the firm view that the Muslims whose population was 18.5% per cent in the year 2001 constitutes the only religious majority group in comparison to other religious group in State of U.P. and they have already ceased to be a religious minority group and they are entitled to get equal treatment as the other non-minority religious groups are being treated. This Court after considering each and every material and law has come to the conclusion that in view of the discussions made above now Muslims have ceased to be a religious minority and they are entitled to be treated like other citizens of India. All protections given under Articles 29 and 30 of the Constitution of India are not available to them.

For the reasons detailed above, this Court passed the operative part of the judgmenton 5.4.2007 which runs as follows:-
"Since I have been scheduled to sit at Lucknow Bench of this Court from 9th April, 2007, I consider it appropriate to pronounce operative part of the judgment of the writ petition. This operative part of the judgment shall be followed by the rest judgment.
For the reasons to be detailed in the body of the judgment of the writ petition, writ petition succeeds and is allowed. The impugned order dated 17.5.2004, passed by the State of Uttar Pradesh recognising Opp. Party nos. 4 to 6 on Grant-in-Aid as religious Muslim minority institutions is quashed and it is held that any institution founded by petitioners or Opp. Party nos. 4 to 6 are not entitled to be recognised for Grant-in-Aid as religious minority institutions in the State of Uttar Pradesh after applying twin criteria, i.e., population and strength of a religious community as laid down by the founding fathers of the Constitution of India as is clear from proceedings of Constituent Assembly to determine any religious community as a religious minority. The Court finds that Muslims have ceased to be a religious minority community in the State of Uttar Pradesh on consideration of the materials on record which includes various Census Reports including Census Reports of 1951 and 2001 and, therefore, directs State of Uttar Pradesh to treat any member of Muslim community equal to other non-minority religious communities without discriminating in any respect in accordance with law being an integral part of citizenry of India

(i) A writ in the nature of mandamus is issued commanding State of Uttar Pradesh to consider Applications of petitioners and Opp. Party nos. 4 to 6 or other Applications of other institutions founded by Muslim community for recognition on Grant-in-Aid in the similarly situated manner as other non-minority institutions are being dealt with in accordance with law without any discrimination.

(ii) A writ of mandamus is also issued to Union of India and the State of Uttar Pradesh to take appropriate steps to modify the notification dated 23.10.1993 issued by the Union of India accordingly.

(iii) A writ of mandamus is further issued commanding the Chief Secretary, Uttar Pradesh to initiate an enquiry into the serious allegations of corruption made by petitioners in Paragraphs 9 and 10 of the Supplementary Affidavit dated 1.2.2007 filed by Zulfikar Ahmad, Manager, Anjuman Madarsa Noorul Islam Dehra Kalan, Ghazipur, which runs as follows:-
"9. That to the utter surprise the respondent in collusion particularly the Secretary Sri Chandra Prakash by taking illegal gratification of Rs.5 lacs has taken certain more institutions on grant including Madarsa Khanam Zan of Varanasi and Madarsa Ahle Sunnat Ateequia Gonda.
10. That same demand is being done in respect of Petitioners institution as well and demand of Rs. 8 lacs is being done in respect of other newly prepared 100 institutions vide G.O. Dated...whereas the consideration of Madrsa recognised in year 1996 is being harass that its case was refused on basis of delay vide order .......The copies of order cancelling the Madrsa taken on grant amongst 67 and allotment of fresh Madarsa at its place vide order dated 13.12.06 are also being annexed as.....to this affidavit along with copy of order of this High Court...."
The enquiry shall be made for orders passed recognising the institutions for Grant-in-Aid from the year 2003 upto now. Such enquiry shall be conducted by an Officer not below the rank of Principal Secretary which shall be completed within three months' from the presentation of a certified copy of this order and further action shall be taken accordingly.
There shall be no order as to cost."
5.4.2007
bgs/-

Allahabad: Reservation on the basis of religion for Muslims in AMU - quashed

Allahabad: stay order of Muslim not minority judgment

HIGH COURT OF JUDICATURE OF ALLAHABAD
Court No.32

Special Appeal No. 322 of 2007
State of U.P. & others .....Appellants
Versus
Committee of Management,Anjuman
Madarsa Noorul Islam Dehra Kalan,
Ghazipur & others .....Respondents ******

Hon'ble S. Rafat Alam, J.
Hon'ble Krishna Murari, J.

This special appeal is taken up today for admission pursuant to the order of date passed on the urgency application.

This is an intra Court appeal, under the Rules of the Court, filed by the State of Uttar Pradesh arising from the judgment of the Hon'ble Single Judge dated 5.4.2007 in Civil Misc. Writ Petition No. 34892 of 2004 pronouncing only the operative portion of the order whereby the order of the State Government providing grant-in-aid to respondents no.4 to 6 to the writ petition as religious Muslims Minority Institution is quashed. It has further been held that any institution founded by the writ petitioners or respondents no. 4 to 6 to the writ petition are not entitled to be recognised for grant in aid as religious minority institution in the State of Uttar Pradesh after applying twin criteria, i.e., population and strength of religious community. It has further been held by the Hon'ble Single Judge in the judgment under appeal that the Muslims have ceased to be a religious minority community in the State of Uttar Pradesh on consideration of the material on record which includes various Census reports including Census Reports of 1951 and 2001 and therefore, directs States of Uttar Pradesh to treat any Member of Muslim community equal to other non-minority religious communities without discriminating in any respect in accordance with law. The Hon'ble Single Judge further issued the following directions:
(i) A writ in the nature of mandamus is issued commanding State of Uttar Pradesh to consider Applications of petitioners and Opp.Party nos. 4 to 6 or other Applications of other institutions founded by Muslim community for recognition on Grant-in-aid in the similarly situated manner as other non-minority institutions are being dealt with in accordance with law without any discrimination.
(ii) A writ of mandamus is also issued to Union of India and the State of Uttar Pradesh to take appropriate steps to modify the notification dated 23.10.1993 issued by the Union of India accordingly.
(iii) A Writ of mandamus is further issued commanding the Chief Secretary, Uttar Pradesh to initiate an enquiry into the serious allegations of corruption made by petitioners in Paragraphs 9 to 10 of the Supplementary Affidavit dated 1.2.2007 filed by Zulfikar Ahmad, Manager, Anjuman Madarsa Noorul Islam Dehra Kalan, Ghazipur.

Besides above, the authorities were further directed to hold enquiry in respect of the recognition of the institution for grant-in-aid from the year 2003 upto now by an Officer not below the rank of Principal Secretary and such enquiry is to be completed within three months from the date of presentation of a certified copy of the order.

In Civil Misc. Writ Petition No. 34892 of 2004 from which this special appeal arises, the petitioner, Committee of Management, Anjuman Madarsa Noorul Islam Dehra Kalan, Ghazipur has challenged its non inclusion in the grant-in-aid list issued by the State Government vide order dated 17.5.2004.

During the pendency of the above writ petition, Civil Misc. Writ Petition No. 42265 of 2006 was filed by Bahuri Alp Sankhyak Balika Inter College for issuance of a writ of mandamus commanding the State authorities to grant one time recognition to the institution and to permit its students to appear in the Intermediate Examination, 2007 conducted by the Board of High School and Intermediate Education, U.P. The said writ petition came up before the Hon'ble Single Judge on 11.12.2006 and following four issues were framed by the Hon'ble Single Judge:

"(i) What is the definition of minority ?
(ii) Who could be recognized as a member of minority religion and what would be the criteria for recognizing minority ?
(iii) Whether minority could be recognized at national level, provincial level or at regional level ? and
(iv) Whether a community having more than 5 % of the total population in the country could be recognized as minority?"

Thereafter vide order dated 18.12.2006 both the writ petition nos. 34892 of 2004 and 42265 of 2006 were clubbed together for hearing. Further the Hon'ble Single Judge directed impleadment of Union of India, National Commission for Minorities of India and Registrar General, Census Department as respondents and called for a response from them especially with regard to the following facts:

(i) What was the total number of population of India on the date the Constitution of India came into existence?
(ii) The total population of all the minority communities including the Buddhist, Muslim, Christan etc. on the date the Constitution of India came into force ?
(iii) What is the total population of minority communities in the latest census of 2001 ?
(iv) In case Census was conducted as regards other minority groups on caste basis the details of the same shall also be produced;
(v) The Government of India shall also produce before the Court the report of Justice Sachar Committee which, according to learned Standing Counsel, is also relevant in the matter and the case was directed to be put up on 22.1.2007 for further argument.

In the meantime, aggrieved by the orders dated 11.12.2006, 18.12.2006, 21.1.2007, 1.2.2007, 20.2.2007 passed in writ petition no. 42265 of 2006, State of U.P. filed special appeal no. 321 of 2007. This court vide order dated 21.3.2007 admitted the special appeal and further proceedings before the learned Single Judge was stayed on the ground that the learned Single Judge in passing the order impugned has gone beyond the pleadings and the issue involved and raised by either of the parties.

It has been brought to our notice by the learned Advocate General that when writ petition no. 34892 of 2004 was taken up by the learned Single Judge he was informed of the order dated 21.3.2007 passed in special appeal no. 321 of 2007 and thereafter, the Hon'ble Single Judge was pleased to grant time to file the copy of the same and fixed both the writ petitions for 26.3.2007. On the said date, the copy of the order dated 21.3.2007 passed in special appeal was filed before the Hon'ble Single Judge which was taken on record and writ petition no. 42265 of 2006 was consigned to record till further orders in the special appeal. However, the judgment was reserved in connected writ petition no. 34892 of 2004 and the operative portion was delivered on 5.4.2007 and the reason was to follow.

In the backdrop of the above facts, it has been urged by the learned Advocate General that the issue with regard to religious minority status of Muslims was neither pleaded nor raised in the writ petition and the Hon'ble Single Judge has erred in deciding an issue which was neither pleaded nor involved or raised by either of the parties. In support of the contention he has placed reliance on the judgment of the Hon'ble Apex Court in the case of U.P. Gram Panchyat Adhikari Sangh & others vs. Daya Ram Saroj and others, (2007) 2 SCC 138 wherein it has been observed by the Hon'ble Apex Court in paragraph 34 as under :

" 34. Another reason why the decision of the High Court is unsustainable is that the High Court held that the tubewell operators can legitimately except to remain as multi-purpose Gram Panchayat employees unless the whole concept is totally done away with. There is no pleading in the original petition, not even a whisper, about the legitimate expectation. It appears that the High Court, at the appellate stage made observations which induced some of the appellants at the last minute to urge the ground of legitimate expectation which was permitted and on the basis of it such finding has been recorded. Such an approach is not permissible. See National Buildings Construction Corpn. v. S. Raghunathan."

It has further been urged that the impugned order could not have been passed even treating the petition as Public Interest Litigation by the Hon'ble Single Judge and the exercise of jurisdiction is wholly without jurisdiction inasmuch as under the Rules of the Court and the roaster, work and jurisdiction of Public Interest Litigation was cognizable by a Division Bench presided over by Hon'ble The Chief Justice and was not allotted to the Hon'ble Single Judge. It has also been contended that aggrieved by the orders and directions of the Hon'ble Single Judge dated 18.12.2006, 22.1.2007, 1.2.2007, 20.2.2007, 28.2.2007, 14.3.2007, 16.3.2007 and 21.3.2007 in writ petition no. 34892 of 2004 another special appeal no. 388 of 2007 was filed which has been admitted vide order dated 3.4.2007 and was directed to be listed along with special appeal no. 321 of 2007 by another division bench. It has been vehemently contended that once the order dated 21.3.2007 passed in special appeal no. 321 of 2007 was brought to the notice of the Hon'ble Single Judge, judicial propriety demanded that he ought not to have decided the matter till final decision of the appeal especially when the issues sought to be decided were common in both the petitions and were already engaging the attention of a division bench in special appeal no. 321 of 2007 arising out of other connected petition no. 42265 of 2006. In support of this argument learned Advocate General has placed before us an order dated 5.4.2007 passed by the Full Bench of this court, constituted to consider the scope of the power of a Single Judge of the High Court acting on judicial side to issue direction that no affidavit will be sworn without photograph of the deponent, deferring the hearing on the ground that judicial propriety demanded the same on account of fact that the matter in issue was directly engaging the attention of the Hon'ble Supreme Court wherein the leave to appeal against the order passed by the single Judge was granted.

It has next been contended that the Hon'ble single Judge ought not to have decided an issue having such far reaching implications so lightly and hurriedly without proper opportunity to the State. In support of the contention, learned Advocate General has placed reliance on the following observations of the Hon'ble Apex Court in the case of State of U.P. & others v. S.N.Kapoor (dead) by L.Rs., 2004 (8) SCC 630 :

"We are not doubting the jurisdiction of the High Court to take cognizance of an issue wherein the element of public interest is involved and to take up and entertain the same as public interest litigation and pronounce upon such issues exercising the jurisdiction which the Constitution does vest in the High Court but that has to be done by following the established rules of practice and procedure consistently with the rules of natural justice. The High Court, if convinced, should have framed specific issues with which it proposed to deal with in public interest and then should have put the State on specific notice inviting its pleadings and documents. Any other party likely to be adversely affected and interested in being heard may have been allowed the opportunity of doing so. A larger issue involving public interest and far-reaching implications should not have been dealt with so lightly, casually and hurriedly as the High court has done. So far as the dispute raised by the private parties as writ petitioners in the High Court is concerned, the High Court could have postponed the decision in such individual writ petitions until the larger issue of public interest was decided; or else the High Court could have adjudicated upon the limited dispute as to the right of allotment over the two shops and then taken up the lager public interest issue for adjudication as a separate writ petition........"

On the other hand, learned counsel for the petitioners-respondents do not oppose the admission of the appeal. However, Sri N.A.Khan, learned counsel for the petitioners-respondents submitted that the direction so far the consideration of the claim of the petitioners regarding grant in aid may not be disturbed or stayed at this stage.

Apart from the above, with due respect to the Hon'ble Single Judge, we are prima facie of the view that His Lordship fell in error in pronouncing only the operative portion of the judgment. Our view is also supported by a Constitution Bench of the Hon'ble Apex Court in the case of State of Punjab and others Vs. Jagdev Singh Talwandi, AIR 1984 Supreme Court 444 wherein it has been observed that a final order which the High Court intends to pass should not be announced until a reasoned judgment is ready for pronouncement. In para-30 of the judgment their Lordships held as under:

"We would like to take this opportunity to point out that serious difficulties arise on account of the practice increasingly adopted by the High Courts of pronouncing the final order without a reasoned judgment. It is desirable that the final order which the High Court intends to pass should not be announced until a reasoned judgment is ready for pronouncement. Suppose, for example, that a final order without a reasoned judgment is announced by the High Court that a house shall be demolished, or that the custody of a child shall be handed over to one parent as against the other, or that a person accused of a serious charge is acquitted, or that a statute is unconstitutional or, as in the instant case, that a detenu be released from detention. If the object of passing such orders is to ensure speedy compliance with them, that object is more often defeated by the aggrieved party filing a special leave petition in this Court against the order passed by the High Court. That places this Court in a predicament because, without the benefit of the reasoning of the High Court, it is difficult for this Court to allow the bare order to be implemented. The result inevitably is that the operation of the order passed by the high Court has to be stayed pending delivery of the reasoned judgment."

Thus, in the absence of reasons, we are deprived from testing the reasons which led the Hon'ble Single Judge to record directions contained therein, having much ramifications and, therefore, while exercising power as appellate court, we are constraint to grant interim order.

For all these reasons, prima facie a case for admission and grant of interim order is made out.

Admit.

No notice is required to be issued since all the respondents are represented through their counsel.

Connect this special appeal with special appeal no. 321 of 2007 and list on the date fixed.

Until further orders, effect and operation of the impugned order dated 5.4. 2007 passed in Civil Misc. Writ Petition No. 34892 of 2004 shall remain stayed.

Dated:6.4.2007
SKM

Chapter 1 : Introduction

THE apparently sudden rise and the dramatic expansion of Mohammedanism constitutes a most fascinating chapter in the history of mankind. A dispassionate study of this chapter is of great importance in the present fateful period of the history of India. The scientific value of the study by itself is great, and the meritorious quest for knowledge is sure to be handsomely rewarded. But with us, to-day in India, particularly with the Hindu, a proper understanding of the historical role of Islam and the contribution it has made to human culture has acquired a supreme political importance.

This country has become the home of a very considerable number of the followers of the Arabian Prophet. One seldom realizes that many more Mohammedans live in India than in any single purely Islamic country. Still, after the lapse of many centuries, this numerous section of the Indian population is generally considered to be an extraneous element. This curious but extremely regrettable cleft in the loose national structure of India has its historical cause. The Mohammedans originally came to India as invaders. They conquered the country and became its rulers for several hundred years. That relation of the conqueror and the subjugated has left its mark on the history of our nation which to-day embraces the both. But the unpleasant memory of the past relation has been progressively eclipsed by the present companionship in slavery. The effect of British Imperialism is no less painful and ruinous for the bulk of the Muslim population than for the masses professing Hinduism. So completely have the Mohammedans become an integral part of the Indian nation that the annals of the Muslim rule are justly recorded as chapters of the history of India. Indeed, Nationalism has gone farther in effacing the painful memory of the past.

The practice of seeking consolation for the shame of the present in the real or legendary glory of the past has dressed the Muslim rulers of India in brilliant national colors.

Yet, a Hindu, who prides in the prosperity of the reign of an Akbar, or boasts of the architectural accomplishments of a Shahjehan, is even to-day separated most curiously by an unbridgeable gulf from his next door neighbor belonging to the race, or professing the faith, of those illustrious monarchs who are believed to have glorified the history of India. For the orthodox Hindus who constitute the great majority of the Indian population, the Mussulman, even of a noble birth or high education or admirable cultural attainments, is a 'mlechha'-impure barbarian-who does not deserve a social treatment any better than accorded to the lowest of the Hindus.

The cause of this singular situation is to be traced in the prejudice born, in the past, of the hatred a conquered and oppressed people naturally entertained for the foreign invader. The political relation out of which it sprang is a thing of the past. But the prejudice still persists not only as an effective obstacle to national cohesion, but also as a hindrance for a dispassionate view of history. Indeed, there is no other example of two communities living together in the same country for so many hundred years, and yet having 50 little appreciation of each other's culture. No civilized people in the world is so ignorant of Islamic history and contemptuous of the Mohammedan religion as the Hindus. Spiritual imperialism is the outstanding feature of our nationalist ideology. But this nasty spirit is the most pronounced in relation to Mohammedanism. The current notion of the teachings of the Arabian Prophet is extremely ill-informed. The average educated Hindu has little knowledge of, and no appreciation for, the immense revolutionary significance of Islam, and the great cultural consequences of that revolution. The prevailing n0tions could be laughed at as ridiculous, were they not so pregnant with harmful consequences. These notions should be combated for the sake of the national cohesion of the Indian people as well as in the interest of science and historical truth. A proper appreciation of the cultural significance of Islam is of supreme importance in this crucial period of the history of India.

The great historian Gibbon describes the rise and expansion of Islam as "one of the most memorable revolutions which has impressed a new and lasting character on the nations of the globe." One is simply amazed to contemplate the incredible rapidity with which the two mightiest empires of the ancient time were subverted by the comparatively small bands of nomads issuing from the Arabian Desert, fired with the zeal of a new faith. Hardly fifty years had passed since Mohammad assumed the role of the singular Prophet spreading his Message of Peace at the point of the sword, his followers victoriously planted the banner of Islam on the confines of India, on the one side, and on the shore of the Atlantic, on the other. The first Khalifs of Damascus reigned over an Empire which could not be crossed in less than five months on the fleetest camel. At the end of the first century of the Hegira, the "'Commanders of the Faithful" were the most powerful rulers of the world.

Every prophet establishes his pretension by the performance of miracles. On that token, Mohammad must be recognized as by far the greatest of all prophets, before or after him. The expansion of Islam is the most miraculous of all miracles. The Roman Empire of Augustus, as later enlarged by the valiant Trajan, was the result of great and glorious victories, won over a period of seven hundred years. Still, it had not attained the proportions of the Arabian Empire established in less than a century. The Empire of Alexander represented but a fraction of the vast domain of the Khalifs. For nearly a thousand years, the Persian Empire resisted the arms of Rome, only to be subdued by the "Sword of God" in less than a decade. Let a modern historian describe the miracle of the rise of Islam.

“Nowhere was there a vestige of an Arabian state, of a regular army, or of a common political ambition. The Arabs were poets, dreamers, fighters, traders; they were not politicians. Nor had they found in religion a stabilizing or unifying power. They practiced a low form of polytheism. A hundred years later, these obscure savages had achieved for themselves a great world power. They had conquered Syria and Egypt, they had overwhelmed and converted Persia, mastered Western Turkestan and part of the Punjab. They had wrested Africa from the Byzantines and the Berbers, Spain from the Visigoths. In the West they threatened France, in the East Constantinople. Their fleets, built in Alexandria or the Syrian ports, rode the waters of the Mediterranean, pillaged the Greek islands and challenged the naval power of the Byzantine Empire. Their success had been won so easily, the Persians and Berbers of the Atlas Mountains alone offering a serious resistance, that at the beginning of the eighth century it must have seemed an open question whether any final obstacle could be opposed to their victorious course. The Mediterranean had ceased to be a Roman lake. From one end of Europe to the other, the Christian states found themselves confronted with the challenge of a new Oriental civilization founded on a new Oriental faith." (H. A. L. Fisher, "A History of Europe", pp. 137/8.)

How did that stupendous miracle happen? That has been one of the baffling questions for historians. To-day the educated world has rejected the vulgar theory that the rise of Islam was a triumph of fanaticism over sober and tolerant peoples. The phenomenal success of Islam was primarily due to its revolutionary significance and its ability to lead the masses out of the hopeless situation created by the decay of antique civilizations not only of Greece and Rome but of Persia and China-and of India.

Chapter 2 : The mission of Islam

VULGAR interpreters of the Islamic history lay stress upon its military achievements either to praise or to deprecate its far-reaching revolutionary significance. If the undoubtedly brilliant military con quests of the Saracens were the only measure of the historic role of Islam, then it would not be a unique historical phenomenon. The depredations of the barbarians of Tartary and Scythia (Goths, Huns, Vandals, Avars, Mongols etc.) approximated, if not equaled or excelled, their military accomplishments. But there is a vast difference between the tidal waves that occasionally rolled West, South and East, from the border land of Europe and Asia, and the Arabic eruption of religious frenzy. Like tidal waves the former rolled on in their cataclysmic greatness, only to subside, sooner or later, having distributed death and destruction, far and wide. The latter, on the contrary, was an abiding historical phenomenon, which ushered in a brilliant chapter of the cultural annals of mankind. Destruction was only a subsidiary part of its mission. It pulled down the played-out old, to construct a necessary new. It demolished the holy edifices of the Cesars and the Chosroes, only to rescue from their Impending ruin the accumulated treasures of human knowledge, to preserve and multiply them for the benefit of the posterity.

The prodigious feats of the Saracen horsemen are not the only distinctive feature of Islam. They simply captivate our attention which must marvel at them, and impel us to search out and admire the causes of such a tremendously dynamic historical phenomenon. The miraculous performance of the "Army of God" usually dazzles the vision and the more magnificent achievements of the Islamic evolution are seldom known to the average student of history, even if he be a follower of Mohammad. Yet, the martial victories of the followers of the Arabian Prophet were but the prelude to a more magnificent and lasting performance in the social and cultural fte1ds. They only created the conditions for political unity which opened up an era of economic prosperity and spiritual progress. The stupendous ruins of the Roman and Persian Empires had to be cleared away so that a new social order could rise with new ideas and new Ideals. The dark superstition of the Magian mysticism, and the corrupt atmosphere of the Greek Church vitiated the spiritual life of the subjects of the decrepit Persian and Byzantine Empires rendering all moral and intellectual progress impossible. The severe monotheism of Mohammad wielded the formidable scimiter of the Saracen not only to destroy the profane idolatry of the Arabian tribes; it also proved to be the Invincible instrument of history for freeing a considerable section of mankind from the eternal evil spirit of Zoroaster as well as from degenerate Christianity given to the superstition of miracle-mongering, to the deadly disease of monasticism and to the Idolatrous worship of Saints. The amazing achievements of Saracen arms only prove that they were wielded at the service of history-for the progress of humanity.

The rich spiritual legacy of the glorious civilization of ancient Greece was almost burled under the dreary ruins of the Roman Empire, and lost in the darkness of Christian superstition. The grand mission of rescuing the invaluable patrimony, which eventually enabled the peoples of Europe to emerge from the depressing gloom of the holy middle-ages, and build the marvelous monument of modem civilization, belonged to the Saracen arms, and to the socio-political structure erected on the basis of Islamic Monotheism. The sword of Islam, wielded ostensibly at the service of God, actually contributed to the victory of a new social force-the blossoming of a new intellectual life-which eventually dug the grave of all religions and faiths.

Islam rose rather as a political movement than a religion in the strictest sense of the word. In the initial stages of its history, it was essentially a call for the unity of the nomadic tribes inhabiting the Arabian Desert. Upon its speedy realization, the politic-religious unitarian doctrine became the flag under which the Asiatic and African provinces of the Roman Empire survived the dissolution of the antique social order. The previous revolt had miscarried itself. Christianity had lost its original revolutionary fervor becoming, on the one hand, the ideology of social dissolution (Monasticism), and a prop for the decaying Empire, on the other. But the social crisis continued, aggravated by the degeneration of Christianity. The message of hope and salvation came from the Caravan traders of Arabia who had stood outside the corrupting atmosphere of the decomposed Roman world, and prospered by their advantageous position. The "Revolt of Islam" saved humanity.

A famous authority on Islamic history writes the following about the mission of Mohammad: "He found a whole nation in the full tide of rapid improvement, eagerly In search of knowledge and power. The excitement in the public mind of Arabia, which produced the mission of Mahamet, induced many other prophets to make their appearance during his life time." (Okley, “History of the Saracens.")

The people, for whom Islamic history is summarized in the exploits of fanatical hordes, dramatically offering the dismayed world the choice between the Koran and the sword, with the blood-curdling cry of "Allah Akhbar", do not know, or conveniently overlook, that only the immediate successors of Mohammad occupied themselves solely with temporal and religious conquests; and even they were distinguished from the barbarian ravishers of humanity like Alaric, Attila, Genseric, Chengis or Tamerlane, by the nobility of character, purity of purpose and piety of spirit. Their devoutness might have been fortified by superstition, but was not stained by hypocrisy. Their fanaticism was softened by generosity and sound common-sense. Their ambition was remarkably free from selfishness. Godliness, for them, was not a veil for greediness.

There are few figures in history more romantic, more devout, more sincere and more modest than the first "Commander of the Faithful"-Abu Bakr. His memorable injunction to the "Army of God" ran: "Be just; the unjust never prosper. Be valiant; die rather than yield. Be merciful; slay neither old men, nor women, nor children. Destroy neither fruit trees, nor grains, nor cattle. Keep your word even to your enemy. Molest not those men who live retired from the world." The irresistible march of the "Army of God" bears testimony to that this remarkable injunction was uttered sincerely by the venerable chief, and obeyed strictly by the devout followers.

Everywhere, the Saracen invaders were welcome as deliverers by peoples oppressed, tyrannized and tormented by Byzantine corruption, Persian despotism and Christian superstition. Fanatically faithful to the revolutionary teachings of the Prophet, and obediently acting according to the noble, wise and eminently practical injunctions of the Khalif, the Saracen invaders easily enlisted the sympathy and support of the peoples they conquered. No invader can establish an abiding domination over conquered peoples, except with their active support or tacit toleration.

The second Khalif, Omar, whose impetuous horsemen had pushed their victorious march through the Persian Empire, to the distant banks of the Oxus, on the one side, and were masters of the second metropolis of the Roman world - Alexandria - on the other, made his triumphal entry into Jerusalem on a camel which also carried the entire royal provision and equipage-a small tent of coarse hair, a bag of corn, a bag of dates, a wooden bowl, and a leathern flask of water. Gibbon offers the following account of the simplicity, devoutness, equity, and righteousness of the conquerors of Persia, Mesopotamia, Syria, Palestine and Egypt: "Wherever he halted, the company without distinction was invited to partake of his homely fare, and the repast was consecrated by the prayer and exhortation of the Commander of the Faithful. But in expedition or pilgrimage, his power was exercised in the administration of Justice; he reformed the licentious polygamy, the polygamy of the Arabs; relieved the tributaries from extortion and cruelty; and chastised the luxury of the Saracens by dispoiling them of their rich silk, and dragging them on their face in dirt." (“Decline and Fail of the Roman Empire.")

Khaled, whom the Prophet called the "Sword of God," whose almost legendary valour had united Arabia, Mesopotamia and Syria under the banner of Islam, died in the possession only of his horse, his arms, and a single slave. The great hero is credited to have declared in his youth, "it is not the delicacies of Syria, or the fading delights of this world, that have prompted me to devote my life in the cause of religion, I only seek the favor of God, and his apostle". (Recorded by the historian Abul Feda.)

The valiant conqueror of Egypt, Omrou, was distinguished by a poetic genius in addition to martial valour. The following remarkable passage occurs in his report to Khalif Omar: "The crowds of husbandmen who blacken the land may be compared to a swarm of industrious ants; and their native indolence is quickened by the lash of the taskmaster. But the riches they extract are unequally shared between those who labor and those who possess." That was a view far in advance of time. The idea of social equity was unknown in all the lands of ancient civilization. The toilers, either as slaves or as Sudras, were the object of legitimate contempt and exploitation. They were hardly considered as human beings. The economic principle, primitively formulated in the memorable injunction of the first Khalif, evolved out of the interest of the Arab traders, revolutionized the old social idea. A part of the wealth produced by the toiling masses, when left with themselves, becomes a powerful impetus to trade. In his administration of the conquered kingdom of the Pharaohs and the Ptolemies, the Arab warrior sought with success to mend the glaring inequities that had offended his poetic vision. Egypt, robbed and despoiled for centuries by the Greeks and the Romans, prospered under the Saracens.

There is no end of testimonies to prove that even in the predominantly martial period of their history, the Saracens were far from being barbaric bands of fanatical marauders, spreading pillage and rapine, death and destruction in the name of religion. Then, the period of conquest was short, as compared to the long era of learning and culture that flourished subsequently under the patronage of the Khalifs as well as of the tributary and independent Empire.

The military period terminated with the establishment of the Abbassides at Baghdad- the "City of Peace"-just about a hundred years after the ascendancy of the Prophet at Medina. Since then, the military activities of the Arabs were essentially of the nature of current defensive and offensive operations of a far-flung Empire.

The stern enthusiasm of the Saracen warriors was softened by time and prosperity. They began to seek riches no longer in war, but in trade and industry; fame, not on the field of battle, but in the pursuit of science and literature; and happiness, no longer in the fanatical worship of one God and his only Prophet, but in the harmless enjoyment of social and domestic life. War was no longer the passion and proud profession of the Saracens, because they had found interest and delight in a peaceful world created by the prowess of their forefathers. The progeny of the intrepid heroes, who had flocked to the belligerent standard of Abu Bakr and Omar, with the hope of paradise and incidentally earthly spoils, found the modest occupation of trade and industry more profitable, and science and philosophy more gratifying.

Three hundred years of peace, prosperity and progress elapsed before the martial valour of the Saracens was rekindled by Christian aggression in the deceptive form of the crusades. Pillage and plunder, tyranny and oppression came to be associated with Muslim conquests only after the power of the Saracens had been overwhelmed by the. Mongol barbarians from Central Asia; Arab learning and culture had been corrupted by the degenerating luxury of the court; and the proud standard of Islam, havl11g lost its original revolutionary luster, had been prostituted in the rapacious hands of the Turks and the Tartars.

It is a gross misreading of history to confound Islam with militarism. Mohammad was the Prophet not of the Saracen warriors, but of the Arab merchants. The very name with which he baptized his creed contradicts the current notion about its aim. Etymologically, Islam means to make peace, or the making of peace: to make peace with God by doing homage to his Oneness, repudiating the fraudulent divinity of idols which had usurped His sole claim to the devotion of man; and to make peace on earth through the union of the Arabian tribes. The peace on earth was of immediate importance, and greater consequence. The temporal interest of the Arabian merchants required it; for, trade thrives better under peaceful conditions. Since decayed states and degenerated religions bred the germs of continued wars and perennial revolts, their destruction was a condition for peace. The creed of Mohammad: made peace at home, and the martial valour of the Saracans conferred the same blessing on the peoples inhabiting the vast territories from Samarqand to Spain.

As soon as a country came under the domination of the Arabs, Its economic life was quickened by the encouragement of industry and agriculture. The spirit and Interest of the Arab traders determined and directed the policy of the Islamic State. In the Roman world as well as in all the other lands of antique civilization, the ruling classes detested all productive labor,-looked down upon trade and Industry. War and worship were their noble professions. With the Arabs, It was different. Nomadic life in a desert had taught them to appreciate labor as the source of freedom. With them, trade was an honorable as well as a lucrative occupation of the free man. Thus, the Islamic State was based upon social relations entirely different from those of the old. Religion extolled industry, and encouraged a normal indulgence of nature. Trade was free, and as noble a profession as state craft war, letter and science. The Khalifs of Baghdad were not only great traders; the earlier ones learned, and actually practiced some craft to purchase their personal necessities with the proceeds of manual labor. Most of the great Arab philosophers and scholars came from opulent trading families. The culture and refinement of the courts of Bokhara and Samarqand, the munificence of the Fatemite rulers of Africa and the splendor of the Sultans of Andalusia were equally produced rather by the profits of prosperous trade than by taxes extorted by despotic measures.

Under certain conditions, trade is a potent instrument of spiritual revolution. The aspiration of the Arab merchant produced the Monotheism of Mohammad. This, in its turn, inspired the nomads of a desert to establish one of the vastest and most flourishing empires of history .The laws of Koran revolutionized social relations. Increased production, the result of this revolution, quickened trade which ushered in an era of cosmopolitanism and spiritual uplift. Trade broadens the vision of man. Visiting distant lands, getting used to the sight of strange customs, .mixing with peoples of diverse races, the trader frees himself from the prejudices and limitations born of the local conditions of his native land. He develops the capacities of toleration, sympathy and understanding for the habits, views and faiths of others. Observation and inquisitiveness, which guide his voyage on the unknown sea, or direct his steps in lands, k1ll in him the comfort of credulity. The growth of critical faculty places him at the gate of knowledge. The essence of his occupation teaches the trader to think in abstraction. He is not interested in his merchandise as such. His mind is occupied with the idea of profit. It is all the same to him whether his camels or ships are laden with wool or corn or spices. He is concerned with something which is neither these nor other concrete things he handles. These are simply the means to attain his end-to make profit which is a category abstracted from the concrete commodity he buys or sells. He appreciates things, not in their intrinsic value, but according to their capacity to produce profit.

Toleration for strange things, the attempt to understand them, freedom from prejudice, faculty of observation, ability to think In abstract-all these qualities acquired by the trader, thanks to the nature of his occupation, go into the making of a ph1losophical outlook. Having seen different peoples cherish diverse forms of superstitions as divine wisdom, practice equally absurd rites and rituals or expressing devotion, extol prejudices to the dignity of eternal truth, the cosmopolitan mind of the traveled trader indulgently smiles upon the credulity of all, deplores their depravity equally, and respects the common element of faith beneath the superficial diversities of theological dogmas and forms of worship.

The main arteries of international trade of the medieval world ran through the countries which embraced Islam and were united in the Saracen Empire. The northern routes of trade with China, which passed through Constantinople to Italy and other countries of Western Europe, had become extremely risky owing to the Scythian Inroads and the ruinous fiscal policy of the Byzantine Empire. After their conquest of Syria, Mesopotamia, Persia and the territories across the Oxus, the Arabs captured the Chinese trade and diverted it to pass through their domain of North-Africa and Spain, ultimately to reach the markets of Western Europe. During the eighth to the eleventh centuries, practically the entire trade between India and China, on the one hand, and Europe, on the other, was done by the Arabs. Thousands of traders traveled with their Caravans, loaded with precious cargoes, from the remote frontiers of China and India all the way to Morocco and Spain. They were not persecuted or detested as their kind had been in all the countries of antique civilization with the honorable exception of Greece. In the Empire of the Saracens, they belonged to the ruling class.

Consequently, the learning and culture, that thrived so luxuriantly owing to the prosperity of the Saracen Empire, bore the stamp of their native broad-mindedness, cosmopolitanism and Incredulity. Under the leadership of a martial aristocracy and jealous priesthood, human Ideology takes the form of dogmatic faith for misty mysticism. Philosophy-the search for a rational explanation of the Universe originates in a society ruled by an aristocracy engaged in trade. The city states of the Ionian Greeks were therefore the birth-places of philosophy.

Islam was a necessary product of history,-an instrument of human progress. It rose as the ideology of a new social relation which, in its turn, revolutionized the mind of man. But just as it had subverted and replaced older cultures, decayed In course of time, Islam, in its turn, was also overstepped by further social developments, and consequently had to hand over its spiritual leadership to other agencies born out of newer conditions. But it contributed to the forging of new ideological instruments which brought about the subsequent social revolution. The instruments were experimental science and rationalist philosophy. It stands to the credit of Islamic culture to have been instrumental in the promotion of the ideology of a new social revolution.

Capitalist mode of production rescued Europe from the chaos of medieval barbarism. It fought and in the long run vanquished Christian theology and the spiritual monopoly of the Catholic Church with the potent weapon of rationalist philosophy. This weapon, invented by the ancient sages of Greece came to the possession of the founders of modem civilization through the Arab scholars who had not only preserved the precious patrimony, but added to it handsomely. The historic battle, begun by the nomads of the Arabian Desert, under the religious flag of Islam, was fought step by step through a thousand years on fields scattered over the three continents, to be won finally in Europe under the profane standard of the eighteenth century Enlightenment and Bourgeois Revolution.

Chapter 3 : Social and historical background of Islam

ISLAM-the Religion of Peace-was not the creation of Mohammad any more than other religions were of those to whom their origins are respectively attributed. No religion is the creation of any single individual, nor does it appear all of a sudden, revealed to this or that Seer as it is always claimed. Islam, like any other religion, was the product of the conditions of the time, and of the surroundings in which it flourished.

Though living on the side of the fateful road, on which the conquering armies of the Assyrians, Persians, Macedonians and Romans had marched back and forth, the inhabitants of the vast Arabian Peninsula maintained their freedom by virtue of the natural aspects of their country and the mode of life molded by those aspects. But the fierce love of freedom, together with the exigencies of a nomadic existence, had split the inhabitants of the Arabian Desert into a number of tribes perpetually engaged in feuds and warfare.

Separated from the rest of mankind, the Arabs took the stranger for an enemy. The poverty of his country had added to the growth of that spirit. These two factors went into the making of the codes of law and morality of the Arabs. They believed that, as descendants of the outlawed Ismael, they were doomed to live in a dreary desert while rich and fertile lands were assigned to the other branches of the human family. Consequently, they felt themselves justified in recovering by force a portion of the heritage, they believed, they had been deprived of.

The Roman historian Pliny, six hundred years before the appearance of Mohammad, found the Arabs occupied with two lucrative professions, robbery and trade, in addition to their native call of sheep-raising and horse-breeding. In the earlier stages of social evolution, these two professions of robbery and trade are usually distinguished by a thin and elastic line of demarcation.

"The trader makes his profit by purchasing things at the cheapest price, and selling them at the highest. The cheaper the price he pays, the greater is his profit. Robbery or theft places him in possession of things at the lowest price. Therefore, once the morality of the fundamental principle of trading is admitted, the right of the trader to act so as to make the greatest possible profit becomes legitimate. Then, competition keeps the price of his wares down. The most convenient way of eliminating competition is to rob the rival. By that stratagem, not only is the competitor kept away from the market, but his goods go there as the property of the more efficient party. Further, robbery is an effective weapon to establish monopoly on trade-routes and markets. In Its earlier stages of development, trade is everywhere conducted with these practical policies which must shock a modem merchant. Still, robbery was the weapon with which his less orthodox predecessors established the noble profession which he now carries on so righteously with the laudable maxim: Honesty Is the best policy.

Besides, robbery imperceptibly ripens into the manly political virtue of warlikeness, so much glorified in the savage adolescence of mankind. Given to robbery by the physical aspects of their homeland, the Arabs were naturally destined to develop unusual talent in trade as well as in war. Their bravery and warlikeness were almost legendary. The famous historical work. “Ayam al Arab," composed in the most flourishing days of the Saracen Empire, records no less than seventeen hundred memorable battles fought by the Arabs before the rise of the Prophet. So, if the Saracens distinguish themselves as warriors, they did not derive that virtue from their Islamic faith. They had been warriors before they were called to wield the sword in the service of God. The military achievements of Islam should be credited not so much to the religious teachings of the Arabic Prophet as to the social conditions of the country in which it was born.

The wars conducted by the Arabs before the appearance of the Prophet were mostly internecine feuds, fought with savage fierceness, but strictly according to the quaint codes of honor, chivalry and nobility. The profuse spilling of blood did not fertilize the sands of Arabia, but it did, eventually, become prejudicial to the profitable economic consequences of robbery, the legitimate profession of trade conducted by the primitive Arabs. Economic necessity demanded termination of the proud but ruinous virtue of Internecine wars, and diversion of the traditional Saracen valour in more profitable channels. The ideas, born out of that necessity, eventually crystallized into the "Religion of Mohammad."

Itself a vast stretch of sandy wilderness, Arabia, however, is surrounded on three sides by fruitful, populous countries-homes of ancient civilizations, where industry and agriculture thrived from time immemorial. On the south is the ocean on which navigated vessels carrying the trade of India. Thanks to her geographical position, Arabia was interested by the routes of Caravan trade and maritime commerce, interchanged among India, Persia, Assyria, Syria, Palestine, Egypt and Abyssinia. In earlier days, the trade-routes connecting Africa and Asia lay through the south and north of the Peninsula, avoiding the unknown interior of the sandy wilderness. But the exorbitant taxation of Byzantine despotism, supplemented by the endless extortion of its local officials, drove the traders to hazard the encounter of the fierce, but hospitable Beduin in the heart of his home.

In the beginning, the Arab collected his tribute according to his peculiar code of law and morality. But in course of time, he discovered that trade would be more profitable than robbery. Of all the Arabian tribes, the Koreish were the first to exchange the turbulent for a peaceful, but more profitable profession. They inhabited the coast-line of the Red Sea, and had commanded the Abyssinian trade long before the Asiatic traffic also came their way. In the earlier centuries of the Christian era, the capital of the Koreish tribe, Mecca, had become the point where the important trade-routes from south to north and east to west intersected. At Yamen, on the Arabian Sea, the Koreish caravans took over the commodities from India; at a point near modern Aden, their precious burden was increased by the African riches from Abyssinia. The journey northwards terminated at the busy marts of Damascus, where corn and manufactured articles were bought at the exchange of aromatics, pearls, precious stones, tusks etc. The lucrative exchange diffused plenty and riches in the streets of Mecca. When, later, the east-west trade-route also passed through Mecca, the prosperity of the Koreish became unbounded, and their ambition proportionately grew.

But other Arabian tribes, jealous of their freedom, and envious of the prosperity of the Koreish, stood faithfully by their traditional codes of law and morality, whose profane origin was no longer admitted. They were raised to the nobility of offensive and defensive warfare, on the authority of tribal gods. The old national pastime of robbery which had previously been played at the expense of unwary strangers, turned out ruinous to the new national occupation of trade. Termination of the tribal feuds became an essential condition for further political task of establishing unity, by the logic of historical events, devolved upon those who controlled the economic forces making for the historically necessary goal. The Koreish appeared as the chosen people of history.

In the midst of their ceaseless feuds, all the Arabian tribes worshipped and sacrificed at the temple of Caabba near Mecca. The Koreish had seized the control of the seat of national worship, and the sacerdotal office of great power and extensive privilege had been captured by the Hashemites- the most important family of the tribe. The Hashemites, therefore, commanded national respect and veneration, in addition to the opulence derived from trade. Eventually, a scion of the Hashemite family issued the call for unity in the form of a new religion which denied all gods but one.

The severe Monotheism of Mohammad not only echoed the yarning for unity on the part of a people torn ass under by Internecine feuds; it was also destined to find a ready response from the neighboring nations, tormented by the intolerance of the Catholic Church. The religious life of the people of Persia, Mesopotamia, Syria, Palestine and Egypt had been hopelessly confused by the conflicts of Magian Mysticism, Jewish conservatism and Christian bigotry. Rigid rites and rituals had taken the place of religion; hypocritical ceremonies had driven away devotion; dogmatic theology had prosecuted faith; and God had disappeared in a confusing crowd of angels, saints and apostles. The stringent cry of the new religion.-"There is but One God"-softened by great toleration, subject to this fundamental creed, was enthusiastically hailed by the distressed multitudes searching for the secure anchor of a simple faith in the stormy sea of social disintegration, intellectual bankruptcy and spiritual chaos. The historic cry was raised by the caravan traders of Arabia who had stood outside the ruinous conflict of arms and beliefs, had prospered economically, and progressed in spirit, while their older and more civilized neighbors had stagnated, decayed and disintegrated. The propagation of the stern belief in the

Oneness of God prepared the ground for the rise of a military State which unified all the social functions-religious, civil, judicial and administrative. The Unitarianism of the Saracens laid the foundation of a new social order which rose magnificently out of the ruins of the antique civ11isation. Such a creed was sure to attract the attention of the multitudes barbarously persecuted for religious heterodoxy .The new faith allowed freedom of conscience to all who placed themselves under its protection. Islam rose as a protection against religious persecution and refuge for the oppressed.

The accommodating nature, cosmopolitan spirit, democratic policy and the monotheistic creed of Islam were the creation of the geographical position of the land of its birth. Surrounded with countries oppressed by native despotism or devastated by foreign invasions, Arabia maintained her freedom. The persecuted sects from Egypt and Persia as well as from the Christendom fled to the free and hospitable desert where they could profess what they thought, and practice what they professed. When the Empire of the Assyrians was conquered by the Persians, and the altars of Babylon subverted by the Magis, the Sabian priests retired to the neighboring desert with their ancient faith and the precious knowledge of astronomy. Previously, Assyrian invasion had driven many a devout son of Israel in the same hospitable wilderness. All the Hebrew prophets, down to John the Baptist, lived, meditated and preached in the depth of the Arabian Desert. The invasion of Alexander having avenged the wrong done to the Assyrians, the more orthodox disciples of Zoroaster, who did not wish to desecrate the purity of their faith by the toleration of Greek idolatry, migrated to the free atmosphere of the Arabian desert to join their hands with Babylonian adversaries.

Gnosticism and Manichaeism-those hybrids of oriental mystic cults-Greek metaphysics and Christian Gospel, all thrived luxuriantly on the sandy soil of free Arabia. Finally, Catholic orthodoxy drove to the same smelting pot of Arabian hospitality the Nestorian, Jacobite and Eutycian heretics who preferred the simplicity of the Gospel to the idolatry of the orthodox Church. The freedom of exile brought the representatives of those diverse faiths into closer contact enabling them to see what was common to them all. In the calm atmosphere of toleration, their heterodoxy disappeared, fire of proselytism died out and the common essence of the teachings the learned guests was imparted to the hospitable Beduin. In short, the Barbarians of the desert inherited the best the religion of antiquity had to offer, namely, the faith in the existence of one supreme God who is exalted above all the powers of heaven and earth, but who had revealed himself to the mankind from time to time through his Prophets. Here is the essence of Islam crystallized in the spiritual consciousness of the Arabian people before Mohammad appeared with the mission of building a new religion on its basis. The spirit of Islam was not invented by the genius of Mohammad; nor was it revealed to him. It was a heritage of history conferred on the Arabian nation. The greatness of Mohammad was his ability to recognize the value of the heritage and make his countrymen conscious of it.

The Arabs had acquired the notion of one supreme God; but out of habit and for tribal Interests, they still practiced their old polytheistic worship. To be benefited by the positive outcome of earlier religions, delivered to them as a heritage of history, they must change their traditional mode of worship. A supreme effort must be made with the purpose; and Mecca was the most strategic point to lead the attack from.

The particularist freedom and internecine feuds of the Arabian tribes were mutually compromised and composed at Mecca. All routes of trade led there. The unity of the economic interest of the decentralized nation had created at Mecca a symbol of precarious spiritual unity. All the tribes from distant parts of the vast desert, while visiting the market of Cecca, worshipped in the temple of Caabba. Each had introduced there its own emblem of devotion. The temple had been adorned with no less than three hundred and sixty idols of men, eagles, lions, etc., but the prosperous tribe of Koreish dominated the trade of Mecca, and the powerful family of Hashim had seized control of the temple. It was natural that the new spirit of a rising faith, which would further economic interest through national unity, should be first felt consciously at the heart of the nation. So, it happened that a member of the Hashemite family began to preach the new religion.

Once the family of Hashim and the tribe of Koreish were converted to the new faith, the whole nation would follow soon. All the tribes must visit Mecca for the purposes of trade. Those who controlled the trade of Mecca could easily dictate the faith and conscience of the entire nation. But prejudice and habit induced the Koreish to persecute ennovating zeal of their kinsman. They were afraid that trade would be driven away from Mecca, should the Pantheon of Caabba be disturbed. But there were others ready to assume the leadership of the revolution, when the most eligible candidate failed. Medina espoused the cause of the Prophet, and the call of unity found enthusiastic response in other quarters. The supremacy of Mecca was menaced. One family after another defected from the Koreish conservatism, and joined the revolutionary Hashemites. Before long, the Koreish capitulated before their exiled kinsmen, but only to capture the scepter of the "Commander of the Faithful." As soon as the followers of the Prophet captured Mecca, a perpetual law was passed that no unbeliever should be allowed to set foot on the territory of the Holy City. The new religion was imposed upon the entire nation with the potent weapon of economic boycott. Caabba was cleared of its idols, and became the shrine of "Mohammad's God." Once the standard of the new religion was raised, the whole nation flocked under it. The ground had been prepared. The faith had unconsciously taken hold of the mind of the nation before it was preached. Economic interest demanded its establishment.

Chapter 4 : The causes of triumph

ITS historical background and the social conditions in which it was born put on Islam the stamp of toleration, which, to the undiscerning eye, may appear to be incongruous with the spirit of fanaticism traditionally associated with it. But there is no contradiction. The basic doctrine of Islam-“There is but One God"-itself makes for toleration. If the whole world, with its defects and deformities, the entire mankind, with all its follies and frivolities, is admitted as the creation of the selfsame God, the believer in this elevating doctrine may" deplore the deformities and laugh at what appears to him to be absurdities and perverseness; but the very nature of his faith does not permit him to look upon them as the works or worships of some other God of Evil, and declare war upon them as such. Those, who worship di1f~rently, are for him mistaken and misled brethren, but none the less children of the selfsame Father, to be brought to the right road, or indulgently tolerated until they are ready for redemption.

The terrifying vision of the followers of the, Arabic Prophet offering to the world, Koran or the sword, cast such an ominous shadow over the history of the rise of Islam as concealed the third alternative so freely offered, and generally accepted. That was the main cause for the triumph of Islam. As a matter of fact, the alternatives were very differently offered. It was: "Accept the Koran or pay tribute to the Saracen conqueror!" The "Sword of God" was unsheathed only when neither of the alternatives was accepted. The economic interest of the Arab trader, which produced the monotheistic creed of Islam, was antagonistic to indiscriminate bloodshed. The lands through which the trade routes lay must be conquered and brought under the domination of the unitary State. The object would be all the better realized should the conquered peoples accept the new religion; for, then the unitarian State would be established on a solid foundation. But production and consumption of commodities are the essential factors of trade. Therefore, it was not compatible with the historic role of Islam to massacre the artisan and peasant masses, or to destroy opulent cities for the impiety of rejecting the Koran. What was necessary was their subjugation to the believers of the new creed. Under the domination of the followers of the Prophet, unbelieving peoples were allowed to hold their imperfect faiths, and to continue their perverse worships.

When Jerusalem capitulated to Khalif Omar, the inhabitants of the vanquished city were left in possession of their worldly goods, and allowed the freedom of worship. A special quarter of the city was allotted for the residence of the Christian population with their Patriarch and his clergy. For the protection thus granted, a nominal tax of two pieces of gold was imposed upon the entire Christian community. The pilgrimage to the Holy City was stimulated rather than suppressed by the Muslim conquerors, on account of the commercial value of that devout traffic. Four hundred and sixty years later, when the Holy Land reverted to the Christian rule of the crusading knights of Europe, "the Oriental Christians regretted the tolerating Government of the Arabian Khalifs". (Gibbon, "Rise and Fall 0f the Roman Empire".)

In contrast to the toleration of the Muslims, the following account of the occupation of Jerusalem by the Crusaders is highly illuminating: "In the pillage of private and public wealth, the adventurers had agreed to respect the exclusive property of the first occupant. A bloody sacrifice was offered by mistaken votaries to the God of the Christians; resistance might provoke, but neither sage nor sex could mollify, their Implacable rage; they indulged themselves three days in a promiscuous massacre. After seventy thousand Muslims had been put to the sword, and the harmless Jews had been burned in their Synagogue, they could still reserve a multitude of captives whom interest or lassitude persuaded them to spare.� (Ibid).

On the testimony of a whole series of authoritative historians, Christian as well as Muslim, contemporary as well as modern, the critical Gibbon conclusively proves that "to his Christian Subjects, Mohammad readily granted security of their persons, the freedom of their trade, the property of their goods and the toleration of their worship." This profitable principle of toleration was observed with more or less strictness, not only by all the immediate successors of the Prophet, but over the whole period of Arabic ascendancy. It was abandoned only after Islam had played out its historic role and its leadership has passed from the noble Saracens to the notorious barbarians of Tartary. Even under the first Turkish Sultans. Islam was not completely divorced from its original spirit of toleration.

In its days of glory, the native toleration of Islam not only developed into wide freedom of thought and rationalism, but, from the orthodox point of view, even degenerated into positively heretical and irreligious notions. Most of the earlier Abbassides Khalifs of Baghdad were not only devoted to the study of profane science, and free in their thought; some of them, Motassen for example, even did not believe in the divine origin of the Koran.

For centuries, the Saracen Empire offered hospitable asylum to the persecuted Jews as well as to the unorthodox Christians sects of the Nestorians, Jacobites, Eutychians and Paulicians. After the consolidation of the Saracen conquest, the toleration of Islam was extended even to the Catholic Church. Many Christian historians themselves bear testimony to this effect. The Ecclesiastical historian Renaudot, for example, informs that "the rank, the immunities, and the domestic jurisdiction of Patriarchs, Bishops, and the clergy were protected by the (Muslim) civil magistrates (of Egypt); the leaning of Christian Individuals recommended them to the employment of secretaries and physicians; they were enriched by the lucrative collection of revenue; and their merit was sometimes raised to the command of clues and provinces." A Khalif of Baghdad declared that the Christians were most worthy of trust in the administration of Persia. The Paulicians, those valiant fore-runners of the Protestant Reformation, not only received freedom of worship in the Saracen Empire, but were actively supported by the Khalifs in their prolonged effort to subvert the degenerated Catholic Church, and reestablish Christianity In its original form.

The ancient religion of Zoroaster, with its pernicious doctrine of the dual principles of Good and Evil, both equally eternal, was particularly obnoxious to the stern worshipper of "One God". Yet, even the Magian creed did not altogether forfeit the toleration of the conquering Arab. As late as the third century of the Hegira, ancient temples of Fire stood splendourously overshadowing the modest Mosque by their side. Those proud monuments of an ancient faith crumbled not under the ruthless blow of the fanatical Sword of Islam; they were doomed to destruction, and fall to inevitable ruins in consequence of the general desertion of their votaries. No amount of coercion could possibly force a whole nation to abandon its traditional faith with so little resistance, and accept that of the conqueror with such surprising alacrity, as did the Persians over the vast territory from the Tigris to the Oxus. The ancient faith was decayed. It no longer satisfied the spiritual requirements of a cultured people. The menacing shadow of Khariman had eclipsed the luster of the "Sun and Fire." The Persian masses embraced the simple Monotheism of Mohammad as the message of liberation from the dark despotism of the eternal principle of Evil.

The north of Africa, from Alexandria to Carthage, was the only territory where the Christian faith was totally obliterated by the spread of Islam. There again, the cause of the sweeping religious revolution was not the Intolerance of the new creed, but the decay of the old faith, and the general chaos and despair caused by that decay. The faith of the gospel of Jesus, established by the talent, piety and power of Cyprian, Athanasius and Augustine, had been subverted by Arian and Donatist heresies, and the Catholic fury, with which the impoverished masses revolting under the banner of religious heresy were suppressed, had ruined the once prosperous provinces economically. Then, the Vandal and Moorish invader had devastated the ruins so mercilessly as to throw the people into a hopeless state of social chaos and spiritual morbidity which drove them to seek an 1llusive solace in the absurdities or Monasticism.

In that dense darkness of social dissolution and spiritual despair, the virile and optimistic message of the Prophet of Arabia flashed like an 1lluminatIng flame of hope. The mind of the multitude was lured by the temporal as well as the heavenly blessings offered by the new religion. The conquering trumpet of Islam awakened the despondent spirits who, defeated in the struggle of terrestrial life, had precariously entrenched themselves in the superstition of a divine existence. Healthy indulgence of nature, allowed, even encouraged, by the new faith, speedily overwhelmed the perverse notions of asceticism fomented by a degenerate version of the gospel of Christ. Islam opened up a new vision of hope before a people, sunk in the depth of despondency. The convulsion created by it ushered in a new society in which everyone had the opportunity of ascending the natural level of his courage and capacity. With the exhilarating inspiration of Islam, and under the benevolent rule of the Saracen conquerors, the fertile soil and industrious peoples of North Africa soon recovered fruitfulness and prosperity.

“It is altogether a misconception that the Arabian progress was due to the sword alone. The sword may change an acknowledged national creed, but it cannot affect the consciences of men. Profound though its argument is something far more profound was demanded before Mohammedanism pervading the domestic life of Asia and Africa....... The explanation of this political phenomenon is to be found in the social condition of the conquered countries. The influences of religion in them had long ago ceased; it had become supplanted by theology...... How was it possible that unlettered men, who with difficulty can be made to apprehend obvious things, should understand such mysteries? Yet, they were taught that on those doctrines the salvation or damnation of the human race depended. They saw... ...that personal virtue or vice were no longer considered; that sin was not measured by evil works but by the degrees of heresy... What an example when bishops are concerned in assassinations, poisonings, adulteries, blindings, riots, treasons, civil war; when Patriarchs and Primats were excommunicating and anathematising one another in their rivalries for earthly power, bribing Eunuchs with gold, and courtesans and royal females with concessions of episcopal love, and influencing the decisions of councils asserted to speak with the voice of God by those base intrigues and sharp practices resorted to by demagogues in their packed assemblies! Among legions of monks, who carried terror into the imperial armies and riot into the great cities, arose hideous clamours for theological dogmas, but never a voice for intellectual liberty or the outraged rights of man. In such a state of things, what else could be the result than disgust or indifference? Certainly men could not be expected to give help to a system that had lost all hold on their hearts.

"When, therefore, in the midst of the wrangling of sects.... and anarchy of countless disputants, there sounded through the world... the dread battle cry, 'There is but One God’... is it surprising that the hubbub was hushed? Is it surprising that all Asia and Africa fell away? In better times, patriotism is too often made subordinate to religion; in those times, it was altogether dead." (J. W. Draper, “History of the Intellectual Development of Europe", Vol. I, pp. 33213.)

The principle of equality, preached by the followers of Mohammad, originated in the traditional freedom of the nomadic life of the Arabic tribes. They had all shown equal valour in the national profession of robbery. When that modest call of the olden times assumed the majestic proportion of conquest, the individual Arab did not forget that his horse could speed as fast and his scimitar was as sharp as those of any. He had taken an equal share in defending his desert home against the conquering armies of Sesostris and Gyrus, Alexander and Darius, Pompeii and Ashirwan, Ptolemy and Trajan. He would not playa less noble part in the pastime of turning the table. But the principle of equality proclaimed by Islam proved to be a factor in its spectacular triumph no less potent than the scimitar of the Saracen hero. It contrasted sharply with the oppressive laws governing the class and caste-ridden societies of the Roman Byzantine, Persian and, later, of Indian Empires. Islam stood for freedom and equality which, as a matter of fact, had long been forgotten in all the lands of the degenerated ancient civilization.

The proud possession of the spiritual heritage of earlier civilizations having accrued to the Arabs, it became their mission to share it with the unfortunate multitudes groaning under the hideous rul11s of those civilizations. The circumstances of the age were favorable to the dramatic expansion of Islam. It rose in the period of intellectual and spiritual decline of the ruling classes throughout the world of ancient civilizations. The dissatisfaction with the social conditions of decay, decomposition, and despotism had created in the masses of people the aspiration and striving for a better world. Christlan1ty had been the first child born of that revolutionary spirit. The unfortunate triumph of having enlisted the corrupting patronage of the old ruling class had transformed Christianity into an apologist of the established order of society. The Church Fathers had conveniently forgotten that their Prophet preached revolt against the Roman yoke, and had painted him as the meek sheep bleating the shameful Injunction: "Pay the Caesar his due"-an injunction which violated the whole tradition of Jewish history constituting the background of Christianity. Having compromised with the ruling class, Christianity could not but betray the mission of laying the foundation of a new social order commensurate with the objective striving of the age. It had refused to lead the destitute to the conquest of this world and had deceived them with the delusion of a world to come, flowing with milk and honey. The entrance to the Kingdom of Heaven was to be allowed only to the meek, that is, to those who would submit to the tyranny of the rulers of this world.

The debacle of Christianity made the appearance of a more vigorous religion an historical necessity. Islam not only promised its votaries the blessings of a brilliant paradise. It also inspired them to the conquest of this world. Indeed, the Paradise of the Arabian Prophet was nothing but an ideal of the life of happiness and enjoyment to be attained in this world. Mohammad not only provided his own people with a platform of national unity, but armed the united Arabian nation with a cry of revolt which found ready response from the oppressed and destitute masses in all the adjacent countries.

The cause of the dramatic success of Islam was spiritual as well as social and political. On this important point, Gibbon testifies: "More pure than the system of Zoroaster, more liberal than the laws of Moses, the religion of Mohammad might seem less inconsistent with reason than the creed of mystery and superstition which, in the seventh century, disgraced the simplicity of the Gospel." (“Decline and Fall of the Roman Empire.")

Still one more historian bears testimony to the fact that the spectacular triumph of Islam was rather due to its liberating and equalitarian principles than to the military valour of its early adherents. “In almost every case in which the Saracens conquered a Christian nation, history unfortunately reveals that they owed their success chiefly to the favour with which this progress was regarded by the masses of the conquered people. To the disgrace of most Christian governments, it will be found that their administration was more oppressive than that of the Arab conquerors... The inhabitants of Syria welcomed the followers of Mahomet; the Copts of Egypt contributed to place their country under the domination of the Arabs; and the Christian Berbers aided the conquest of Africa. All these nations were induced, by the hatred for the government of Constantinople, to place themselves under the sway of the Mohammedans. The treachery of the nobles and the indifference of the people made Spain and the South of France easy prey to the Saracens." (Finlay, "History of the Byzantine Empire.")

Chapter 5 : Mohammad and his teachings

THE founder of Islam has been characterized as "the man who, of all men, has exercised the greatest influence upon the human race." (Draper, "History of the Intellectual Development of Europe," Vol. I, p.329). There was, however, nothing very extraordinary about the man until he claimed the credit of divine revelation. The foundation of that dubious claim was no more or no less fictitious than in the case of the prophets, apostles and saints of all other religions. Christian arrogance called the Arabian Prophet an "Imposter". But it has been forgotten that he was given that name together with Moses and Jesus. The authorship of the famous book, anonymously published,-"Three Imposters"-which created sensation in Europe towards the close of the middle-ages, was attributed to the Christian King Frederic Barbarossa as well as to the Muslim philosopher Averroes.

If Mohammad was an "imposter", he did not take up that role any more consciously than others who appeared as instruments through which the fiction of divine revelation became a reality and carried conviction with the ignorant and superstitious masses. Having conceived the ideal of national unity, Mohammad realized that it could not be made acceptable to the warring Arabian tribes unless it were backed up with a supernatural sanction. People enjoying the bliss of ignorance and thinking In terms of preconceived notions, could not be convinced with any other argument. The will of minor gods could be overwhelmed by the will of a greater and all-powerful God. The protection against the wrath of the former should be found in the mercy of the latter. The belief in the absolute sway of one supreme God can alone encourage people to revolt against the tyranny of a whole host of tribal deities. If the supreme God was not there he had to be invented. That was the chain of Mohammad's thoughts. There was no Imposture in it. Did not the rationalist Voltaire put forward the same argument more than a thousand years after it had found favour with the Arabian Prophet?

But in the latter case, the argument was put forward in defense of reaction; Voltaire advocated the necessity of inventing a God because that would be the only guarantee for the preservation of the decayed system of feudal monarchist society. At the time of Mohammad, and under the circumstances it was advanced, the argument served a positively revolutionary purpose. When man's mind is dominated by the belief in the supernatural, every progressive idea should be formulated in the terms of those beliefs if it were to secure popular support. Besides, the idea of One God was not the invention of Mohammad. The idea had grown out of social conditions described in the last chapter. Mohammad's mission was to discover evidence for the existence of the One God. And if you wish to convince people you must adduce only that kind of evidence which can carry conviction to them.

But Mohammad's search for God was not inspired by cynicism as in the case of Voltaire. It was an honest effort on the part of an ignorant man inspired by zeal. In quest of the God who alone could save the Arabian nation, he retired to the desert and gave himself up to meditation, fasting and prayer-those familiar practices adopted by the prejudiced seeking divine inspiration even in these days of the twentieth century. And the result was as usual in all such cases.

"He was visited by supernatural appearances, mysterious voices accosted him as the Prophet of God; even the stones and trees joined in the whispering." (Draper Ibid.) Such experiences always result from cerebral disorder which takes place whenever the prescribed practices are carried too far. Fixed ideas, however fantastic or imaginary, may appear to take concrete form if the mind is focused on them so as to exclude the consciousness of other sensations. A scientific study of the psychology of Seers reveals the fact that "inspiration" or any other "religious experience" is the result of a pathological state brought about either accidentally or purposely through prescribed practices.

Mohammad acted as all those of his kind had done before him, or did after him. But in his case, there was a fact which must go to his credit. He was too shrewd a man to be deluded by those psycho-pathological symptoms which are taken for the evidence of spiritual elevation. He was afraid that he was going mad; and might have abandoned his mission if his sagacious wife had not come to his aid in the nick of time. It was the rich merchant Khadija, mature with worldly wisdom, who was quick to appreciate the spiritual value of the mental aberrations of her husband. She persuaded him that his visions were not signs of insanity, but were messengers of God. Taking advantage of his psycho-pathological state of suggestibility, she could easily make him "see" an angel entering the room to deliver to him the Message of God. Undoubtedly, the drama could be enacted only in the setting of ignorance, superstition and prejudice main characters being played under delusion. But that is how all religions are born. There is no reason to think that Islam was an exception. It was an exception in the sense that, except for the Invention of a divine sanction, it contained less of religious dogmas and metaphysical speculation than sound political sense, progressive social principles and admirable codes of personal behavior. "He did not engage in vain metaphysics, but applied himself to improving the social condition of his people by regulations respecting personal cleanliness, sobriety, fasting, prayer, above all other works he esteemed almsgiving and charity. With a liberality to which the world had of late become a stranger, he admitted the salvation of men of any form of faith provided they were virtuous." (Draper, ibid.)

Composed by man of practically no education, the Koran, naturally, is not a work of any intellectual standard. It is full of crude Ideas and fantastic speculations. These obvious defects of the Koran, easily over-shadow its great merit even as the source of Inspiration of a great religion. Mohammad's religion was rigorously monotheistic; and as a Monotheism It was uncompromising, which outstanding characteristic won for it the distinction of the highest form of religion. The idea of God is the foundation of religion in the ph1losophical sense. That idea cannot be free of all fallacies unless it leads to the conception of creation out of nothing. The rationalism of ancient philosophers of Greece as well as of India-excluded the fantastic conception. Consequently, religions growing out of the background of that primitive rationalism could not conclusively establish the fundamental idea of God. The result was that all the great religions-Hinduism, Judaism and Christianity-eventually ended in some or other form of pantheism which logically liquidates religion as such. For pantheism identifying the phenomenal world with God puts the very Idea of God under doubt. It disposes of the Idea of creation and, consequently, the Idea of God must also go. If the world can exist, by itself, from eternity, it is not necessary to assume a creator. And, deprived of the function of creation, God becomes an unnecessary postulate.

Mohammad's religion cuts the Gordian knot. It frees the idea of God from the embarrassment of primitive rationalism by boldly asserting the highly irrational idea of creation out of nothing. The God stands out in all His glory. The ability to create not only the whole world but an endless series of worlds is the token of His all-powerfulness. To have thus established the Idea of God, albeit in a dogmatic and primitive manner, was the credit of Mohammad. For that credit he has gone down in history as the founder of the purest form of religion. Because Islam as a religion is Irrationalism par excellence, it so easily triumphed over all other religions which, with all their metaphysical accomplishments, theological subtleties and philosophical pretensions, were defective as religion, being but pseudo-religions.

Monotheism, however, is a highly subversive theory. While being itself the highest form of religion, it strikes at the root the religious mode of thought. Placing God above and beyond the world, it opens up the possibility of doing without him altogether. Islam as the most rigorous monotheistic religion closed the chapter of human history dominated by the religious mode of thought, and by its very nature was open to unorthodox interpretations which eventually liquidated the religious mode of thought and laid down the foundation of modern rationalism. "We may compare the working of Monotheism to a mighty lake, which gathers the floods of science together, until they suddenly begin to break through the dam... The third of the great monotheistic religions, Mohammedanism, is more favorable to Materialism. This, the youngest of them, was also the first to develop, in connection with the brilliant outburst of Arabian civilization, a free philosophical spirit, which exercised a powerful influence primarily upon the Jews in the Middle Ages, and so indirectly upon the Christians of the West." (F.A. Lange "The History of Materialism," Vol. I, pp. 174 and 177). Being the most perfected form of Monotheism, Islam played that role. The crudities of the Koran did not prevent its basic idea from flourishing into all its revolutionary consequences.

His severe Monotheism contradicted Mohammad's claim to the sole Prophecy of God. While the Koran recognized Moses, Jesus and other Hebrew Prophets as apostles of God, Mohammad's claim, if not openly disputed in the beginning, was secretly doubted even among his associates. Divinity of its founder is not the fundamental creed of Islam. And that distinction results from its strict Monotheism. Immediately upon the death of Mohammad, his followers were divided on that crucial question. When the news of the Prophet's death reached the camp of the army setting out for the conquest of Syria, the devout Omar refused to believe that the Prophet could die, and threatened to strike off the head of messenger whom he suspected to be an infidel. Upon that, the venerable Abu Bakr admonished the impetuous younger man with the following words: "Is it Mohammad or the God of Mohammad that you worship? The God of Mohammad liveth for ever; but the apostle was a mortal like ourselves, and according to his own prediction, he has experienced the common fate of mortality."

It should be noted that the immediate successor of Mohammad, at the moment of his disappearance, called him an apostle, instead of the Prophet. With the less ambitious designation of an apostle, Mohammad was placed by his followers on the level of other religious teachers and law-givers. Denial of the divinity of the Prophet made Islam the purest doctrine of Monotheism. Once divinity is conceded to a Prophet, before long, he assumes the attributes supposed to belong only to the Supreme Being. The unity of God or the absoluteness of the First Principle can no longer be maintained logically. Dubious theological devices endeavor to reconcile the contradiction. The original simplicity of faith is lost either in theological dogmatism or mystical self-deception. Without the severity of its theology, Islam could not claim the historic role as creditably as it did. When the Prophet is deprived of divinity, or his claim to it is not generally admitted, the scripture cannot command absolute and infallible authority. Consequently, a latitude is left for the mind of the faithful. The teaching of a mortal cannot have the majesty of eternal truth, and scriptural laws cannot claim immutability.

Until the twelfth century, Islam did not possess a homogenous body of dogmas. Subject to the belief in one God, the Mussulman had a practically unlimited latitude for his spiritual life. And history shows that the Arabian thinkers made free and full use of that flexibility of the new faith. In order to refute the Christian doctrines of Trinity, which they considered to be a vulgarization of the sublime idea of the Supreme God, Muslim theologists developed the fundamental idea of religion to the most abstract form ever conceived by human mind. (Vide Renan, "Averroes et Averroeism", p. 76). They could perform that unparalleled feat of theological rasiocination because "the Monotheism of Mohammad was the most absolute, and comparatively the freest from mythical adulterations." (F.A. Lange, "The History of Materialism," Vol. I, p. 184). The same authority testifies to the fact that the fundamental principles of religion laid down crudely by the founder of Islam were pregnant with the possibility of great development. And because of their rigid monotheistic nature, the development inevitably transcended the narrow limits of religious thought and culminated into a spiritual aflorescence which closed the age of faith. "Even before the communication of Greek philosophy to the Arabians, Islam had produced numerous sects and theological schools, some of which entertained so abstract a notion of God that no philosophical speculation could proceed farther in this direction, whilst others believed nothing but what could be understood and demonstrated... In the high school at Basra, there arose, under the protection of the Abbassides, a school of rationalists which sought to reconcile religion and faith." (Ibid., p. 177).

During the first five or six hundred years of its history, Islam produced not only scholars who occupied themselves more with heavenly bodies than with heavenly beings, who quietly set aside the Koran and placed greater spiritual value on the study of profane books, but revolutionary thinkers who ruthless\y sacrificed faith on the altar of reason. Not a few "Commanders of the Faithful" themselves-those who reigned at Baghdad, Kairo or Cordova until the eleventh century-attached greater value to positive knowledge than to revealed wisdom. The independent Empire of Bokhara preferred poets to the priests, doctors of medicine to doctors of divinity, and encouraged scientific research rather than the propagation of faith.

When we bear in mind that this line of intellectual development was opened up not only by the socio-political conditions created by the triumph of Islam, but originated in the central dogma of Mohammad's religion, neither the curiosities of the Koran nor the primitiveness of the Islamic faith should permit us to underestimate the historical role of Islam.

Chapter 6 : Islamic Philosophy

THE age of Arabian learning lasted about five hundred years, and coincided with the darkest period of European history. During the same period, India also was lying prostrate, under the triumphant Brahmanical reaction which had subverted or corrupted Buddhism. Eventually, it was, thanks to the inglorious success of having overcome the Buddhist revolution, that India fell such an easy prey to' Muslim invaders.

Under the enlightened reign of the Abbassides, the Fatemites and the Ommiades rulers, learning and culture prospered respectively In Asia, North-Africa and Spain. From Samarqand and Bokhara to Fez and Cordova, numerous scholars studied and taught astronomy, mathematics, physics, chemistry, medicine and music. The invaluable treasure of Greek philosophy and learning had been burled under the intolerance and superstition of the Christian Church. Had it not been for the Arabs, It would have been irretrievably lost, and the dire consequence of such a mishap can be easily imagined.

Vain piety and hypocritical holiness induced the Christians to spurn the science of antiquity as profane. In consequence of that vanity of Ignorance, the peoples of Europe were plunged into the medieval darkness which threatened to be bottomless and interminable. The happy resurrection of the divine light of knowledge, lit by the sages of ancient Greece, at long last dissipated the depressing darkness of Ignorance and superstition prejudice and intolerance, and snowed the European peoples the way to material prosperity, intellectual progress and ,spiritual liberation. It was through the Arabian philosophers and scientists that the rich patrimony of Greek learning reached the fathers of modem rationalism and the pioneer of scientific research, Roger Bacon, was a disciple of the Arabs. In the opinion of Humboldt, the Arabians are to be considered "the proper founders of the physical sciences, in the signification of the term which we are now accustomed to give it." {"Kosmos", Vol. II.)

Experiment and measurement are the great instruments with the aid of which they made a path for progress, and raised themselves to a position of the connecting link between the scientific achievements of the Greek and those of the modern time.

AI Kandi, AI Hassan, AI Farabi, Avicena, Al Gazali, Abubakr, Avempace, Al Phetragius. (The Arabian names are so contracted in historical works written in European languages) -these are names memorable in the annals of human culture; and the fame of the great Averroes has been 1mmortalised as that of the man who made the forerunners of modern civilization acquainted with the genius of Aristotle, thereby giving an inestimable impetus to the struggle of the European humanity to liberate itself from the paralyzing influence of theological bigotry and sterile scholasticism. The epoch-making role of the great Arab rationalist, who flourished in the first half of the twelfth century under the enlightened patronage of the Sultan 0! Andalusia, is eloquently depicted by the well-known saying of Roger Bacon: "Nature was interpreted by Aristotle, and Aristotle interpreted by Averroes."

The standard of spiritual revolt against the authority of the Christian Church, and the domination of theology, was hoisted in the thirteenth and fourteenth centuries. The rationalist rebels drew their inspiration from the scientific teachings of the great philosophers of ancient Greece, and these they learned from the Arabian scholars, particularly Averroes.

The bigotry of the pious Justinian, in the beginning of the sixth century, finally purged the holy world of Christian superstition of the remaining vestiges of pagan learning. The last Greek scholars were forced to leave the ancient seats of learning. They emigrated from the Roman Empire, and sought refuge in Persia; but there also sacerdotal intolerance proved equally hostile to profane learning. Eventually, the derelict science of Athenian culture found a hospitable home in the court of the Abbassides Khalifs of Baghdad who were so impressed by the wisdom of those foreign infidels that neither Koran, nor sword was offered to them. On the contrary, all the remaining votaries of ancient learning, whose knowledge ridiculed faith, and indulgently smiled at all religion, were invited to accept the liberal hospitality of the Commander of the faithful.

The Khalifs not only took the exiled Greek scholars under their protection. They dispatched competent men to different parts of the Roman Empire with the instruction and the means to collect all the available works of the sages of ancient Greece. The precious works of Aristotle, Hipparchus, Hyppocrates, Galen and other scientists were translated into the Arabian language, and the Khalifs gave every encouragement to the propagation of those irreligious teachings throughout the Muslim world. Schools established at State expense disseminated scientific knowledge to thousands of students belonging to all classes of society,-"from the son of the noble to that of the mechanic". Poor students received education free, and teachers were handsomely remunerated for their services which were held at the highest esteem. The Arab historian, Abul Faragius, records the following views of Khalif Al Mamon regarding the men of leaning: "They are the elect of God, his best and most useful servants, whose lives are devoted to the improvement of their rational faculties. The teachers of wisdom are the true luminaries and legislators of a world which without their aid would again sink into ignorance an barbarism.

The current notion of the bigotry and fanaticism of Islam loses all historical authenticity when it is known that the men of learning so highly appreciated by the successors of the Prophet, were mostly devoid of any religious fervour, not a few of them holding views frankly heretical; and the general burden of their teachings was the assertion of the reason of man as the only standard of truth. History does not provide the critical student with many instances of the head of a religious order encouraging the "improvement of rational faculties", as Khalif Al Mamon did. For, the cultivation of rational faculties is entirely incompatible with faith. Yet, Al Manon was but one of the illustrious lines of Abbassides Khalifs who not only encouraged the propagation of scientific knowledge, but themselves participated in it. Nor were the enlightened Abbassides an exception.

The Fatemites of Africa and the Omminades of Spain rivaled them in political power, material prosperity as well as in the patronage and propagation of knowledge. The library of Cairo contained over one hundred thousand volumes; whereas Cordova boasted of six times as many. This fact gives lie to another calumny which depicts the rise of Islam as an eruption of savage fanaticism, namely, the tale of the destruction of the famous library of Alexandria. One must have a pious mind or credulous disposition to believe that those who took delight in founding and supporting such noble seats of learning, would have callously set fire to the library of Alexandria; that, those who command the gratitude of mankind for having saved its most precious patrimony, could have possibly begun by contributing to the destruction of that treasure. When dispassionate and scientific study of history dissipates legends and discredits malicious tales, the rise of Islam stands out not as a scourge but a blessing for the mankind.

While books written in the eleventh and twelfth century indignantly detail the shocking tale of the burning of the library of Alexandria, the historians Eustichius and Elmacin, both Egyptian Christians, who wrote soon after the Saracen conquest of their country, are significantly silent about the savage act. The former, a patriarch of Alexandria, could be hardly suspected of partiality to the enemies of Christianity. An order of Khalif Omar has been usually cited as evidence of the barbarous act ascribed to his general. It would have been much easier not to record that order than to suppress any historical work composed by Christian prelates who had endless possibilities of concealing their composition. A diligent examination of all relevant evidence enabled Gibbon to arrive at the following opinion on the matter: "The rigid sentence of Omar is repugnant to the sound and orthodox precept of the Mohammedan Casuits; they expressly declare that the religious books of the Jews and Christians, which are acquired by the right of war, should never be committed to the flames, and that the works of profane scientists, historians or poets, physicians or philosophers, may be lawfully applied to the use of the faithful." ("Rise and Fall of the Roman Empire").

Since history began to be written with impartial criticism, the tale of the destruction of the Alexandrian library has either been discredited or subjected to grave doubt. In any case, at the time of the Saracen conquest, the library of Alexandria had ceased to be the repository of the valuable records of Greek learning. Long before that time, Alexandria had enshrined Christian bigotry in the place of scientific knowledge and philosophical wisdom. The character of the contents of the library must have changed accordingly. The pagan scholars, driven by Christian intolerance away from the seat of ancient learning, must have carried away the treasures they valued more than all other things. If the flame was actually lit by the order of Omar, it consumed ponderous tomes of theological controversy which had done immensely more harm than good to mankind. The fire of Islam might have consumed the none too precious records of vain and futile theological disputations; but the admirable ardour the free-thinking Khalifs collected, preserved and improved the valuable records of ancient learning which had left the Alexandrian library before its useless and pernicious contents were put to the flames.

Byzantine barbarism had undone the meritorious work of the Ptolymies. The real destruction of the Alexandrian seat of learning had been the work of St. Cyril who defiled the Goddess of learning in the famous fair of Hyparia. That was already in the beginning of the fifth century. The Christian Saint would not tolerate that philosophical lectures and mathematical discourses held by a young pagan woman should be patronized by the elite of Alexandrian society, while the pious but incomprehensible sermons of the Archbishop were attended only by the rebels. If he was no match intellectually, he possessed the power to eliminate competition once for all Under his instigation, the rebels, led by a regiment of monks burning with religious frenzy, attacked the seat of Alexandrian learning and, in the name of religion, perpetrated crimes too painful to be recorded and too shameful to be remembered.

"Thus, in the four hundred and fourteenth year of our era, the position of philosophy in the intellectual metropolis of the world was determined; henceforth, science must sink into obscurity and subordination. Its public existence will no longer be tolerated. Indeed, it may be said that from this period for some centuries it altogether disappeared. The leaden mace of bigotry had struck and shivered the exquisitely tempered steel of Greek philosophy. Cyril's act passed unquestioned. It was now ascertained that throughout the Roman world, there must be no more liberty of thought.....Such assertions might answer their purposes very well so long as the victors maintained their power in Alexandria, but they manifestly are of inconvenient application after the Saracens had captured the city. For the next two dreary and weary centuries, things remained, until oppression and force were ended by foreign invaders. It was well for the world that the Arabian conquerors avowed their true argument, the scimitar, and made no pretensions to superhuman wisdom. They were thus left free to pursue knowledge without involving themselves in theological contradictions, and were able to make Egypt once more illustrious among the nations the earth,-to snatch it from the hideous fanaticism, ignorance and barbarism into which it had been plunged." (Draper, "The History of the Intellectual Development of Europe," Vol. 1, p. 325).

The works of the sages of ancient Greece were not only rescued, collected and preserved by the Arabs. They were profuse commented and improved upon. Complete works of Plato, Aristotle, Euclid, Appolonius, Ptolemy, Hyppocrates and Galen were available to the fathers of modern Europe at first only in Arabic versions, accompanied by erudite commentaries. Modern Europe learned from the Arabs not only medicine and mathematics. The science of astronomy, which widens the vision of man and reveals before him the mechanical laws of nature, was jealously cultivated by the Arabs. With the aid of new instruments of observation, Arab philosophers acquired exact knowledge about the circumference of the earth the position and number of planets. In their hand, astronomy began to outgrow its primitive form, (divinations of Astrology), cultivated more or less by the priests of all Oriental countries, and to develop into an exact science. Although algebra had been invented by Diophantus of Alexandria, it did not become an object of common study until the age of Arabic learning. As a matter of fact, the name of the science has given currency to the theory of its Arabian origin. But the Arabs themselves modestly acknowledged their indebtness to the Greek master. Botany was studied for medical purposes; yet the discovery of two thousand varieties of plants by Dioscorides represented the birth of a new science. Alchemy was a secret, jealously guarded by the priests of ancient Egypt. It was also practiced at Babylon. In a much later period, rudiments of chemistry were also known to the physicians of India. But the science of chemistry owes its origin and initial developments to the industry of the Arabs. "They first invented and named the alembic for the purposes of distillation; analyzed the substances of the three kingdoms of nature; tried the distinction and amenities of alkalis and acids; and converted the precious minerals into soft and salutary medicine." (Gibbon).

It was in the science of medicine that the Arabs made the greatest progress. Masua and Geber were worthy disciples of Galen, and substantially added to what they had learned from the great master. Avicena, born in distant Bokhara, in the tenth century, reigned in Europe as the undisputed authority of the medical science for five hundred years. The school of Salermo, until the sixteenth century, was the centre of medical learning in Europe. It owed its origin to the Saracens and taught the lessons of Avicena.

The distinctive merit of the Arab scholars was the zeal to acquire knowledge through observation. They discarded the vanity of airy speculation, and stood firmly on the ground known to them. That great merit of Arabian learning is decisively evidenced in the following view of its Doyen Averroes: "The religion peculiar to philosophers is the study of that which is; for no sublimer worship can be given to God than the knowledge of his works, which leads to the knowledge of him and his reality. That is the noblest action in His eyes; the vilest is taxing, as error and vain presumption, the efforts of those who practice this worship, and who in this religion have the purest of religions." A religion which permitted the propagation of such irreligious views, though garbed in a pious phraseology, could not have its origin in intolerance and fanaticism. For this heterodox view, the philosopher, of course, incurred the wrath of the priesthood; but much more of the Christian than the Muslim.

After a short banishment, Averroes was restituted in his position in the court of the Sultan of Andalusia, and his books survived proscription in the Islamic world. But from their Latin version, the above and similar passages were expunged. Yet, the heretic movements of Europe, during the twelfth, thirteenth and fourteenth century, drew their inspiration from the suppressed teachings of the Arab philosopher; and it was the heretic movement that shook the foundation of the Catholic Church which had held Europe in spiritual subordination throughout the middle-ages. From the twelfth century onwards, until the triumph of modern learning, Averroism was analogous to heresy in the horrified eye of Christian holiness. And it was for nothing that it was so. For, alone the passage quoted above indicated the surest point of departure for the quest of positive knowledge which eventually cleared away the debris of ignorance, sanctified as faith, and glorified as virtue on the authority of theological dogmas.

In this passage, Averroes stated the basic principle of the inductive method-the surest way to true knowledge. On the preconceived notion of a creator is set aside, and of is made to know him (as distinct from the blind faith in his existence) in his reality through the empirical knowledge of his works, that is, nature, the divine object, recedes farther and farther, until it vanishes Into nothingness,- the only demonstrable reality about his existence; and a religion which promoted that singular quest for the knowledge of God certainly represented the greatest advance of human ideology under the garb of religion. The latest of Great Religions, Islam was the greatest; and as such destroyed the basis of all religions. That is the essence of its historical significance.

The centre of Islam and Arabic learning was in those very historical regions where the older civilizations of the Egyptians, Assyrians, Jews, Persians and Greeks had arisen, clashed and fallen. The positive outcome of those earlier civilizations went into the making of the Arabian culture, and the remarkable Monotheism of Mohammad made its own the cardinal principles of the religion of those ancient peoples. It stands to the credit of the Arabian philosophers that they, for the first time, conceived the sublime idea of a common origin of all religions. Not only did they hold the view, singularly broad for the epoch, that all religions were so many efforts of the human mind to solve the great mysteries of life and nature; they went so much farther as to make the bold suggestion that the effort more reconcilable with reason was the greater, nobler and sublimer. This rationalistic view of religion attained the highest clarity in the mind of Averroes.

Thus, together with the invaluable metaphysical and scientific teachings of the sages of Athens and Alexandria, the Arabs contributed something original to the foundation of modern civilization. It was skepticism-that powerful solvent of all faith. As soon as criticism challenges credulity, a new light dawns on the perspective of human progress. A curious book, anonymously published with the title "Three Imposters", occupies a prominent place in the early history of skepticism in Europe. The credit for that scandalous composition was attributed e1ther to the heretical Christian Emperor Frederic Barbarossa, or the Muslim philosopher Averroes. The imposters were Moses, Christ and Mohammad. One of the suspected authors was a Christian and the other was a Mussulman. Religion certainly had fallen in bad days.

There had been skepticism before the thirteenth century, but no real incredulity. This doctrine and that had been disputed or rejected; but the foundation of Christian faith had never been touched. It was this foundation which was assailed when the idea was conceived that all religions have a common ground. If all religions are essentially the same, then the doctrine and dogmas peculiar to each other should be discarded as pernicious obstacles to the realization of the spiritual unity of mankind. But freed from doctrines and dogmas, religion has no leg to stand upon. Its rationalization amounts to its destruction. The revolutionary idea of the common origin of all religions was conceived for the first time by the Arab thinkers.

Although Arabian learning reached its climax in Averroes, he was but the greatest and the latest of a long succession of great thinkers and scholars who flourished from the ninth to the thirteenth century. A brief reference to the substance of the teachings of the more illustrious of them will give some idea of the revolutionary significance of the learning which owed its origin to the cardinal principle of the Mohammedan religion, and was promoted by the staggering achievements of the "Sword of God."

Having established unity, as the terrestrial reflection of their spiritual unitarianism, and promoted economic prosperity in consequence thereof, the new Islamic nation devoted itself to the culture of the mind. For a hundred years, it modestly learned from others, particularly the ancient Greeks. Thus equipped, it began to produce independent and original thought in every branch of learning.

Al Kandi was the earliest of the great Arabian philosophers. He flourished in the capital of the free-thinking Abbassides, and leaped into fame in the beginning of the ninth century. For teaching that philosophy must be based on mathematics; that is, it should cease to be idle speculation: abstract thought should be guided by precise reasoning, based on concrete facts and established laws, in order to produce positive results. The teacher of this doctrine deserves the great distinction of having anticipated Francis Bacon and Descartes by seven hundred years as a forerunner of modern philosophy. Even to-day there are many "philosophers" and scholars who' could be profited by the wisdom taught by the Saracen sage a thousand years ago.

Next to be mentioned is Al Farabi who lived in the following century, and taught at Damascus as well as Baghdad. His commentary on Aristotle was studied for centuries as an authoritative work on the subject. He also excelled in the medical science. Roger Bacon learned mathematics from him.

In the latter half of the tenth century appeared Avicena. He belonged to a rich landowning family of Bokhara engaged in prosperous trade. He wrote on mathematics and physics, but went down in history for his contributions to the medical science.

The famous medical school of Salermo was a monument to his memory, and his work was the text book of medicine throughout Europe until the sixteenth century. The great physician's philosophical views were so unorthodox that even the free-thinking Emir of Bokhara could not resist the pressure of the Imams who were scandalized by the profanity of Avicena. He had to leave the court of his patron, and traveled all over the Arabic Empire teaching medicine and preaching his philosophy at different seats of learning.

In the eleventh century lived Al Hassan who deserves a place among the greatest scientists of all ages. Optics was his special subject. Having learned it from the Greeks, he went farther than they, who corrected their mistaken notion that the rays of light issue from the eye. By anatomical and geometrical reasoning, Al Hassan proved that the rays of light came from the object seen, and impinged on the retina. There is ground for belief, held by many historians of science, that Keppler borrowed his optical views from his Arab predecessor.

In the same century also lived AI Gazali, son of an Andalusian merchant. He anticipated Descartes in reducing the standard of truth to self-consciousness. He stands out as the connecting link between the antique and modern skepticism. His memorable contribution to philosophy is better stated in his own words: "Having failed to get satisfaction from religion, I finally resolved to discard all authority, and detach myself from opinions which have been instilled in me during the unsuspecting years of childhood. My aim is simply to know the truth of things; consequently it is indispensable for me to ascertain what is knowledge. Now, it was evident to me that certain knowledge must be that which explains the object to be known in such a manner that no doubt can remain, so that in future all error and conjecture respecting it must be impossible. Thus, once I have acknowledged ten to be more than three, if anyone were to say: "On the contrary, three is more than ten; and to prove my, assertion I will change this stick into a serpent; and if he actually did the miracle, still my conviction of his error would remain unshaken. His maneuver would only produce in me admiration for his ability, but I should not doubt my own knowledge."

The principle of acquiring exact knowledge, stated nearly a thousand years ago, by the Muslim savant, still holds as good as then; and the scientific outlook which makes such knowledge possible, is still comparatively rare among the Indians, who even in these days of the twentieth century allow themselves to be imposed by feats of magic and "spiritual" charlatanism, and credit these as serious challenge to the reliability of scientific knowledge.

Al Gazali held that knowledge could not possess such mathematical exactness unless it were acquired empirically, and governed by irrefragable laws established by experience. He was of the opinion that incontestable conviction could be acquired only through sense perceptions, and necessary truth, that is, casualty. In reason (self-consciousness) he found the judge of the correctness of the perception of senses. One is amazed to find such unique boldness of thought in the atmosphere of a religion generally believed to be the most intolerant and fanatical. Yet, AI Gazali's skepticism was avidly studied throughout the Muslim world of his tine. His place in the history of philosophy can be judged from the opinion of the famous French Orientalist Renan, who thought that the father of modern skepticism, Hume, did not say anything more than what had been said by the Arab philosopher who preceded him by seven hundred years. The immensity of the historical significance of Al Gazali's views is appreciated still more clearly when we remember that it was skepticism of Hume which gave impetus to Kant's "all shattering critical philosophy" that laid a cruel axe at the root of all speculative thought. But AI Gazali's views were a long way ahead of time. Experimental science, as he visualized, was not yet possible. In the absence or infancy of technology, the nature of objects could not be as mathematically ascertained as the philosophers wished. Therefore, in his later years, AI Gazali fell into mysticism; but his fall was not more strikingly inglorious than of Kant. Objective drawbacks clipped the intrepid wings of the soaring spirit of the Arab thinker; whereas subjective predilection of class interest overwhelmed the critical genius of Kant.

Abubakr, who lived in the twelfth century, was the first astronomer to reject the Ptolemic notion regarding the position of heavenly bodies. He conceived of a planetary system, and celestial motion which tended towards the epoch-making discoveries of Giordano Bruno, Galileo and Copernicus. It is recorded that "in his systems all movements were verified, and therefore no error resulted." Abubakr dies before having set forth his theory in a complete treatise. His pupil, AI Phetragius, popularized his teaching that all planetary bodies moved regularly. Throughout the middle-ages, the hypothesis was valued as a –great contribution to astronomical knowledge. The teachings of a Muslim philosopher, which upset the biblical view of the universe, penetrated the Christian monasteries. Not only Roger Bacon, but his illustrious opponent, Albertus Magnus, also acknowledged the indebtedness to the astronomical work of Al Phetragius in which Abubakr's views on planetary movement were expounded.

The basic principle of the philosophy of Averroes, the greatest and the latest of the great Arabian thinkers, have already been outlined. He lived at the turning point of the history of the Islamic culture. By the twelfth century, the pinnacle had been reached, and the forces of reaction had gathered strength to overwhelm those of progress. Islamic culture was already on the decline.

The freedom of thought permitted by the simple faith of a nomadic people, had attained such soaring heights of boldness as eventually clashed with the temporal interests of the "Commanders of the Faithful." When the positive outcome of Islamic thought, developed so marvelously during five hundred years, was summarized in the highly revolutionary dictum of Averroes that reason is the only source of truth, Sultan Al Masur of Cordova, under the pressure of the priests, issued an edict condemning such heretical views to hell-fire, on the authority of religion. The denunciation of the noblest product of Islam naturally marked the beginning of its degeneration from a powerful lever of human progress to an instrument of reaction, intolerance, ignorance and prejudice. Having played out its historic role-to rescue the precious patrimony of ancient culture out of the engulfing ruins of two Empires and the blinding darkness of two religions-Islam turned traitor to its original self, and became the black banner of Turkish barbarism and of the depredations of the Mongolian herds.

Islam disowned its own. Averroes was driven away from the court of Cordova-the home of free thought for centuries. His books were condemned to the flames, if not actually of fire, to those of the more merciless sacerdotal reaction. Rationalism came to be identified with heresy. The very names of Averroes and his master, Aristotle, became anathema. In course of time, reaction triumphed so completely that for an orthodox Mohammedan, philosophy stood for "infidelity, impiety, and immorality." But the standard of spiritual progress, admirably held high, and boldly carried forward by the Arabs during five hundred years, could not be lowered and trampled under the fury of vain religiosity any more successfully by Islamic intolerance than previously by Christian piety and superstition. Averroes was disowned by his own people, only to be enthroned by those to whom belonged the future. The fierce contest between Faith and Reason, between despotic ignorance and freedom of thought, which rocked Europe and shook the foundation of the Catholic Church from the twelfth century onwards, drew inspiration from the teachings of the Arab philosophers. Averroes and Averroism dominated the scientific thought of Europe for four hundred years.

Chapter 7 : Islam and India

ALTHOUGH Islam came to India after it had played out its progressive role, and its leadership had been wrested from the learned and cultured Arabs, the revolutionary principles of the days of its origin and ascendancy were still inscribed on its flag; and a critical study of history might reveal that the Muslim conquest of India was facilitated by similar native factors as In the case of Persia and the Christian countries. No great people, with a long history and old cIv1lIsatIon, can ever succumb easily to a foreign invasion, unless the invaders command the sympathy and acquiescence, If not active support, of the masses of the conquered people. Brahmanical orthodoxy having overwhelmed the Buddhist revolution, India of the eleventh and twelfth centuries must have been infested with multitudes of persecuted heretics who would eagerly welcome the message of Islam.

Mohammad Ibn Kassim conquered Sindh with the active assistance of the Jats and other agricultural communities oppressed by the Brahman rulers. Having conquered the country, he followed the policy of the early Arab conquerors. "He employed the Brahmans in pacifying the country by taking them into confidence. He allowed them to repair their temples and to follow their own religion as before, placed the collection of revenue in their hands, and employed them in continuing the traditional system of local administration." (Elliot, "History of India) when even the Brahmans, some of them at any rate, were prepared to go over to the side of the mlechha conquerors, the social conditions of the country could not be very normal. Evidently, society was in such a disintegrated and chaotic state as to make the position even of the most privileged class insecure. That is usually the result of counter-revolution. A revolution may be defeated by a combination of forces; but that does not enable the triumphant forces of reaction to remove the causes of social disintegration which brought about the revolution. In India, the Buddhist revolution was not defeated; it was miscarried owing to its internal weakness. Social forces were not sufficiently mature to carry the revolution to victory. Consequently, after the downfall of Buddhism, the country found itself in a worse state of economic ruin, political oppression, intellectual anarchy and spiritual chaos. Practically, the entire society was involved in that tragic process of decay and decomposition. That is why not only the oppressed masses readily rallied under the banner of Islam which offered them social equality if not political liberty; even the upper classes offered their services to the foreign aggressor out of selfish motives. That shows that, while the masses were in a state of despair, the upper classes were thoroughly demoralized.

As regards the spread of Islam in India, an ardent admirer of ancient Hindu culture like Havell, who cannot be suspected of any sympathy or even fairness to the Muslims, gives the following highly interesting testimony: "Those who did so (embraced Islam) acquired all the rights of a Musalman citizen in the law courts, where the Quran and not Aryan law and custom decided dispute in all cases. This method of proselytism was very effective among the lower castes of Hindus, specifically among those who suffered from the severity of Brahmanical Jaw with regard to the 'impure' classes,� ("Aryan Rule in India.")

This is certainly not a very complimentary remark wrung from a firm believer in the perfection of Brahmanical law. In any ease, it is clear that In the time of Mohammedan conquest, there lived In India multitudes of people who had little reason to be faithful to Hindu laws and the traditions of Brahman orthodoxy, and were ready to forsake that heritage for the more equitable laws of Islam which offered them protection against the tyranny of triumphant Hindu reaction.

In another place, Havell chooses to deco precate the spiritual values of the teaching of the Arabian Prophet. But at the same time makes a very significant statement regarding the spread of those teachings in India. “It was not the philosophy of Islam but its sociological program, which won so many converts for It in India." Of course, for the masses philosophy has no appeal. They are always attracted by a “sociological program" which offers them something better than the given conditions of their life. And a bad philosophy, that to say, a reactionary outlook of life, cannot be associated with a sociological program which secures the support of the downtrodden masses. If the sociological program of Islam found support of the Indian masses, it was because the philosophy behind that program was better than the Hindu philosophy which had been responsible for the social chaos from which Islam showed a way out for the masses of the Indian people. By the above statement, Havell admits that even in the thirteenth and fourteenth centuries, when Islam was winning adherence in India, it had not altogether played out its social-revolutionary role, and that it was by virtue of its social revolutionary character that it struck So deep a root in India. That is to say even in its days of degeneration and decay, Islam represented spiritual, ideological and social progress in relation to Hindu conservatism.

Havell is a famous eulogist of Indo-European culture which he considers to be the noblest product of the creative genius of man. On the other hand, he has bitter antipathy for the Muslims. His opinion cannot be dismissed as biased against the Hindus. As a matter of fact, his bias is entirely on the Bide of the Hindus. So, if even a historian like him found distasteful things happening in India in the past, conditions were very deplorable indeed. He writes: "But the victorious progress of Islam in India Is not to be accounted for by external reasons. It was mainly due to the political degeneration of Aryavarta which set in after the death of Harsha... The social program of the Prophet… Gave every true believer an equal spiritual status made Islam a political and social synthesis and gave it an imperial mission… Islam was a rule of life sufficient for the happiness of average humanity content to take the world as it is. Islam reached the zenith of its political strength at the critical period when the conflict between Buddhist philosophy and that of orthodox Brahaminism was a potent cause of political dissension in northern India." (Ibid).

King Harshavardhan died in the middle f the seventh century. Thus, the political disintegration of India was a process parallel o the rise of Islam. The death of a king, however great, does not mark the turning point of history. The process had been going on for many centuries. The Buddhist revolution arrested it for a time, only to be aggravated, accentuated and accelerated on its defeat. Indeed, the monastic degeneration of Buddhism and its disintegrating influence on the entire Indian society greatly helped the Muslim conquest just as Chr1stia~ monasticism had done elsewhere.

Commenting on Mahmud of Guzni's invasions, Havell further writes: "The almost invariable success of his arms added immensely to his prestige and brought Islam many adherents among the uncultured warrior classes of the North-Western Provinces to whom fighting was a religion and victory in the field the highest proof of inspiration." (Ibid). Mahmud's exploit could not but deal a staggering blow to the faith in the divinity of the shrines where the Indians had brought their offerings from times immemorial. Consequently, the religious feeling which found expression in the worship at the shrines, and the faith in their presiding deities were rudely shocked and inevitably shaken. In such circumstances, "religious feelings' and spiritual instincts" induced the masses to transfer their devotion 1rom the gods of demonstrated impotence to the more mighty one, the belief in, and worship for whom, incidentally, was rewarded so magnificently. For ages, millions had believed in the supernatural power of the gods worshipped at the famous temples of Thaneswar, Muttra, Somnath etc. The priests of those temples had amassed fabulous riches at the expense of the believing multitude by virtue of their pretensions to the ability of invoking the protection of the powerful divinities. Suddenly, the whole venerable structure of belief and tradition collapsed like a house of cards under the cruel blow of the invading Infidel. When Mahmud's hosts approached, the priests told the people that the invaders would be devoured by the fiery wrath of the gods. The people confidently expected a miracle which failed to happen. Indeed, it was performed by the God of the Invader. Being based upon miracle, faith necessarily is transferred to the most miraculous. Judged by all the traditional standards of religion. Those who embraced Islam at that crisis were the most religious.

A critical Investigation of the Internal as well as the external causes of the Muslim conquest of India is of practical value today. It will remove the prejudice that makes the orthodox Hindu look upon his Muslim neighbor as an Inferior being. Freed from preconceived ideas, the Hindus will be in a position to appreciate the constructive consequences of the Muslim conquest of India. That will enable them to live down the hatred of the conquered for the conquerors. Unless a radical change of attitude 18 brought about by a sober sense of history, the communal question w1ll never be solved. The Hindus w1ll never be able to look upon the Muslims as integral parts of the Indian nation until they come to appreciate the contribution they made towards the emergence of Indian society out of the chaos caused by the breakdown of the antique civ1l1sation. Besides, a proper understanding of history derived from a correct understanding of the successful advent of the Muslims in India will enable us to ascertain and stamp out the deeper causes of our present misfortune.

On the other hand, few Muslims of our days may be conscious of the glorious role played on the stage of history by the faith they profess. Many may disown and repudiate the rationalism and skepticism of the Arabs as deviations from the teachings of the Koran. But Islam occupies a memorable place in history thanks rather to its original-unorthodoxy and irreligiosity made evident by the Arab philosophers, than to the later growth of a reactionary priesthood or to the barbarous fanaticism of the Tartar converts. Islam had played out its progressive role before it penetrated India. Its nag was planted on the banks of the Indus and the Ganges not by revolutionary Saracen heroes, but by Persians demoralized by luxury and the barbarians of Central Asia who had embraced Islam, both had subverted the Arab Empire-that magnificent monument to the memory of Mohammad. Still, it was welcomed as a message of hope and freedom by the multitudinous victims of the Brahmanical reaction which had overthrown the Buddhist revolution and had consequently thrown the Indian society in a state of chaos. Neither the Persians nor the Mogul conquerors of India were entirely devoid of the traditional nobility, toleration and liberalism of the Saracen heroes. The very fact that comparatively small bands or predatory invaders from distant lands could make themselves the rulers of a vast country for such a long time, and their alien faith found millions of converts, proves that they did satisfy certain objective requirements of the Indian society. Even when much of its original revolutionary fervor had been overwhelmed by reaction. Islam still exercised certain revolutionary influence on the Hindu society. The Mohammedan power was consolidated in India not so much by the valour of the invaders' arms as owing to the propagation of the Islamic faith and the progressive significance of Islamic laws.

Even the fiercely fanatical anti-Muslim Havell grudgingly admits...The e1fect of the Mussalman political creed upon Hindu social life was twofold: It increased the rigor of the caste system and aroused a revolt against it. The alluring prospect which it held out to the lower strata of Hindu society was as tempting as it was to the Beduins of the desert "(It) made the Sudra a free man and potentially a lord of the Brahmans. Like the Renaissance of Europe, it stirred up the intellectual waters, produced many strong men, and some men of striking originality of genius. Like the Renaissance also, it was essentially a city cult; it made the nomads leave his tent and the Sudra abandon his village. It developed a type of humanity full of joie de vivre. ..." ('.Aryan Rule in India").

To the above highly illuminating statement, it may only be added that the rise of reformers like Kabir, Nanak, Tukaram, Chaitanya, etc. who evidenced a popular revolt against Brahmanical orthodoxy, was to a great extent promoted by the social ecects of Mohammedan conquest.

In view of this realistic reading of history, Hindu superciliousness towards the religion and culture of the Muslims is absurd. It insults history and injures the political future of our country. Learning from the Muslims, Europe became the leader of modem civilization. Even to-day, her best sons are not ashamed of the past indebtedness. Unfortunately, India could not be fully benefited by the heritage of Islamic culture, because she did not deserve the distinction. Now, in the throes of a belated Renaissance, Indians, both Hindus and Muslims, could profitably draw inspiration from that memorable chapter of human history. Knowledge of Islam's contribution to human cultured and proper appreciation of the historical value of that contribution would shock the Hindus out of their arrogant self-satisfaction, and cure the narrow-mindedness of the Muslims of our day by bringing them face to face with the true spirit of the faith they profess.

Introduction

Very little is known about the authoress of this interesting book. She is reticent about the affairs of her husband and of herself, and inquiries recently made at Lucknow, at the India Office, and in other likely quarters in England, have added little to the scanty information we possess about her.

The family of her husband claimed to be of Sayyid origin, that is to say, to be descended from the martyrs, Hasan and Husain, the sons of Fatimah, daughter of the Prophet, by her marriage with her cousin-german, ’Ali. The father-in-law of the authoress, Mir Haji Shah, of whom she speaks with affection and respect, was the son of the Qazi, or Muhammadan law-officer, of Ludhiana, in the Panjab. During his boyhood the Panjab was exposed to raids by the Mahrattas and incursions of the Sikhs. He therefore abandoned his studies, wandered about for a time, and finally took service with a certain Raja�­where she does not tell us�­who was then raising a force in expectation of an attack by the Sikhs. He served in at least one campaign, and then, while still a young man, made a pilgrimage thrice to Mecca and Kerbela, which gained him the title of Haji, or pilgrim. While he was in Arabia he fell short of funds, but he succeeded in curing the wife of a rich merchant who had long suffered from a serious disease. She provided him with money to continue his journey. He married under romantic circumstances an Arab girl named Fatimah as his second wife, and then went to Lucknow, which, under the rule of the Nawabs, was the centre in Northern India of the Shi’ah sect, to which he belonged. Here he had an exciting adventure with a tiger during a hunting party, at which the Nawab, Shuja-ud-daula, was present. He is believed to have held the post of Peshnamaz, or ’leader in prayer’, in the household of the eunuch, Almas ’Ali Khan, who is referred to by the authoress.

His son was Mir Hasan ’Ali, the husband of the authoress. The tradition in Lucknow is that he quarrelled with his father and went to Calcutta, where he taught Arabic to some British officers and gained a knowledge of English. We next hear of him in England, when in May 1810 he was appointed assistant to the well-known oriental scholar, John Shakespear, professor of Hindustani at the Military College, Addiscombe, from 1807 to 1830, author of a dictionary of Hindustani and other educational works. Mention is made of two cadets boarding with Mir Hasan ’Ali, but it does not appear from the records where he lived. After remaining at the College for six years he resigned his appointment on the ground of ill-health, with the intention of returning to India. He must have been an efficient teacher, because, on his resignation, the East India Company treated him with liberality. He received a gift of £50 as a reward for his translation of the Gospel of St. Matthew, and from the Court minutes it appears that on December 17, 1816, it was resolved to grant him 100 guineas to provide his passage and £100 for equipment. Further, the Bengal Government was instructed to furnish him on his arrival with means to reach his native place, and to pay him a pension of Rs. 100 per mensem for the rest of his life.[1]

A tradition from Lucknow states that he was sent to England on a secret mission, ’to ask the Home authorities to accept a contract of Oudh direct from Nasir-ud-din Haidar, who was quite willing to remit the money of contract direct to England instead of settling the matter with the British Resident at Lucknow’. It is not clear what this exactly means. It may be that the King of Oudh, thinking that annexation was inevitable, may have been inclined to attempt to secure some private arrangement with the East India Company, under which he would remain titular sovereign, paying a tribute direct to the authorities in England, and that he wished to conduct these negotiations without the knowledge of the Resident at Lucknow. There does not seem to be independent evidence of this mission of Mir Hasan ’Ali, and we are told that it was, as might have been expected, unsuccessful.

No mention is made of his wife in the official records, and I have been unable to trace her family name or the date and place of her marriage. Mir Hasan ’Ali and his wife sailed for Calcutta, and travelled to Lucknow via Patna. She tells little of her career in India, save that she lived there for twelve years, presumably from 1816 to 1828, and that eleven years of that time were spent in the house of her father-in-law at Lucknow. In the course of her book she gives only one date, September 18, 1825, when her husband held the post of Tahsildar, or sub-collector of revenue, at Kanauj in the British district of Farrukhabad. No records bearing on his career as a British official are forthcoming. Another Lucknow tradition states that on his arrival at the Court of Oudh from England he was, on the recommendation of the Resident, appointed to a post in the King’s service on a salary of Rs. 300 per annum. Subsequently he fell into disgrace and was obliged to retire to Farrukhabad with the court eunuch, Nawab Mu’tamad-ud-daula, Agha Mir.

With the restoration of Agha Mir to power, Hasan ’Ali returned to Lucknow, and was granted a life pension of Rs. 100 per mensem for his services as Darogha at the Residency, and in consideration of his negotiations between the King and the British Government or the East India Company.

From the information collected at Lucknow it appears that he was known as Mir Londoni, ‘the London gentleman’, and that he was appointed Safir, or Attaché, at the court of King Ghazi-ud-din Haidar, who conferred upon him the title of Maslaha-ud-daula, ’Counsellor of State’. By another account he held the post of Mir Munshi, head native clerk or secretary to the British Resident.

One of the most influential personages in the court of Oudh during this period was that stormy petrel of politics, Nawab Hakim Mehndi. He had been the right-hand man of the Nawab Sa’adat Ali, and on the accession of his son Ghazi-ud-din Haidar in 1814 he was dismissed on the ground that he had incited the King to protest against interference in Oudh affairs by the Resident, Colonel Baillie. The King at the last moment became frightened at the prospect of an open rupture with the Resident. Nawab Hakim Mehndi was deprived of all his public offices and of much of his property, and he was imprisoned for a time. On his release he retired into British territory, and in 1824 he was living in magnificent style at Fatehgarh. In that year Bishop Heber visited Lucknow and received a courteous letter from the Nawab inviting him to his house at Fatehgarh. He gave the Bishop an assurance ’that he had an English housekeeper, who knew perfectly well how to do the honours of his establishment to gentlemen of her own nation. (She is, in fact, a singular female, who became the wife of one of the Hindustani professors at Hertford, now the Hukeem’s dewan,[2] and bears, I believe, a very respectable character.)’ The authoress makes no reference to Hakim Mehndi, nor to the fact that she and her husband were in his employment.

The cause of her final departure from India is stated by W. Knighton in a highly coloured sketch of court life in the days of King Nasir-ud-daula, The Private Life of an Eastern King, published in 1855. ’Mrs. Meer Hassan was an English lady who married a Lucknow noble during a visit to England. She spent twelve years with him in India, and did not allow him to exercise a Moslem’s privilege of a plurality of wives. Returning to England afterwards on account of her health, she did not again rejoin him.’[3] The jealousy between rival wives in a polygamous Musalman household is notorious. ’A rival may be good, but her son never: a rival even if she be made of dough is intolerable: the malice of a rival is known to everybody: wife upon wife and heartburnings’�­such are the common proverbs which define the situation. But if her separation from her husband was really due to this cause, it is curious that in her book she notes as a mark of a good wife that she is tolerant of such arrangements. ’She receives him [her husband] with undisguised pleasure, although she has just before learned that another member has been added to his well-peopled harem. The good and forbearing wife, by this line of conduct, secures to herself the confidence of her husband, who, feeling assured that the amiable woman has an interest in his happiness, will consult her and take her advice in the domestic affairs of his children by other wives, and even arrange by her judgement all the settlements for their marriages, &c. He can speak of other wives without restraint�­for she knows he has others�­and her education has taught her that they deserve her respect in proportion as they contribute to her husband’s happiness.’[4]

It is certainly noticeable that she says very little about her husband beyond calling him in a conventional way ‘an excellent husband’ and ’a dutiful, affectionate son’. There is no indication that her husband accompanied her on her undated visit to Delhi, when she was received in audience by the King, Akbar II, and the Queen, who were then living in a state of semi-poverty. She tells us that they ’both appeared, and expressed themselves, highly gratified with the visit of an English lady, who could explain herself in their language without embarrassment, or the assistance of an interpreter, and who was the more interesting to them from the circumstance of being the wife of a Syaad’.[5]

From inquiries made at Lucknow it has been ascertained that Mir Hasan ’Ali had no children by his English wife. By one or more native wives he had three children: a daughter, Fatimah Begam, who married a certain Mir Sher ’Ali, of which marriage one or more descendants are believed to be alive; and two sons, Mir Sayyid ’Ali or Miran Sahib, said to have served the British Government as a Tahsildar, whose grandson is now living at Lucknow, and Mir Sayyid Husain, who became a Risaldar, or commander of a troop, in one of the Oudh Irregular Cavalry Regiments. One of his descendants, Mir Agha ’Ali Sahib, possesses some landed property which was probably acquired by the Risaldar. After the annexation of Oudh Mir Hasan ’Ali is said to have been paid a pension of Rs. 100 per mensem till his death in 1863.

It is also worthy of remark that she carefully avoids any reference to the palace intrigues and maladministration which prevailed in Oudh during the reigns of Ghazi-ud-din Haidar and Nasir-ud-din Haidar, who occupied the throne during her residence at Lucknow. She makes a vague apology for the disorganized state of the country: ’Acts of oppression may sometimes occur in Native States without the knowledge even, and much less by the command of, the Sovereign ruler, since the good order of the government mainly depends on the disposition of the Prime Minister for the time being’[6]�­a true remark, but no defence for the conduct of the weak princes who did nothing to suppress corruption and save their subjects from oppression.

Little is known of the history of Mrs. Mir Hasan ’Ali after her arrival in England. It has been stated that she was attached in some capacity to the household of the Princess Augusta, who died unmarried on September 22, 1840.[7] This is probable, because the list of subscribers to her book is headed by Queen Adelaide, the Princess Augusta, and other ladies of the Royal Family. She must have been in good repute among Anglo-Indians, because several well-known names appear in the list: H.T. Colebrooke, G.C. Haughton, Mordaunt Ricketts and his wife, and Colonel J. Tod.

The value of the book rests on the fact that it is a record of the first-hand experiences of an English lady who occupied the exceptional position of membership of a Musalman family. She tells us nothing of her friends in Lucknow, but she had free access to the houses of respectable Sayyids, and thus gained ample facilities for the study of the manners and customs of Musalman families. Much of her information on Islam was obtained from her husband and his father, both learned, travelled gentlemen, and by them she was treated with a degree of toleration unusual in a Shi’ah household, this sect being rigid and often fanatical followers of Islam. She was allowed to retain a firm belief in the Christian religion, and she tells us that Mir Haji Shah delighted in conversing on religious topics, and that his happiest time was spent in the quiet of night when his son translated to him the Bible as she read it.[8]

Her picture of zenana life is obviously coloured by her frank admiration for the people amongst whom she lived, who treated her with respect and consideration. It is thus to some extent idyllic. At the same time, it may be admitted that she was exceptionally fortunate in her friends. Her sketch may be usefully compared with that of Mrs. Fanny Parks in her charming book, The Wanderings of a Pilgrim in Search of the Picturesque.

Mrs. Parks had the advantage of having acquired a literary knowledge of Hindustani, while Mrs. Mir Hasan ’Ali, to judge from the way in which she transliterates native words, can have been able to speak little more than a broken patois, knew little of grammar, and was probably unable to read or write the Arabic character. Colonel Gardner, who had wide and peculiar experience, said to Mrs. Parks: ’Nothing can exceed the quarrels that go on in the zenana, or the complaints the begams make against each other. A common complaint is “Such a one has been practising witchcraft against me�. If the husband make a present to one wife, if it be only a basket of mangoes, he must make the same exactly to all the other wives to keep the peace. A wife, when in a rage with her husband, if on account of jealousy, often says, “I wish I were married to a grass-cutter,� i.e. because a grass-cutter is so poor that he can only afford to have one wife.’[9] Mrs. Parks from her own experience calls the zenana ’a place of intrigue, and those who live within four walls cannot pursue a straight path; how can it be otherwise, when so many conflicting passions are called forth?’[10] She adds that ’Musalmani ladies generally forget their learning when they grow up, or they neglect it. Everything that passes without the four walls is repeated to them by their spies; never was any place so full of intrigue, scandal, and chit-chat as a zenana.’[11] When she visited the Delhi palace she remarks: ’As for beauty, in a whole zenana there may be two or three handsome women, and all the rest remarkably ugly.’[12] European officers at the present day have no opportunities for acquiring a knowledge of the conditions of zenana life; but from the rumours that reach them they would probably accept the views of Mrs. Parks in preference to those of Mrs. Mir Hasan ’Ali.

Though her opinions on the life of Musalman ladies is to some extent open to criticism, and must be taken to apply only to the exceptional society in which she moved, her account of the religious feasts and fasts, the description of the marriage ceremonies and that of the surroundings of a native household are trustworthy and valuable. Some errors, not of much importance and probably largely due to her imperfect knowledge of the language, have been corrected in the notes of the present edition. It must also be understood that her knowledge of native life was confined to that of the Musalmans, and she displays no accurate acquaintance with the religion, life or customs of the Hindus. The account in the text displays a bias in favour of the Shi’ah sect of Musalmans, as contrasted with that of the Sunnis. For a more impartial study of the question the reader is referred to Sir W. Muir, Annals of the Early Caliphate, The Caliphate, and to Major R.D. Osborn, Islam under the Khalifs of Baghdad.

[1] Col. H.M. Vibart, Addiscombe, pp. 39, 41, 42.

[2] Diwan, chief agent, manager.

[3] p. 208.

[4] p. 182.

[5] p. 290.

[6] p. 227.

[7] Calcutta Review, ii. 387.

[8] pp. 80, 422.

[9] Vol. i, pp. 230, 453.

[10] i. 391.

[11] i. 450.

[12] ii. 215.

Introductory Letter

Actuated by a sense of duty to the people with whom twelve years of my life were passed on terms of intimacy and kindness, I was induced to write the principal number of the following Letters as faithful sketches of the Manners, Customs, and Habits of a people but little known to the European reader. They were at first designed merely for the perusal of private friends; who, viewing them with interest, recommended my bringing them before the public, considering that the information they contained would be acceptable from its originality, as presenting a more familiar view of the opinions and the domestic habits of the Mussulmaun community of Hindoostaun than any hitherto presented through other channels.

I have found (and I believe many will coincide with me in the opinion) that it is far easier to think with propriety than to write our thoughts with perspicuity and correctness; but when the object in view is one which conscience dictates, the humblest effort of a female pen advances with courage; and thus influenced, I venture to present my work to the public, respectfully trusting they will extend their usual indulgence to a first attempt, from the pen of a very humble scribe, more solicitous for approbation than applause.

The orthography of Asiatic words may differ in some instances in my pages from those of other writers�­this, however, is from error, not design, and may be justly attributed to my own faulty pronunciation.

I have inserted in these Letters many anecdotes and fables, which at the first view, may be considered as mere nursery tales. My object, however, will I trust plead my excuse: they are introduced in order to illustrate the people whom I have undertaken to describe; and, primarily strengthened by the moral tendency of each anecdote or fable selected for my pages, I cannot but consider them as well suited to the purpose.

Without farther apology, but with very great deference, I leave these imperfect attempts to the liberality of my readers, acknowledging with gratitude the condescending patronage I have been honoured with, and sincerely desiring wherever anticipations of amusement or information from my observations have been formed, that the following pages may fulfil those expectations, and thus gratify my wish to be in the smallest degree useful in my generation.

[B. Meer Hassan ali]
OBSERVATIONS, ETC.

LETTER 01

Introductory Remarks.�­The characteristic simplicity of manners exhibited in Native families.�­Their munificent charity.�­The Syaads.�­Their descent, and the veneration paid to them.�­Their pride of birth.�­Fast of Mahurrum.�­Its origin.�­The Sheahs and Soonies.�­Memorandum of distances.�­Mount Judee (Judea), the attributed burying-place of Adam and Noah.�­Mausoleum of Ali.�­The tomb of Eve.�­Meer Hadjee Shaah.

I have promised to give you, my friends, occasional sketches of men and manners, comprising the society of the Mussulmauns in India. Aware of the difficulty of my task, I must entreat your kind indulgence to the weaknesses of a female pen, thus exercised for your amusement, during my twelve years’ domicile in their immediate society.

Every one who sojourns in India for any lengthened period, will, I believe, agree with me, that in order to promote health of body, the mind must be employed in active pursuits. The constitutionally idle persons, of either sex, amongst Europeans, are invariably most subject to feel distressed by the prevailing annoyances of an Indian climate: from a listless life results discontent, apathy, and often disease. I have found, by experience, the salutary effects of employing time, as regards, generally, healthiness of body and of mind. The hours devoted to this occupation (tracing remarks for the perusal of far distant friends) have passed by without a murmur or a sigh, at the height of the thermometer, or the length of a day during the season of hot winds, or of that humid heat which prevails throughout the periodical rains. Time flies quickly with useful employment in all places; in this exhausting climate every one has to seek amusement in their own resources, from sunrise to sunset, during which period there is no moving from home for, at least, eight months out of the twelve. I have not found any occupation so pleasant as talking to my friends, on paper, upon such subjects as may admit of the transfer for their acceptance�­and may I not hope, for their gratification also?

The patriarchal manners are so often pictured to me, in many of the every-day occurrences exhibited in the several families I have been most acquainted with in India, that I seem to have gone back to that ancient period with my new-sought home and new friends. Here I find the master and mistress of a family receiving the utmost veneration from their slaves and domestics, whilst the latter are permitted to converse and give their opinions with a freedom (always respectful), that at the first view would lead a stranger to imagine there could be no great inequality of station between the persons conversing. The undeviating kindness to aged servants, no longer capable of rendering their accustomed services; the remarkable attention paid to the convenience and comfort of poor relatives, even to the most remote in consanguinity; the beamings of universal charity; the tenderness of parents; and the implicit obedience of children, are a few of those amiable traits of character from whence my allusions are drawn, and I will add, by which my respect has been commanded. In their reverential homage towards parents, and in affectionate solicitude for the happiness of those venerated authors of their existence, I consider them the most praiseworthy people existing.

On the spirit of philanthropy exhibited in their general charity, I may here remark, that they possess an injunction from their Lawgiver, ’to be universally charitable’.[1] This command is reverenced and obeyed by all who are his faithful followers. They are persuaded that almsgiving propitiates the favour of Heaven, consequently this belief is the inducing medium for clothing the naked, feeding the hungry, supporting the weak, consoling the afflicted, protecting the fatherless, sheltering the houseless traveller, and rendering the ear and the heart alive to the distresses of the poor in all situations. A good Mussulmaun never allows the voice to pass unheeded where the suppliant applies, ’In the name of God’, or ‘For the love of God’.

I have often been obliged to hear the Mussulmauns accused of an ostentatious display of their frequent acts of charity. It may be so in some instances; human nature has failings common to all complexions. Pride may sometimes open the purse of the affluent to the poor man’s petition; but when the needy benefit by the rich, it is unjust to scrutinize the heart’s motive, where the act itself alleviates the present sufferings of a fellow-creature.

Imposition is doubtless often practised with success by the indolent, who excite the good feelings of the wealthy by a tale of woe; the sin rests with him who begs unworthily, not with him who relieves the supposed distresses of his poorer neighbour. The very best of human beings will acknowledge they derive benefits from the bounty of their Maker, not because they are deserving, but that ‘He is merciful’.

I shall have occasion to detail in my Letters some of the Mussulmaun observances, festivals, &c., which cannot be accomplished without feeding the poor; and, in justice to their general character, be it acknowledged, their liberality is not confined to those stated periods.

The Syaads[2] (Meers[3]) are descendants from Mahumud, the acknowledged Prophet and Lawgiver of the Mussulmauns; and, as might be expected, are peculiar objects of respect and favour amongst the true believers (as those who hold their faith are designated). ‘The poor Syaad’s family’ are the first to be considered when the rich have determined on dispensing gifts in charity. The Syaads, however, are under peculiar restrictions as regards the nature of those gifts which they are permitted to accept. Money obtained by unlawful means, as forbidden in the Khoraun[4] (usury for instance[5]), is deemed polluted, and must neither be offered to, nor accepted by, these ‘children of the Prophet’.

The Syaads are the Lords of Mussulmaun society, and every female born to them is a Lady (Begum[6]). Heralds’ offices they have none, but genealogy is strictly kept in each Mussulmaun family, who can boast the high privilege of bearing the Prophet’s blood in their veins. The children of both sexes are taught, from the time of their first speaking intelligibly, to recount their pedigree, up to Hasan, or Hosein, the two sons of Ali, by his cousin Fatima, the daughter of their Prophet: this forms a striking part of their daily education, whilst they continue in their mother’s zeenahnah[7] (lady’s apartment); and, from the frequent repetition, is so firmly fixed in the memory, that they have no difficulty in tracing their pedigree whenever called upon to do so, unaided by the manuscript genealogy kept with care in the parental treasury.

This method of retaining lineage is not always a check against impostors; many have taken upon themselves the honourable distinction of the Syaad, without having the slightest claim to the title; but when the cheat is discovered such persons are disgraced, and become aliens to the respectable. So many advantages are enjoyed by Syaads, that it is not surprising there should be some, which have no right, anxious to be numbered with those who are truly the Mussulmaun lords; though such men are taught to believe that, by the usurpation, they shut themselves out from the advantages of their Prophet’s intercession at the great day of judgment.

The Syaads are very tenacious in retaining the purity of their race unsullied, particularly with respect to their daughters; a conscientious Syaad regards birth before wealth in negotiations for marriage: many a poor lady, in consequence of this prejudice, lives out her numbered days in single blessedness, although�­to their honour be it told�­many charitably disposed amongst the rich men of the country have, within my recollection of Indian society, granted from their abundance sufficient sums to defray the expenses of a union, and given the marriage portion, unsolicited, to the daughters of the poorer members of this venerated race. A Syaad rarely speaks of his pecuniary distresses, but is most grateful when relieved.

I am intimately acquainted with a family in which this pride of birth predominates over every advantage of interest. There are three unmarried daughters, remarkable for their industrious habits, morality, and strict observance of their religious duties; they are handsome, well-formed women, polite and sensible, and to all this they add an accomplishment which is not by any means general amongst the females of Hindoostaun, they have been taught by their excellent father to read the Khoraun in Arabic�­it is not allowed to be translated,[8]�­and the Commentary in Persian. The fame of their superiority has brought many applications from the heads of families possessing wealth, and desirous to secure for their sons wives so eminently endowed, who would waive all considerations of the marriage dowry, for the sake of the Begum who might thus adorn their untitled house. All these offers, however, have been promptly rejected, and the young ladies themselves are satisfied in procuring a scanty subsistence by the labour of their hands. I have known them to be employed in working the jaullie[9] (netting) for courties[10] (a part of the female dress), which, after six days’ close application, at the utmost could not realize three shillings each; yet I never saw them other than contented, happy, and cheerful,�­a family of love, and patterns of sincere piety.

The titles and distinctions conferred by sovereigns, or the Hon. East India Company in India, as Khaun,[11] Bahadhoor,[12] Nuwaub,[13] &c., are not actually hereditary honours, though often presumed on, and indulged in, by successors. The Syaads, on the contrary, are the Meers and Begums (nobility) throughout their generations to the end of time, or at any rate, with the continuance of the Mussulmaun religion.

Having thus far explained the honourable distinction of the Syaads, I propose giving you some account of the Mahurrum,[14] a celebrated mourning festival in remembrance of their first martyrs, and which occupies the attention of the Mussulmauns annually to a degree of zeal that has always attracted the surprise of our countrymen in India; some of whom, I trust, will not be dissatisfied with the observations of an individual, who having spent many years of her life with those who are chief actors in these scenes, it may be expected, is the better able to explain the nature of that Mahurrum which they see commemorated every year, yet many, perhaps, without comprehending exactly why. Those strong expressions of grief�­the sombre cast of countenance,�­the mourning garb,�­the self-inflicted abstinence, submitted to by the Mussulmaun population, during the ten days set apart for the fulfilment of the mourning festival, all must have witnessed who have been in Hindoostaun for any period.

I must first endeavour to represent the principal causes for the observance of Mahurrum; and for the information of those who have witnessed its celebration, as well as for the benefit of others who have not had the same opportunity, describe the manner of celebrating the event, which occurred more than twelve hundred years ago.

Hasan and Hosein were the two sons of Fatima and Ali, from whom the whole Syaad race have generated; Hasan was poisoned by an emissary of the usurping Calipha’s;[15] and Hosein, the last sad victim of the family to the King Yuzeed’s[16] fury, suffered a cruel death, after the most severe trials, on the plains of Kraabaallah,[17] on the tenth day of the Arabian month Mahurrum; the anniversary of which catastrophe is solemnized with the most devoted zeal.

This brief sketch constitutes the origin of the festival; but I deem it necessary to detail at some length the history of that period, which may the better explain the motives assigned by the Mussulmauns, for the deep grief exhibited every year, as the anniversary of Mahurrum returns to these faithful followers of their martyred leaders, Hasan and Hosein, who, with their devoted families, suffered innocently by the hands of the guilty.

Yuzeed, the King of Shawm,[18] it appears, was the person in power, amongst the followers of Mahumud, at that early period of Mussulmaun history. Of the Soonie sect,[19] his hatred to the descendants of Mahumud was of the most inveterate kind; jealousy, it is supposed, aided by a very wicked heart, led him to desire the extirpation of the whole race, particularly as he knew that, generally, the Mussulmaun people secretly desired the immediate descendants of their Prophet to be their rulers. They were, however, intimidated by Yuzeed’s authority; whilst he, ever fearing the possibility of the Syaads’ restoration to their rights, resolved, if possible, on sacrificing the whole family, to secure himself in his illegal power.

Ali had been treacherously murdered through the contrivances of the usurping Calipha; after his death, the whole family removed from Shawm, the capital, to Medina, where they lived some years in tranquillity, making many converts to their faith, and exercising themselves in the service of God and virtuous living. Unostentatious in their habits and manners, they enjoyed the affection of their neighbours, their own good name increasing daily, to the utter dismay of their subtle enemy.

In the course of time, the devout people of Shawm, being heartily tired of Yuzeed’s tyrannical rule, and fearing the true faith would be defamed by the excesses and abuses of power committed by him, they were desirous of calling to their aid a leader from the Prophet’s family, who would secure, in its original purity, the performance of that religion which Mahumud had taught. Some thousands of respectable Mussulmauns, it is related, signed a petition to Hosein, requesting his immediate presence at Shawm, in order, as the petition stated, ’that the religion his grandsire taught might be supported and promoted’; and declaring ’the voluptuousness and infamy of Yuzeed’s life to be so offensive and glaring, that the true faith was endangered by his vicious examples’; and entreating him to accept his lawful rights as ’Emaum’[20] (Leader of the Faithful).

Hosein received the petition, but declined accepting the proposed restitution of his family’s rights at that time; yet he held out hopes in his reply, that he might eventually listen to their entreaties, should he be convinced his presence was essential to their welfare; and, as a prelude to this, he sent his cousin Moslem,[21] on whom he could rely, to make personal observation of the real state of things at Shawm; expecting to learn, from his matured knowledge, the real causes of complaint, and the wishes of the people, and by whose report he would be guided, as to his final acceptance or rejection of the proposed measure for his becoming their leader.

Moslem, accompanied by his two sons, mere youths, left Medina on this important mission, and having accomplished the tedious march without accident or interruption, he delivered Hosein’s letters to those persons of consequence in Shawm, who were at the head of the party petitioning his appearance there, and who proffered their influence and support for the recovery of the rights and privileges so long withheld from the descendants of Mahumud.

Moslem was kindly greeted by them, and multitudes flocked to his quarters, declaring Hosein the lawful leader of true Mussulmauns. Elated with these flattering indications, he too promptly despatched his messengers to Hosein, urging his immediate return to Shawm.

In the mean time, and long before the messengers could reach Medina, Yuzeed, learning the state of things in the capital, was seriously alarmed and greatly enraged; he issued orders for the seizure of Moslem and his children, and desiring to have them brought to his presence, offered immense sums of money for their capture. The friends of Moslem, however, succeeded, for a time, in secreting his person from King Yuzeed’s emissaries, trusting the darkness of night would enable him to escape. But the slaves and dependants of the tyrant being despatched into all quarters of the city, Moslem’s retreat was eventually discovered; and, through the influence of a purse of gold, his person was given up to the King’s partizans.

The unfortunate agent of Hosein had confided the charge of his two sons to the Kauzy[22] of the city, when the first report reached him of the tyrant Yuzeed’s fury. This faithful Kauzy, as the night advanced, intended to get the poor boys conveyed to the halting place of a Kaarawaun,[23] which he knew was but a few miles off, on their route for Medina. The guide, to whom the youths were intrusted, either by design or mistake, took the wrong road; and, after wandering through the dreary night, and suffering many severe trials, they were taken prisoners by the cruel husband of a very amiable female, who had compassionately, at first, given them shelter as weary travellers only; but, on discovering whose children they were, she had secreted them in her house. Her husband, however, having discovered the place of their concealment, and identified them as the sons of Moslem, cruelly murdered the innocent boys for the sake of the reward offered for their heads. In his fury and thirst for gold, this wicked husband of the kind-hearted woman spared not his own wife and son, who strove by their united efforts, alternately pleading and resisting, to save the poor boys from his barbarous hands.

This tragic event is conveyed into pathetic verse, and as often as it is repeated in the families of the Mussulmauns, tears of fresh sympathy are evinced, and bewailings renewed. This forms the subject for one day’s celebration during Mahurrum; the boys are described to have been most beautiful in person, and amiable in disposition.

After enduring ignominy and torture, and without even being brought to trial, Moslem was cast from a precipice, by Yuzeed’s orders, and his life speedily terminated, to glut the vengeance of the tyrant King.

As the disastrous conclusion of Moslem’s mission had not reached the ear of Hosein, he, elated with the favourable reception of his cousin, and the prospect of being received at Shawm in peace and good will, had without delay commenced his journey, accompanied by the females of his family, his relations, and a few steady friends who had long devoted themselves to his person and cause. The written documents of that remarkable period notice, that the whole party of Hosein, travelling from Medina towards Shawm, consisted only of seventy-two souls: Hosein having no intention to force his way to the post of leader, had not deemed it necessary to set out with an army to aid him, which he undoubtedly might have commanded by his influence with the people professing ‘the Faith’.

Yuzeed, in the mean time, having by his power destroyed Moslem and the two youths his sons, and receiving positive intelligence that Hosein had quitted Medina to march for Shawm, as his fears suggested, with an army of some magnitude, he ordered out an immense force to meet Hosein on the way, setting a price on his head, and proclaiming promises of honours and rewards, of the most tempting nature, to the fortunate man who should succeed in the arduous enterprise.

The first detachment of the Shawmies (as they are designated in the manuscript of Arabia), under a resolute chief named Hurrh,[24] fell in with Hosein’s camp, one day’s march beyond the far-famed ground, amongst Mussulmauns, of Kraabaallah, or Hurth Maaree,[25] as it was originally called.

Hurrh’s heart was subdued when he entered the tent of the peaceable Hosein, in whose person he discovered the exact resemblance of the Prophet; and perceiving that his small camp indicated a quiet family party journeying on their way, instead of the formidable force Yuzeed’s fears had anticipated, this chief was surprised and confounded, confessed his shame to Hosein that he had been induced to accept the command of the force despatched against the children of the Prophet, and urged, in mitigation of his offences, that he had long been in Yuzeed’s service, whose commission he still bore; but his heart now yearning to aid, rather than persecute the Prophet’s family, he resolved on giving them an opportunity to escape the threatened vengeance of their bitterest enemy. With this view, he advised Hosein to fall with his party into the rear of his force, until the main body of the Shawmies had passed by; and as they were then on the margin of a forest, there to separate and secrete themselves till the road was again clear, and afterwards to take a different route from the proposed one to Shawm.

Hosein felt, as may be supposed, grateful to his preserver; and, following his directions, succeeded in reaching the confines of Kraabaallah unmolested.

The ancient writings of Arabia say, Mahumud had predicted the death of Hosein, by the hands of men professing to be of ‘the true faith’, at this very place Kraabaallah, or Hurth Maaree.

Hosein and his family having concluded their morning devotions, he first inquired and learned the name of the place on which their tents were pitched, and then imparted the subject of his last night’s dream, ’that his grandsire had appeared to him, and pronounced that his soul would be at peace with him ere that day closed’. Again he fell on his knees in devout prayer, from which he rose only to observe the first warnings of an approaching army, by the thick clouds of dust which darkened the horizon; and before the evening closed upon the scene, Hosein, with every male of his small party capable of bearing arms, had been hurried to their final rest. One son of Hosein’s, insensible from fever at the time, was spared from the sacrifice, and, with the females and young children, taken prisoners to the King’s palace at Shawm.

The account given by historians of this awful battle, describes the courage and intrepidity of Hosein’s small band, in glowing terms of praise; having fought singly, and by their desperate bravery ’each arm (they say) levelled his hundreds with their kindred dust ere his own gave way to the sway of death’.

Amongst the number of Hosein’s brave defenders was a nephew, the son of Hasan: this young man, named Cossum,[26] was the affianced husband of Hosein’s favourite daughter, Sakeena Koobraah;[27] and previous to his going to the combat on that eventful day, Hosein read the marriage lines between the young couple, in the tent of the females. I mention this here, as it points to one particular part of the celebration of Mahurrum, which I shall have occasion to mention in due order, wherein all the outward forms of the wedding ceremony are strictly performed, annually.

During the whole of this terrible day, at Kraabaallah, the family party of Hosein had been entirely deprived of water; and the river Fraught[28] (Euphrates) being blockaded by their enemies, they suffered exceedingly from thirst. The handsome Abass,[29] another nephew of Hosein, and his standard-bearer, made many efforts to procure water for the relief of the almost famishing females; he had, at one attempt, succeeded in filling the mushukh,[30] when, retreating from the river, he was discovered by the enemy, was pursued and severely wounded, the mushukh pierced by arrows, and the water entirely lost ere he could reach the camp.

In remembrance of this privation of the sufferers at Kraabaallah, every good Mussulmaun, at Mahurrum, distributes sherbet in abundance, to all persons who choose to accept this their favourite beverage (sugar and water, with a little rosewater, or kurah,[31] to flavour it); and some charitable females expend large sums in milk, to be distributed in the public streets; for these purposes, there are neat little huts of sirrakee[32] (a reed, or grass, resembling bright straw) erected by the road side of the Mussulmauns’ houses; they are called saabeels,[33] where the red earthen cups of milk, sherbet, or pure water are seen ranged in rows, for all who choose to call for drink.

Hosein, say their historians, was the last of the party who suffered on the day of battle; he was surrounded in his own camp�­where, by the usage of war, at that time, they had no right to enter�­and when there was not one friendly arm left to ward the blow. They relate ’that his body was literally mangled, before he was released from his unmerited sufferings’. He had mounted his favourite horse, which, as well as himself, was pierced by arrows innumerable; together they sank on the earth from loss of blood, the cowardly spearmen piercing his wounded body as if in sport; and whilst, with his last breath, ’Hosein prayed for mercy on his destroyers, Shimeear[34] ended his sufferings by severing the already prostrate head from the mutilated trunk’.�­’Thus they sealed (say those writers) the lasting disgrace of a people, who, calling themselves Mussulmauns, were the murderers of their Prophet’s descendants.’

This slight sketch gives but the outline of those events which are every year commemorated amongst the zealous followers of Ali, the class denominated Sheahs.

The Mussulmaun people, I must here observe, are divided into two distinct sects, viz. the Sheahs and the Soonies. The former believe Ali and his descendants were the lawful leaders after Mahumud; the latter are persuaded that the Caliphas, as Aboubuker, Omir, &c., were the leaders to be accredited ‘lawful’; but of this I shall speak more fully in another Letter.

Perhaps the violence of party spirit may have acted as an inducement to the Sheahs, for the zealous annual observance of this period, so interesting to that sect; whatever the motive, we very often find the two sects hoard up their private animosities and dislikes until the return of Mahurrum, which scarcely ever passes over, in any extensively populated city of Hindoostaun, without a serious quarrel, often terminating in bloodshed.[35]

I could have given a more lengthened account of the events which led to the solemnization of this fast, but I believe the present is sufficient to explain the motives by which the Mussulmauns are actuated, and my next Letter must be devoted to the description of the rites performed upon the celebration of these events in India.

P.S. I have a memorandum in my collection which may here be copied as its proper place.

From Mecca, ‘The Holy City’, to Medina the distance is twelve stages (a day’s march is one stage, about twenty miles of English measurement). From Medina to Kraabaallah there are twenty-one stages; this distance is travelled only by those who can endure great difficulties; neither water nor provisions are to be met with on the whole journey, excepting at one halt, the name of which is Shimmaar. From Kraabaallah to Koofah is two stages.

In the vicinity of Koofah[36] stands Mount Judee[37] (Judea), on which is built, over the remains of Ali, the mausoleum called Nudghiff Usheruff.[38] On this Mount, it is said, Adam and Noah were buried. Ali being aware of this, gave directions to his family and friends, that whenever his soul should be recalled from earth, his mortal remains were to be deposited near those graves venerated and held sacred ‘by the faithful’. The ancient writers of Arabia authorise the opinion that Ali’s body was entombed by the hands of his sons, Hasan and Hosein, who found the earth open to receive their sire, and which closed immediately on his remains being deposited.

Here, too, it is believed Noah’s ark rested after the Deluge. When pilgrims to Mecca make their zeearut[39] (all sacred visits are so called) to this Mount, they offer three prayers, in memory of Adam, Noah, and All.

The grave of Eve is also frequently visited by pilgrims, which is said to be situated near Jeddah; this, however, is not considered an indispensable duty, but, as they say, prompted by ’respect for the Mother of men’.[40]

These remarks, and many others of an interesting nature, I have been favoured with from the most venerable aged man I ever knew, Meer Hadjee Shaah,[41] the revered father of my excellent husband; who having performed the Hadje[42] (pilgrimage) three several times, at different periods of his eventful life�­returning after each pilgrimage to his home in Lucknow�­and being a person of strict veracity, with a remarkably intelligent mind and retentive memory, I have profited largely by his information, and derived from it both amusement and instruction, through many years of social intercourse. When he had numbered more than eighty years he dwelt with hope on again performing the Hadje, where it was his intention to rest his earthly substance until the great day of restitution, and often expressed his wishes to have me and mine to share with him the pilgrimage he desired to make. But this was not allowed to his prayer; his summons arrived rather unexpectedly to those who loved and revered him for virtues rarely equalled; happily for him, his pure soul was prepared to meet his Creator, in whose service he had passed this life, with all humility, and in whose mercy alone his hopes for the future were centred.

[1] ’Whatsoever alms ye shall give, of a truth God knoweth it.... Give ye
your alms openly? it is well. Do ye conceal them and give them to the
poor? This, too, will be of advantage to you, and will do away your
sins: and God is cognizant of your actions’ (Koran, ii. 274-5).

[2] Sayyid, ‘lord’, ’chief, the class of Musalmans who claim descent
from Fatimah, daughter of the Prophet, and ’Ali, his
cousin-german and adopted son; they are divided into two branches
descended from Hasan and Husain, sons of ’Ali and Fatimah.

[3] Mir, a contraction of Amir, ‘lord’.

[4] Koran, Qur’an.

[5] ’They who swallow down usury shall arise in the resurrection only as
he ariseth whom Satan hath infected by his touch’ (Koran, ii.
276). But this is rather theory than practice, and many ingenious
methods are adopted to avoid the prohibition.

[6] Begam, feminine of Beg, ‘lord’, used to denote a Sayyid lady, like
Khanam among Pathans.

[7] Here, as elsewhere, zenanah, zananah, Persian zan, ‘woman’.

[8] This is incorrect. The Koran has been translated into various
languages, but the translation is always interlineary with the
original text. In Central Asia the Musalman conquerors allowed the
Koran to be recited in Persian, instead of Arabic, in order that it
might be intelligible to all (Arnold, The Preaching of Islam, 183).

[9] Jali.

[10] Kurti, a loose, long-sleeved jacket of muslin or net, among rich
women embroidered on the neck and shoulders with gold, and draped down
to the ankles in full, loose folds. It is made of red or other
light-coloured fabrics for girls and married women; dark blue, bronze,
or white for old ladies; bronze or black for widows.

[11] Khan, ‘lord’, ‘prince’, specially applied to persons of Mughal
or Pathan descent.

[12] Bahadur, ‘champion’, a Mongol term; see Yule,
Hobson-Jobson[2], 48 ff.

[13] Nawab, ‘a deputy, delegate’: the Anglo-Indian Nabob (ibid.,
610 ff.).

[14] Muharram, ‘that which is forbidden’, the first month of the
Musalman year, the first ten days of which are occupied with this
mourning festival.

[15] By his wife Ja’dah, who was suborned to commit the deed by Yazid.

[16] Yazid, son of Mu’awiyah, the second Caliph of the house of
Umaiyah, who reigned from A.D. 679 to 683. Gibbon (Decline and Fall,
ed. W. Smith, vi. 278) calls him ‘a feeble and dissolute youth’.

[17] Kerbala, Karbala, a city of Iraq, 50 miles south-west of Baghdad,
and about 6 miles from the Euphrates.

[18] Syria.

[19] Sunni, Ahlu’s-Sunnah, ‘one of the Path’, a traditionalist. The
Sunnis accept the first four Caliphs, Abu Bakr, ’Umar, ’Usman,
’Ali, as the rightful successors of Muhammad, and follow the six
authentic books of the traditions. The Shi’ahs, ‘followers’ of
’Ali, maintain that he was the first legitimate Imam or Caliph,
i.e. successor of the Prophet. For a full account of the martyrdom of
Husain see Simon Ockley, History of the Saracens (1848), 287 ff.;
Sir L. Pelly, The Miracle Play of Hasan and Husain (1879), Preface,
v ff.

[20] Imam.

[21] Muslim.

[22] Qazi, a Muhammadan law officer.

[23] Karwan, a caravan.

[24] al-Hurr.

[25] This term is obscure. Jaffur Shurreef (Qanoon-e-Islam, 107) says
the plain of the martyrdom was called ‘Mareea’. For ‘Hurth’ Prof. E.G.
Browne suggests hirth, ‘a ploughed field’, or ard, ‘land’. Sir C.
Lyall suggests Al-hirah, the old Arabian capital which stood near
the site of the later Kufah.

[26] Qasim.

[27] Sakinah, Hebrew Shechinah; Koobraah, Kibriya, ‘noble’.

[28] The Euphrates is called in Sumerian pura-num, ‘Great water’, whence
Purat, Purattu in Semitic Babylonian; Perath in Hebrew; Frat or
Furat in Arabic.

[29] ’Abbas, son of ’Ali.

[30] Mashk, Mashak, the Anglo-Indian Mussuck, a leathern skin for
conveying water, in general use amongst Musalmans at this day in
India; it is composed of the entire skin of a goat, properly prepared.
When filled with water it resembles a huge porpoise, on the back of
the beeshtie [Bhishti] (water-carrier). [Author.]

[31] Kora, the fresh juice of Aloe vera, said to be cathartic and
cooling.

[32] Sirki (Saccharum ciliare).

[33] Sabil: see Burton, Pilgrimage, Memorial ed., i. 286.

[34] Shimar, whose name now means ‘contemptible’ among Shi’ahs.

[35] This statement is too wide. ’Among Muhammadans themselves there is
very little religious discussion, and Sunnis and Shi’ahs, who
are at such deadly feud in many parts of Asia, including the Punjab
and Kashmir, have, in Oudh, always freely intermarried’ (H.C. Irwin,
The Garden of India, 45).

[36] Kufah, four miles from Najaf, the capital of the Caliph ’Ali,
which fell into decay when the government was removed to Baghdad.

[37] Confused with Al-judi, Mt. Ararat, on which the Ark
rested.�­Koran, xi. 46.

[38] Najaf al Sharif, or Mashhad ’Ali, 50 miles south of Karbala,
the tomb and shrine of ’Ali.

[39] Ziyarat, ‘visitation’, especially to the tomb of the Prophet or
that of a Muhammadan saint. The pilgrim says, not ’I have visited the
Prophet’s tomb’, but ‘I have visited the Prophet’. (Burton,
Pilgrimage, i. 305.)

[40] The grave is said to be nine yards long: according to others, much
longer. See the flippant remark of Burton, ibid., ii. 273 ff.

[41] Mir Haji Shah.

[42] Hajj, ‘setting out’.

LETTER 02

Celebration of Mahurrum.�­The Tazia.�­Mussulmaun Cemeteries.�­An Emaum-baarah.�­Piety of the ladies.�­Self-inflicted abstinence and privations endured by each sex.�­Instances of the devotional zeal of the Mussulmauns.�­Attempted infringement on their religious formalities.�­The Resident at Lucknow.�­Enthusiastic ardour of the poor.�­Manner of celebrating the Mahurrum in opposition to the precepts of the Khoraun.�­Mosque and Emaum-baarah contrasted.�­The supposition of Mussulmauns practising idolatry confuted.

My former Letter prepares you for the celebration of Mahurrum, the observance of which is at this time going forward here (at Lucknow) with all that zealous emulative spirit and enthusiasm which I have before remarked the Mussulmaun population of India entertain for their Emaums (leaders), and their religion.

This annual solemn display of the regret and veneration they consider due to the memory of departed excellence, commences on the first day of the Moon (Mahurrum). The Mussulmaun year has twelve moons; every third year one moon is added, which regulation, I fancy, renders their years, in a chronological point of view, very nearly equal with those of Europe. Their day commences and ends when the stars are first visible after sunset.

The first day of Mahurrum invariably brings to my recollection the strongly impressed ideas of ‘The Deserted Village’. The profound quiet and solemn stillness of an extensively populated native city, contrasted with the incessant bustle usual at all other times, are too striking to Europeans to pass by unheeded. This cessation of the animated scene, however, is not of long duration; the second day presents to the view vast multitudes of people parading backwards and forwards, on horseback, in palkies, and on foot, through the broad streets and roadways, arrayed in their several mourning garbs, speeding their way to the Emaum-baarahs[1] of the great men, and the houses of friends, to pay the visit of respect (zeearut), wherever a Tazia is set up to the remembrance of Hasan and Hosein.

The word Tazia[2] signifies grief. The term is applied to a representation of the mausoleum at Kraabaallah, erected by their friends and followers, over the remains of Hasan and Hosein. It is formed of every variety of material, according to the wealth, rank, or preference, of the person exhibiting, from the purest silver down to bamboo and paper, strict attention being always paid to preserve the model of Kraabaallah, in the exact pattern with the original building. Some people have them of ivory, ebony, sandal-wood, cedar, &c., and I have seen some beautifully wrought in silver filigree. The handsomest of the kind, to my taste, is in the possession of his Majesty the King of Oude, composed of green glass, with brass mouldings, manufactured in England (by whom I could not learn). All these expensive Tazias are fixtures, but there are temporary ones required for the out-door ceremony, which, like those available to the poor and middling classes, are composed of bamboo frames, over which is fixed coloured uberuck[3] (lapis specularum, or tulk); these are made in the bazaar, of various sizes and qualities, to suit the views of purchasers, from two rupees to two hundred each.

The more common Tazias are conveyed in the procession on the tenth day, and finally deposited with funeral rites in the public burial-grounds, of which there are several outside the town. These cemeteries are denominated Kraabaallah,[4] and the population of a large city may be presumed on by the number of these dispersed in the suburbs. They do not bury their dead in the vicinity of a mosque, which is held too sacred to be allowed the pollution. Any one having only touched a dead body, must bathe prior to entering the mosque, or performing their usual prayer-service at home;�­such is the veneration they entertain for the name of God.

The opulent people of Mussulmaun society have an Emaum-baarah erected in the range of buildings exclusively denominated murdanah[5] (men’s abode). The habitation of all Mussulmauns being composed of separate departments for the males and the females, communicating by private entrances, as will be explained hereafter.

The Emaum-baarah is a sacred place, erected for the express purpose of commemorating Mahurrum; the founder not unfrequently intends this also as the mausoleum for himself and family. But we generally find Mukhburrahs[6] (mausoleums) built in conspicuous situations, for the remains of kings, princes, nobles, and sainted persons. Of the latter, many are visited, at stated periods, by the multitude, with religious veneration, the illiterate attaching considerable importance to the annual pilgrimage to them; and where�­to secure the influence of the particular saint’s spirit, in furthering their views�­mothers present their children, in numbers beyond all calculation; and each having something to hope for who visits the shrine, presents offerings of money and sweetmeats, which become the property of the person in charge of the tomb, thus yielding him a profitable sinecure, in proportion as the saint is popular amongst the ignorant.

An Emaum-baarah is a square building, generally erected with a cupola top, the dimensions guided by the circumstances of the founder. The floor is matted with the date-leaf mats, in common use in India, on which is spread a shutteringhie[7] (cotton carpet), and over this a clean white calico covering, on which the assembled party are seated, during the several periods of collecting together to remember their leaders: these meetings are termed Mudgelluss[8] (mourning assemblies). It would be esteemed indecorous or disrespectful to the Emaums, if any one in error called these assemblies Moollakhaut,[9] the usual term for mere worldly visiting.

The Tazia is placed against the wall on the side facing Mecca, under a canopy of rich embroidery. A reading-desk or pulpit (mhembur[10]) is placed in a convenient situation, for the reader to face Mecca, and his voice to be heard by the whole assembly of people; it is constructed of silver, ivory, ebony, &c. to correspond with the Tazia, if possible: the steps are covered sometimes with gold-cloth, or broad-cloth of black, or green,[11] if a Syaad’s property, being the colour worn by that race for mourning. The shape of a mhembur is a flight of steps with a flat top, without any railing or enclosed place; the reader, in his recitings, occasionally sitting on the steps, or standing, as may be most convenient to himself.

On the walls of the Emaum-baarah, mirrors and looking-glasses are fixed in suitable situations to give effect to the brilliant display of light, from the magnificent chandeliers suspended from the cupola and cornices. The nobles and the wealthy are excited with a desire to emulate each other in the splendour of their display on these occasions;�­all the mirrors, glass, lustres, chandeliers, &c. are brought together to this place, from their several stations in the mansion; and it is due to them to admit the effect to be often imposingly grand, and the blaze of light splendid. I have frequently been reminded in these scenes of the visionary castles conjured to the imagination, whilst reading ‘The Arabian Nights’ Entertainments’.

On each side the Tazia�­the whole length of the wall�­banners are ranged, in great variety of colour and fabric; some of them are costly and splendid. I have seen many constructed of the richest embroidery, on silk grounds, of gold and silver, with massy gold fringes, cords, and tassels; the staff is cased with gold or silver, worked into figures of birds and other animals, in every variety; the top of which has a crest, in some a spread hand,[12] in others a sort of plume, and not unfrequently a crest resembling a grenade, formed of the precious metals, and set with stones of great value.

On the base of the Tazia the several articles are placed conceived likely to have been used by Hosein at Kraabaallah; a turban of gold or silver tissue, a splendid sword and belt, the handle and hilt set with precious stones, a shield, the Arabian bow and arrows. These ancient emblems of royalty are indispensable in order to do honour to Hosein, in the view they take of his sovereign right to be the head or leader of the true Mussulmauns. Wax lights, red and green, are also placed in great numbers about its base, in silver or glass candlesticks; and censers of gold and silver, burning incense perpetually during Mahurrum. Many other minor tributes to the Emaums are discovered near the Tazia, as choice fruits and garlands of sweet-scented flowers, the offerings of ladies of the family to their relative’s Tazia.

Amongst the poorer classes of the people an equal proportion of zealous spirit is evinced; and according to their several abilities, so they commemorate the period, interesting alike to all. Those who cannot compass the real splendour of an Emaum-baarah, are satisfied with an imitative one in the best hall their habitation affords; and, where mirrors and chandeliers are not available, they are content to do honour to the Emaums with lamps of uberuck, which in truth are pleasing substitutes at a small price: these lamps are made in a variety of pretty shapes, curiously painted, and ingeniously ornamented with cut paper; they burn oil in them, and, when well arranged, and diversified with their wonted taste, produce a good light, and pleasing effect.

The banners of Hosein, in the houses of the poor, are formed of materials according to their humble means, from tinsel imitations down to dyed muslin; and a similar difference is to be perceived in their selection of the metal of which their crests are made.

Mourning assemblies are held in the Emaum-baarahs twice every day during Mahurrum; those of the evening, however, are the most attractive, and have the fullest attendance of visitors. The master of the house, at the appointed hour, takes his seat on the floor near the pulpit, surrounded by the males of his family and intimate friends, and the crowd of strangers arrange themselves�­wherever there is sitting room�­without impeding the view of the Tazia.

One of the most popular Maulvees[13] of the age is engaged to recite the particular portion appointed for each day, from the manuscript documents, called Dhie Mudgelluss,[14] in the Persian language. This work is in ten parts and contains a subject for each day’s service, descriptive of the life and sufferings of the Emaums, their friends, and children, particularly as regards the eventful period of Mahurrum in which they were engaged. It is, I am assured, a pathetic, fine composition, and a faithful narrative of each particular circumstance in the history of their leaders, the heroic bravery of their friends, &c. They are particularly anxious to engage an eloquent reader for this part of the performance, who by his impressive manner compels his hearers to sympathise in the affecting incidents which are recited by him.

I have been present when the effect produced by the superior oratory and gestures of a Maulvee has almost terrified me, the profound grief, evinced in his tears and groans, being piercing and apparently sincere. I have even witnessed blood issuing from the breast of sturdy men, who beat themselves simultaneously as they ejaculated the names ‘Hasan!’ ’Hosein!’[15] for ten minutes, and occasionally during a longer period, in that part of the service called Mortem.[16]

The portion of Dhie Mudgelluss concluded, sherbet is handed round to the assembly; and as they voluntarily abstain from luxuries at this season, a substitute for pawn[17]�­the green leaf in general use amongst the natives�­has been introduced, consisting of dried coffee, cocoa-nut shreds, betel-nut, cardimuns,[18] dunyah,[19] and a proportionate quantity of tobacco-leaf and lime; these are mixed together and handed to the visitors, on small silver trays. The hookha[20] is introduced to the superiors of the assembly; you are perhaps aware that inferiors do not smoke in the presence of superiors without their command or permission.

This ceremony terminated, the Murseeah[21] is chanted, by several well-practised voices, with good effect. This part of the service is, perhaps, the most impressive, as the very ignorant, even, can comprehend every word,�­the Murseeah being in the Hindoostanic tongue, a poetical composition of great merit, and embracing all the subjects they meet to commemorate. The whole assembly rise up afterwards, and, as with one voice, recount the names of the lawful leaders after Mahumud, entreating blessings and peace to their souls. They then repeat the names of the hated usurpers (Caliphas), on whose memory they invoke curses, &c. Mortem follows, beating of breasts in unison with the voices, and uttering the names of Hasan and Hosein; this performance concludes each day’s Mudgelluss, either of the morning or evening.

The ladies celebrate the returning season of Mahurrum with as much spirit and zeal as the confinement, in which they exist, can possibly admit of. There are but few, and those chiefly princesses, who have Emaum-baarahs at command, within the boundary of the zeenahnah; the largest and best apartment in their establishment is therefore selected for the purpose of an Emaum-baarah, into which none but females are admitted, excepting the husband, father, son, or brother, of the lady; who having, on this occasion, full liberty to invite her female acquaintance, those who are her nearest male relatives even are not admitted until previous notice is given, in order that the female guests may secrete themselves from the sight of these relatives of their hostess.

In commemorating this remarkable event in Mussulmaun history, the expressions of grief, manifested by the ladies, are far greater, and appear to me more lasting than with the other sex; indeed, I never could have given credit to the extent of their bewailings, without witnessing, as I have done for many years, the season for tears and profound grief return with the month of Mahurrum. In sorrowing for the martyred Emaums, they seem to forget their private griefs; the bereavement of a beloved object even is almost overlooked in the dutiful remembrance of Hasan and Hosein at this period; and I have had opportunities of observing this triumph of religious feeling in women, who are remarkable for their affectionate attachment to their children, husbands, and parents;�­they tell me, ’We must not indulge selfish sorrows of our own, whilst the Prophet’s family alone have a right to our tears’.

The religious zeal of these people is evinced, likewise, in a stern, systematic, line of privations, during the period of Mahurrum; no one is obliged by any law or command; it is voluntary abstinence on the part of each individual�­they impose it on themselves, out of pure pity and respect for their Emaums’ well-remembered sufferings. Every thing which constitutes comfort, luxury, or even convenience at other times, on these occasions are rigidly laid aside. The pallungh and the charpoy[22] (the two descriptions of bedsteads in general use), on which the females love to lounge for some hours in the day and night, are removed from their standings, and, in lieu of this comfort, they take their rest on a common date mat, on the floor. The musnud,[23] and all its cushioned luxuries, give place, on this occasion, to the simply matted floor. The indulgence in choice dainties, at other times so necessary to their happiness, is now foregone, and their meal limited, throughout Mahurrum, to the coarsest food�­such as barley bread, rice and peas boiled together (called kutcher),[24] without even the usual additions to make it palatable ketcherie,[25] as ghee, salt, pepper, and spices; these ingredients being considered by the zealous females too indulgent and luxurious for humble mourners during Muhurrum.

The pawn leaf, another luxury of no small moment to Asiatic tastes, is now banished for the ten days’ mourning. A very poor substitute has been adopted, in the mixture described at the gentlemen’s assembly�­it is called goattur.[26] The truth is, their health would suffer from any long disuse of tobacco-leaf, lime, and a bitter gum,[27] which are in general use with the pawn; the latter is of a warm aromatic nature, and imparts a fine flavour to the other ingredients; but, as it is considered a great indulgence to eat pawn, they abstain from it altogether during Mahurrum;�­the mixture, they say, is only allowed for health’s sake.

When visitors call on the Mussulmaun ladies at Mahurrum, the goattur is presented on trays, accompanied by bags, neatly embroidered in silver and gold, of many different shapes and patterns, mostly their own work and invention; they are called buttooah[28] and jhaumdanies.[29]

The variety of ornaments, which constitute the great delight of all classes of females in India, are entirely laid aside, from the first hour of Mahurrum, until the period for mourning concludes. I never heard of any people so thoroughly attached to ornaments as the females of India are generally. They are indulged in this foible�­pardonable it may be�­by their husbands and parents. The wealthiness of a family may often be judged by a single glance at the principal lady of the zeenahnah, who seldom omits doing honour to her husband, by a full display of the precious metals, with a great variety of gems or jewels on ordinary occasions. The men of all ranks are proud of their wives’ finery; even the poorest hold in derision all ornament that is not composed of sterling metal, of which they seem excellent judges. The massy chains of gold or silver, the solid bangles for the arms and ancles, the nut[30] (nose-ring) of gold wire, on which is strung a ruby between two pearls, worn only by married women; the joshun[31] (armlet), of silver or gold, often set with precious stones; the many rings for the fingers, thumbs, and toes, form the daily dress of a lady;�­but I must not digress further. These are all removed from the person, as soon as the moon is seen, when the first day of Mahurrum commences; the hair is unloosed from its usual confinement, and allowed to flow in disorder about the person; the coloured pyjaamahs[32] and deputtahs[33] are removed, with every other article of their usual costume, for a suit that, with them, constitutes mourning�­some choose black, others grey, slate, or green, and the widow wears white from the day her husband dies.

A widow never alters her style of dress, neither does she wear a single ornament, during her widowhood, which generally lasts with her life. I never heard of one single instance, during my twelve years’ residence amongst them, of a widow marrying again�­they have no law to prohibit it; and I have known some ladies, whose affianced husbands died before the marriage was concluded, who preferred a life of solitude and prayer, although many other overtures were made.[34]

Many of the rigidly zealous, among the females, mortify themselves by wearing their suit of mourning, during the ten days, without changing; the dress is worn next the skin, and, in very warm weather, must be comfortless after the first day�­but so it is; and so many are the varieties of self-inflicted privations, at this period, that my letter might be filled with the observations I have made. I cannot, however, omit to mention my old woman-servant (ayah[35]), whose mode of abstinence, in remembrance of Hosein, is rigidly severe; my influence does not prevail in dissuading her, although I fear the consequences to her health will be seriously felt if she persist in the fulfilment of her self-imposed trial. This poor old creature resolves on not allowing one drop of water, or any liquid, to pass her lips during the ten days’ mourning; as she says, ’her Emaum, Hosein, and his family, suffered from thirst at Kraabaallah, why should such a creature as she is be indulged with water?’ This shows the temper of the people generally; my ayah is a very ignorant old woman, yet she respects her Emaum’s memory.[36]

The Tazia, you are to understand, graces the houses of all good Mussulmauns in India, who are not of the sect called Soonies. This model of their Emaum’s tomb is an object of profound respect. Hindoos, even, on approaching the shrine, bow their heads with much solemn gravity; I often fancied they mistook the Tazia for a Bootkhanah[37] (the house of an idol).

It is creditable to the Mussulmauns, that they do not restrict any profession of people from visiting their assemblies; there is free admission granted when the Emaum-baarah is first lighted up, until the hour of performing the service, when strangers, that is the multitude, are civilly requested to retire. Every one is expected, on entering the outward verandah, to leave their shoes at the threshold of the sanctuary;[38] none but Europeans have any occasion to be reminded of this, as it is a well known and general observance with all degrees of natives in Asia. The servants, in charge of the Emaum-baarah, are responsible for the due observance of respect to the place, and when any foreigners are advancing, they are politely requested to leave their shoes outside; which must be complied with, or they cannot possibly be admitted.

Some few years since, a party of young gentlemen, from cantonments, had made up their minds to evade the necessity for removing their boots, on the occasion of a visit to one of the great men’s Emaum-baarahs, at a Native city; they had provided themselves with white socks, which they drew over their boots before leaving their palkies. The cheat was discovered by the servants in attendance, after they had been admitted; they made a precipitate retreat to avoid the consequences of a representation to the Resident, by the proprietor of the Emaum-baarah; who, hearing of the circumstance, made all possible inquiry, without, however, discovering the names of the gentlemen, who had thus, in his opinion, violated the sanctuary.

The Natives are aware that the Resident sets the bright example of conforming to the observances of the people, over whom he is placed as governor and guardian; and that he very properly discountenances every attempt of his countrymen to infringe on their rights, prejudices, or privileges; and they have, to my knowledge, always looked up to him as to a parent and a friend, from the first to the last day of his exalted station amongst them. Many a tear marked the regret of the Natives, when their best, their kindest, earthly friend quitted the city he had blessed by his presence; and to the latest page of their history, his memory will doubtless be cherished with sincere veneration and respectful attachment.[39]

The poor people vie with their rich neighbours, in making a brilliant light in their little halls containing the Tazia; the very poorest are liberal in the expenditure of oil and tallow candles�­I might say extravagantly so, but for the purity of their intentions, supposing it to be a duty�­and they certainly manifest their zeal and respect to the utmost of their power; although many, to my knowledge, live all the year round on the very coarsest fare, to enable them to show this reverence to their Emaum’s memory.

The ladies assemble, in the evening, round the Tazia they have set up in their purdahed privacy�­female friends, slaves, and servants, surrounding the mistress of the house, in solemn gravity.

The few females who have been educated are in great request at this season; they read the Dhie Mudgelluss, and chant the Musseeah with good effect. These women, being hired for the purpose, are detained during the ten days; when the Mahurrum ceases, they are dismissed to their own homes, loaded with the best gifts the good lady their employer can conveniently spare, commensurate with the services performed. These educated females are chiefly daughters of poor Syaads, who have not been married for the lack of a dowry; they live devoutly in the service of God, according to their faith. They are sometimes required, in the families of the nobility, to teach the Khoraun to the young ladies, and, in that capacity, they are called Oustaardie, or more familiarly Artoojee.[40]

As I have mentioned before, the Musseeah narrative of the sufferings at Kraabaallah is a really pathetic and interesting composition; the work being conveyed in the language of the country, every word is understood, and very deeply felt, by the females in all these assemblies, who, having their hearts softened by the emphatic chantings of the readers, burst into violent tears and sobbings of the most heart-rending description. As in the gentlemen’s assembly, they conclude with Mortem, in which they exercise themselves until they are actually exhausted; indeed, many delicate females injure their health by the violence and energy of their exertions, which they nevertheless deem a most essential duty to perform, at all hazards, during the continuance of Mahurrum.

This method of keeping Mahurrum is not in strict obedience to the Mahumudan laws; in which code may be found prohibitions against all violent and excessive grief�­tearing the hair, or other expressions of ungovernable sorrow.[41]

I have observed that the Maulvees, Moollahs,[42] and devoutly religious persons, although mixing with the enthusiasts on these occasions, abstain from the violent exhibition of sorrows which the uninformed are so prone to indulge in. The most religious men of that faith feel equal, perhaps greater sympathy, for the sufferings of the Emaums, than those who are less acquainted with the precepts of the Khoraun; they commemorate the Mahurrum without parade or ostentatious display, and apparently wear mourning on their hearts, with their garb, the full term of forty days�­the common period of mourning for a beloved object; but these persons never join in Mortem, beating breasts, or other outward show of sadness, although they are present when it is exercised; but their quiet grief is evidently more sincere.

I have conversed with many sensible men of the Mussulmaun persuasion on the subject of celebrating Mahurrum, and from all I can learn, the pompous display is grown into a habit, by a long residence amongst people, who make a merit of showy parades at all their festivals. Foreign Mussulmauns are equally surprised as Europeans, when they visit Hindoostaun, and first see the Tazia conveyed about in procession, which would be counted sacrilegious in Persia or Arabia; but here, the ceremony is not complete without a mixture of pageantry with, the deeply expressed and public exposure of their grief.[43]

The remarkable plainness of the mosque, contrasted with the superb decorations of an Emaum-baarah, excited my surprise. I am told by the most venerable of Syaads, ’The Mosque is devoted only to the service of God, where it is commanded no worldly attractions or ornaments shall appear, to draw off the mind, or divert the attention, from that one great object for which the house of prayer is intended’. An Emaum-baarah is erected for the purpose of doing honour to the memory of the Emaums, and of late years the emulative spirit of individuals has been the great inducement to the display of ornamental decorations.

It is rather from their respect to the Founder of their religion and his descendants, than any part of their profession of faith, that the Mussulmaun population of Hindoostaun are guided by in these displays, which are merely the fashion of other people whom they imitate; and with far different motives to the weak-minded Hindoos, who exalt their idols, whilst the former thus testify their respect to worthy mortals only. This is the explanation I have received from devout Mussulmauns, who direct me to remark the strong similarity�­in habit only, where ‘the faith’ is not liable to innovations�­between themselves and the Hindoo population;�­the out-of-door celebrations of marriage festivals, for instance, which are so nearly resembling each other, in the same classes of society, that scarcely any difference can be discovered by the common observer.

Idolatry is hateful to a Mussulmaun, who acknowledges ‘one only true God’, and ’Him alone to be worshipped’.[44] They respect, venerate, love, and would imitate, their acknowledged Prophet and the Emaums (who succeeded Mahumud in the mission), but they never worship them, as has been often imagined. On the contrary, they declare to me that their faith compels them ’to believe in one God, and that He alone is to be worshipped by the creature; and that Mahumud is a creature, the Prophet sent by God to make His will known, and declare His power. That to bow down and worship Mahumud would be gross idolatry; and, although he is often mentioned in their prayers, yet he is never prayed to. They believe their Prophet is sensible of whatever passes amongst his true disciples; and that, in proportion as they fulfil the commands he was instructed by God to leave with them, so will they derive benefit from his intercession, on that great and awful day, when all mankind shall appear before the judgment seat of God.’

[1] Imambara, ‘enclosure of the Imam’, the place where the
Muharram rites are performed, as contrasted with Masjid, a mosque, and
’Idgah, where the service at the ’Id festivals is conducted.

[2] Ta’ziya, ‘consoling’. The use of these miniature tombs is said to
date from the time of Amir Taimur (A.D. 1336-1405), who on his
return from Karbala made a model of Husain’s tomb. See a good account
of them in Sir G. Birdwood, Sva, 173 ff.

[3] Abrak, tale.

[4] From Karbala, the place of pilgrimage.

[5] Mardanah.

[6] Maqbarah, ‘place of graves’.

[7] Shatranj[-i], a chequered cloth, from shatrang, the game of chess.

[8] Majlis.

[9] Mulaqat.

[10] Mimbar, sometimes a wooden structure, sometimes of masonry.

[11] Green is the Sayyid colour (E.W. Lane, Modern Egyptians, i. 38).
But it is an innovation in Islam, and Sayyids in Al-Hijaz, as a
general rule, do not wear a green turban (Burton, Pilgrimage, ii. 4).

[12] The spread hand designates the Sheah sect. There are times when
holding up the spread hand declares the Sheah, whilst the Soonie is
distinguished by his holding up three fingers only. In villages, the
spread hand is marked on the walls where Sheahs reside during Mahurrum.
[Author.]

[The five spread fingers are regarded as emblematical of the Prophet, Fâtimah, ’Ali, Hasan, and Husain. The Sunnis prefer three fingers, signifying the first three Caliphs. In its ultimate origin, the spread hand is a charm against demons and evil spirits.]

[13] Maulavi, a Muhammadan doctor of law, a judge.

[14] From Dhie, ten; Mudgelluss, assembling together for sacred purposes.
[Author.] or [Dah, or Dahha majlis denotes the ten days of
Muharram; see Sir L. Pelly, The Miracle Play of Hasan and Husain,
i. 74.]

[15] Corrupted by Anglo-Indians into Hobson-Jobson, the title of Sir H.
Yule’s Anglo-Indian Glossary.

[16] Matam, ‘mourning’.

[17] Pan, ‘betel leaf’.

[18] Cardamom.

[19] Dhaniya (Coriandrum sativitm).

[20] Huqqah, ‘a water tobacco pipe’.

[21] Marsiyah, ‘a funeral elegy’.

[22] Palang, a more pretentious piece of furniture than the
charpai, or common ‘cot’.

[23] Masnad, ‘a thing leaned on’, a pile of cushions; the throne of a
sovereign.

[24] Khichar.

[25] Khichri, the ‘Kedgeree’ of Anglo-Indians.

[26] Gota.

[27] Catechu, Hindi Kath.

[28] Batua.

[29] Jamdani, properly a portmanteau for holding clothes
(Jama): a kind of flowered cloth.

[30] Nath.

[31] Joshan, an ornament worn on the upper arm.

[32] Pa[~e]jama, ‘leg clothing’, drawers.

[33] Dopatta, a sheet made of two breadths of cloth.

[34] Amongst the Muhammadans the proportion of widows has declined
steadily since 1881, and is now only 143 per mille compared with 170
in that year. It would seem that the prejudices against
widow-marriages are gradually becoming weaker.�­Report Census of
India, 1911, i. 273.

[35] [A]y[a], from Portuguese aia, ‘a nurse’.

[36] After much, entreaty, this humble zealot was induced to take a sweet
lime, occasionally, to cool her poor parched mouth. She survived the
trial, and lived many years to repeat her practised abstinence at the
return of Mahurrum. [Author.]

[37] Butkhanah.

[38] This was a primitive Semitic taboo (Exodus iii. 5; Joshua v. 15, &c.).
The reason of this prohibition is that shoes could not be easily
washed.�­W.R. Smith, Religion of the Semites[2], 453.

[39] Mordaunt Ricketts was Resident at Lucknow between 1821 and 1830, when
he was ‘superannuated’ owing to financial scandals, for the details of
which see Sir G. Trevelyan, Life and Letters of Lord Macaulay, cap.
x; H.G. Keene, Here and There, 10; on November 1, 1824, he was
married at Lucknow by Bishop Heber to the widow of George Ravenscroft,
the civilian who was Collector of Cawnpore, and there embezzled large
sums of money, the property of Government. He fled with his wife and
child to Bhinga in Oudh, where, on May 6, 1823, he was murdered by
Dacoits. The strange story is well told by Sleeman, A Journey through
the Kingdom of Oudh, i. 112 ff.

[40] Persian ustad, ustadji, ‘an instructor’.

[41] Lamentation for the dead was strictly prohibited by the Prophet; but,
like all orientals, the Indian Musalmans indulge in it.
(Mishkat, i, chap, vii.)

[42] Mulla, the Persian form of Maulavi, ‘a doctor of law’.

[43] It is a mistake to suppose that the procession of the Ta’ziya or
Tabut is peculiar to India. It is practised in Persia and Egypt.

[44] The Prophet was obliged to make some compromise with idolatry, as in
the case of the Black Stone at Mecca. But he protested against idols
in one of the earliest Suurahs of the Koraan (lii 35-43), and in
other passages.

LETTER 03

Continuation of Mahurrum.�­Consecration of Banners.�­Durgah at Lucknow.�­Its origin explained.�­Regarded with peculiar veneration.�­The Nuwaub vows to build a new one.�­Its description.�­Procession to the Durgah.�­Najoomies.�­Influence possessed and practised by them.�­Eunuchs.�­Anecdotes of some having attained great honours and wealth.�­Presents bestowed upon them generally revert to the donor.�­Rich attire of male and female slaves.

After the Tazia is brought home (as the temporary ones are from the bazaar on the eve of Mahurrum, attended by a ceremonious display of persons, music, flags, flambeaux, &c.), there is little to remark of out-door parade beyond the continual activity of the multitude making the sacred visits to their several Emaum-baarahs, until the fifth day, when the banners are conveyed from each of them in solemn procession, to be consecrated at the Durgah[1] (literally translated, ‘The threshold’ or ’Entrance to a sanctified place’).

This custom is perhaps exclusively observed by the inhabitants of Lucknow, where I have had the privilege of acquiring a knowledge of the motives which guide most of their proceedings; and as there is a story attached to the Durgah, not generally known to European visitors, I propose relating it here, as it particularly tends to explain the reasons for the Mussulmauns conveying their banners for consecration to that celebrated shrine.

’A native of India�­I forget his name�­remarkable for his devotion and holy life, undertook the pilgrimage to Mecca; whilst engaged in these duties at the “holy house�, he was visited with a prophetic dream. Abass Ali (the standard-bearer and relation of Hosein) appeared to him in his dream, commanding him, that as soon as his duties at Mecca were fulfilled he should, without delay, proceed to Kraabaallah, to the tomb of Hosein; directing him, with great precision, how he was to find the exact spot of earth where was deposited the very Allum[2] (banner) of Hosein, which he (Abass Ali) had, on the great day of Kraabaallah, carried to the field. The man was further instructed to possess himself of this relic secretly, and convey it about his person until he should reach his native country, when he would be more fully directed by the orderings of Providence how the relic should be disposed of.

’The Hadjee followed all the injunctions he had received punctually; the exact spot was easily discovered, by the impressions from his dream; and, fearing the jealousy of the Arabs, he used the utmost precaution, working by night, to secure to himself the possession of so inestimable a prize, without exciting their suspicion, or attracting the notice of the numerous pilgrims who thronged the shrine by day. After several nights of severe labour he discovered, to his great joy, the metal crest of the banner; and concluding the banner and staff to have mouldered away, from their having been so long entombed in the earth, he cautiously secreted the crest about his person, and after enduring the many vicissitudes and privations, attendant on the long journey from Arabia to India, he finally succeeded in reaching Lucknow in safety with his prize.

’The Nuwaub Asof ood Duolah[3] ruled at this period in Oude; the pilgrim made his adventures known to him, narrating his dream, and the circumstances which led to his gaining possession of the crest. The Nuwaub gave full credence to his story, and became the holder of the relic himself, rewarding the Hadjee handsomely for his trouble, and gave immediate orders for a small building to be erected under the denomination of “Huzerut Abass Ali Ke Durgah",[4] in which the crest was safely deposited with due honours, and the fortunate pilgrim was appointed guardian with a liberal salary.

’In the course of time, this Durgah grew into great repute amongst the general classes of the Mussulmaun population, who, venerating their Emaum Hosein, had more than common respect for this trifle, which they believed had been used in his personal service. Here the public were permitted to offer their sacrifices and oblations to God, on occasions of importance to themselves; as after the performance of the rite of circumcision in particular, grand processions were formed conveying the youthful Mussulmaun, richly attired, attended by music, &c. and offering presents of money and sweetmeats at the shrine which contains their Emaum’s sacred relic. On these occasions the beggars of every denomination were benefited by the liberality of the grateful father, and the offerings at the shrine became the property of the guardian of the Durgah, who, it was expected, would deal out from his receipts to the necessitous as occasions served.’

This custom is still observed, with equal veneration for the shrine and its deposit; and when a lady recovers from the perils attendant on giving to her husband’s house a desired heir, she is conveyed, with all the pomp and parade due to her rank in life, to this Durgah, attended by her female relatives, friends, domestics, eunuchs, and slaves, in covered conveyances; in her train are gentlemen on horseback, in palkies, or on elephants, to do honour to the joyful event; the Guardian’s wife having charge on these occasions of the ladies’ visits; and the Guardian, with the gentlemen and all the males, guarding the sanctuary outside; for they are not permitted to enter whilst it is occupied by the ladies, the eunuchs alone having that privilege where females congregate.

Recovery from sickness, preservation from any grievous calamity, danger, or other event which excites grateful feelings, are the usual inducements to visiting the Durgah, with both males and females, amongst the Mussulmaun population of Lucknow. These recurrences yield ample stores of cash, clothes, &c. left at the disposal of the Guardian, who, if a good man, disperses these charitable donations amongst the indigent with a liberality equal to that of the donors in their various offerings.

The Durgah had grown into general respect, when a certain reigning Nuwaub was afflicted by a severe and tedious illness, which baffled the skill of his physicians, and resisted the power of the medicine resorted to for his recovery. A confidential Najoom[5] (astrologer), in the service of his Highness, of great repute in his profession, advised his master to make a vow, that ’If in the wisdom of Divine Providence his health should be restored, he would build a new Durgah on the site of the old one, to be dedicated to Abass Ali, and to be the shrine for the sacred deposit of the crest of Hosein’. The Nuwaub, it appears, recovered rapidly after the vow had been made, and he went in great pomp and state to return thanks to God in this Durgah, surrounded by the nobles and officers of his Court, and the whole strength of his establishment accompanied him on the occasion. So grand was the spectacle, that the old people of the city talk of it at this day as a scene never equalled in the annals of Lucknow, for splendour and magnificence; immense sums of money were distributed on the road to the populace, and at the Durgah; the multitude, of all classes, hailing his emancipation from the couch of sickness with deafening cheers of vociferous exultation.

In fulfilment of his vow, the Nuwaub gave immediate orders for erecting the magnificent edifice, which now graces the suburbs of Lucknow, about five miles from that part of the city usually occupied by the Sovereign Ruler of the province of Oude. By virtue of the Nuwaub’s vow and recovery, the before-respected Durgah has, thus newly built, increased in favour with the public; and, on account of the veneration they have for all that concerns their Emaums, the banners which adorn the Tazias of Hosein must be consecrated by being brought to this sacred edifice; where, by the condescending permission of the Sovereign, both the rich and the poor are with equal favour admitted, at that interesting period of Mahurrum, to view the crest of their Leader, and present their own banners to be touched and thus hallowed by the, to them, sacred relic. The crest is fixed to a staff, but no banner attached to it; this is placed within a high railing, supported by a platform, in the centre of the building; on either side splendid banners are exhibited on these occasions.

The Durgah is a square building, entered by flights of steps from the court-yard; the banner of each person is conveyed through the right entrance, opposite the platform, where it is immediately presented to touch the revered crest; this is only the work of a few seconds; that party walks on, and moves out to the left again into the court-yard; the next follows in rapid succession, and so on till all have performed this duty: by this arrangement, confusion is obviated; and, in the course of the day, perhaps forty or fifty thousand banners[6] may have touched the Emaum’s consecrated crest. On these occasions, the vast population of Lucknow may be imagined by the almost countless multitude, of every rank, who visit this Durgah: there is no tax levied on the people, but the sums collected must be immense, since every one conscientiously offers something, according to his inclination or his means, out of pure respect to the memory of Hosein.

The order of procession, appointed by each noble proprietor of banners, to be consecrated at the Durgah, forms a grand spectacle. There is no material difference in their countless numbers; the most wealthy and the meanest subjects of the province make displays commensurate with their ability, whilst those persons who make the most costly exhibitions enjoy the greatest share of popular favour, as it is considered a proof of their desire to do honour to the memory of Hosein and Hasan, their venerated Emaums.

A description of one, just passing my house, will give you a general idea of these processions,�­it belongs to a rich man of the city:�­A guard of soldiers surrounds four elephants on which several men are seated, on pads or cushions, supporting the banners; the staffs of several are of silver,�­the spread hand, and other crests, are formed of the same metal, set with precious stones. Each banner�­they all resemble�­is in the shape of a long scarf of rich silk, of bright florid colours, embroidered very deep at the ends, which are finished with gold and silver bullion fringes; it is caught together near the middle, and tied with rich gold and silver cords and tassels to the top of the staff, just under the hand or crest. The silks, I observe, are of many different colours, forming an agreeable variety, some blue, purple, green, yellow, &c. Red is not used; being the Soonies’ distinguishing colour at Mahurrum it is carefully avoided by the zealous Sheahs�­the Soonies are violently opposed to the celebration of this festival. After the elephants, a band of music follows, composed of every variety of Native instruments, with drums and fifes; the trumpets strike me as the greatest novelty in their band; some of them are very long and powerful in their effect.

Next in the order of procession I observe a man in deep mourning, supporting a black pole, on which two swords are suspended from a bow reversed�­the swords unsheathed glittering in the sun. The person who owns the banners, or his deputy, follows next on foot, attended by readers of the Musseeah, and a large party of friends in mourning. The readers select such passages as are particularly applicable to the part Abass Ali took in the affair at Kraabaallah, which is chanted at intervals, the procession pausing for that purpose.

Then comes Dhull Dhull,[7]�­the name of Hosein’s horse at Kraabaallah;�­that selected for the present purpose is a handsome white Arab, caparisoned according to the olden style of Arabia: due care is taken to represent the probable sufferings of both animal and rider, by the bloody horsecloth�­the red-stained legs�­and the arrows apparently sticking in several parts of his body; on the saddle is fixed a turban in the Arabian style, with the bow and arrows;�­the bridle, &c. are of very rich embroidery; the stirrups and mountings of solid silver. The horse and all its attire are given after Mahurrum, in charity, to a poor Syaad. Footmen, with the afthaadah[8] and chowrie[9]�­peculiar emblems of royalty in India�­attend Dhull Dhull. The friends of the family walk near the horse; then servants of all classes, to fill up the parade, and many foot-soldiers, who occasionally fire singly, giving to the whole description a military effect.

I have seen many other processions on these fifth days of Mahurrum�­they all partake of one style,�­some more splendid than others; and the very poor people parade their banners, with, perhaps, no other accompaniment than a single drum and fife, and the owner supporting his own banner.

My next letter will contain the procession of Mayndhie, which forms a grand feature of Mahurrum display on the seventh night.

P.S.�­The Najoomee are men generally with some learning, who, for their supposed skill in astrology, have, in all ages since Mahumud’s death, been more or less courted and venerated by the Mussulmaun people;�­I should say, with those who have not the fear of God stronger in their hearts than the love of the world and its vanities;�­the really religious people discountenance the whole system and pretended art of the astrologer.

It is wonderful the influence a Najoom acquires in the houses of many great men in India;�­wherever one of these idlers is entertained he is the oracle to be consulted on all occasions, whether the required solution be of the utmost importance, or the merest trifling subject. I know those who submit, with a childlike docility, to the Najoom’s opinion, when their better reason, if allowed to sway, would decide against the astrologer’s prediction. If Najoom says it is not proper for Nuwaub Sahib, or his Begum, to eat, to drink, to sleep, to take medicine, to go from home, to give away or accept a gift, or any other action which human reason is the best guide to decide upon, Najoom has said it,�­and Najoom must be right. Najoom can make peace or war, in the family he overrules, at his pleasure; and many are the houses divided against themselves by the wicked influence of a bad man, thus exercising his crafty wiles over the weakness of his credulous master.�­So much for Najoomee; and now for my second notice of the Eunuchs:�­[10]

They are in great request among the highest order of people, and from their long sojourn in a family, this class of beings are generally faithfully attached to the interest and welfare of their employer; they are much in the confidence of their master and mistress, and very seldom betray their trust. Being frequently purchased, whilst children, from the base wretches who have stolen them in infancy from the parental roof, they often grow up to a good old age with the family by whom they are adopted; they enjoy many privileges denied to other classes of slaves;�­are admitted at all hours and seasons to the zeenahnahs; and often, by the liberality of their patrons, become rich and honourable;�­still ’he is but a slave’, and when he dies, his property reverts to his owner.

In Oude there have been many instances of Eunuchs arriving to great honour, distinctions, and vast possessions. Al Mauss Ali Khaun[11] was of the number, within the recollection of many who survive him; he was the favoured Eunuch of the House of Oude; a person of great attainments, and gifted with a remarkably superior mind, he was appointed Collector over an immense tract of country, by the then reigning Nuwaub, whose councils he benefited by his great judgment. He lived to a good old age, in the unlimited confidence of his prince, and enjoyed the good will and affection of all who could appreciate what is valuable in honest integrity. He died as he had lived, in the most perfect resignation to whatever was the will of God, in whose mercy he trusted through time, and for eternity. Many of the old inhabitants speak of him with veneration and respect, declaring he was the perfect pattern for good Mussulmauns to imitate.

Another remarkable Eunuch, Affrine Khaun,[12] of the Court of Oude, is well remembered in the present generation also,�­the poor having lost a kind benefactor, and the rich a sensible companion, by his death. His vast property he had willed to others than the sovereign ruler of Oude (whose property he actually was), who sent, as is usual in these cases, to take possession of his estate, immediately after his death; the gates were barred, and the heirs the Eunuch had chosen to his immense wealth had taken possession; which I am not aware was disputed afterwards by the reigning Nuwaub, although by right of the Mussulmaun law, the Nuwaub owned both the slave and the slave’s wealth.

This accounts, perhaps, for the common practice in the higher circles of the Mussulmaun population, of heaping ornaments and riches on favourite slaves; the wealth thus expended at one time, is but a loan in the hands of safe keepers, to revert again to the original proprietor whenever required by the master, or no longer of service to the slave, who has neither power to bestow, nor heirs to benefit from the property he may leave when he dies.

I have frequently observed, among the most exalted ladies, that their female slaves are very often superbly dressed; and, on occasions of marriage ceremonies, or other scenes of festivity, they seem proud of taking them in their suite, handsomely dressed, and richly adorned with the precious metals, in armlets, bangles, chains, &c.; the lady thus adding to her own consequence by the display of her attendant slaves. The same may be observed with regard to gentlemen, who have men-slaves attending them, and who are very frequently attired in costly dresses, expensive shawls, and gold ornaments.

[1] Dargah, ‘(sacred) door-place’.

[2] ’Alam. For illustrations of those banners see Hughes,
Dictionary of Islam, 408 ff.; Mrs. Parks, Wanderings of a
Pilgrim, ii. 18.

[3] Asaf-ud-daula, eldest son of Nawab Shuja’-ud-daula, on whose
death in 1775 he succeeded. He changed the seat of government
from Faizabad to Lucknow, where he died in 1797, and was
buried in the Imambara. He is principally remembered for
his liberality. The merchants, on opening their shops, used to
sing:

Jisko na de Maula, Tisko de Asaf-ud-daula. Who from Heaven nought receiveth, To him Asaf-ud-daula giveth.

[4] Mr. H.C. Irwin informs me that the Dargah is situated on the
Crommelin Road, rather more than a mile south-west of the
Machhi Bhawan fort. It was here that Nawab Sa’adat
’Al’i, on his accession, vowed that he would reform his
ways�­an intention which was not realized.

[5] Nujumi, ‘an astrologer’; ’ilm-i-nujum, ’astrology,
astronomy’.

[6] The numbers are greatly exaggerated.

[7] Duldul was the name of the Prophet’s mule which he gave to
’Ali. It is often confounded with Buraq, the
Assyrian-looking gryphon on which he alleged that he flew to
Mecca.

[8] Aftabgir, ‘a sun-screen’; see p. 47.

[9] Chaunri, the bushy tail of the yak, used as a fly-flapper.

[10] Writing in 1849, General Sleeman remarks that Dom singers and eunuchs
are the virtual rulers of Oudh.�­A Journey through Oudh, i, introd.
lxi, 178.

[11] Almas [’the diamond’] ‘Ali Khan, known as Miyan [’Master’]
Almas, according to General Sleeman, was ’the greatest and best man
of any note that Oude has produced. He held for about forty years
Miyanganj and other districts, yielding to the Oude Government an
annual revenue of more than eighty lacs of rupees [about £850,000].
During this time he kept the people secure in life and property, and
as happy as people in such a state of society can be; and the whole
country under his charge was during his lifetime a garden. He lived
here in great magnificence, and was often visited by his sovereign.’
(Ibid., i. 320 f.). Lord Valentia more than once speaks highly of him
(Travels, i. 136, 241). He also notes that the Nawab was
anxiously watching for his death, because, being a slave, under
Muhammadan law his estates reverted to the Crown.�­See N.B.E. Baillie,
Digest of Moohummudan Law (1875), 367 f.

[12] Afrin Khan, ‘lord of praise’, Mr. Irwin informs me, is
mentioned in the Tarikh Farahbakhsh (tr. W. Hoey, 129) as
engaged in negotiations when Nawab Asaf-ud-daula, at the
instigation of Warren Hastings and Haidar Beg, was attempting to
extort money from the Nawab Begam.

LETTER 04

Mahurrum concluded.�­Night of Mayndhie.�­Emaum-baarah of the King of Oude.�­Procession to Shaah Nudghiff.�­Last day of Mahurrum.�­Chattahs. �­Musical instruments.�­Zeal of the Native gentlemen.�­Funeral obsequies over the Tazia at Kraabaallah.�­Sentiments of devout Mussulmauns.�­The fast followed by acts of charity.�­Remarks on the observance of Mahurrum.

The public display on the seventh Mahurrum is by torch-light, and called the night of Mayndhie,[1] intending to represent the marriage ceremony for Cossum, who, it will be remembered, in the sketch of the events of Kraabaallah, was married to his cousin Sakeena Koobraah, the favourite daughter of Hosein, on the morning of the celebrated battle.

This night presents to the public all the outward and showy parade which marks the Mayndhie procession of a real wedding ceremony, of which I propose speaking further in another place. This display at Mahurrum is attended with considerable expense; consequently, the very rich only observe the out-door formalities to be exhibited on this occasion; yet all classes, according to their means, remember the event, and celebrate it at home.

The Mayndhie procession of one great personage, in Native cities, is directed�­by previous arrangement�­to the Emaum-baarah of a superior. I was present, on one occasion, when the Mayndhie of the Prime Minister of Oude was sent to the King’s Emaum-baarah, called Shaah Nudghiff,[2]�­from the mausoleum of Ali, of which it is an exact representation, on a small scale.

It is situated near the banks of the river Goomtie,[3] some distance from the palace at Lucknow; the entrance to the outer court, or quadrangle, is by a handsome gateway of brickwork plastered and polished, resembling marble. On each side of the gateway, and carried up the two sides, in a line with the building, are distinct apartments, designed for the abode of the distressed and houseless poor; the back of these apartments forms a substantial wall or enclosure. The Shaah Nudghiff faces the gateway, and appears to be a square building, on a broad base of flights of steps, with a cupola roof; the interior is paved with black and white marble tesselated, the walls and dome neatly ornamented with plaster and gold in relief, the beading, cornices, &c. of gold, to correspond on a stone-colour ground. The cupola and cornices on the outside are richly ornamented with plaster designs, relieved with gold; on the summit of the dome is placed a crown, of pure silver, gilt, of an immense size.

The decorations of the interior, for the season of Mahurrum, were on a scale of grandeur not easily to be conveyed by description. The walls were well covered with handsome glasses and mirrors; the splendid chandeliers,�­one containing a hundred wax lights,�­in every variety, and relieved with coloured lamps�­amber, blue, and green,�­mellowing the light, and giving a fairy-like effect to the brilliant scene. In the centre of the building stood the green glass Tazia, surrounded by wax lights; on the right of which was placed an immense lion, and on the left, a fish,[4] both formed of the same bright emerald-green glass as the Tazia. The richness and elegance of the banners,�­which were numerous and well arranged,�­could be equalled only by the costliness of their several mountings.

In Asiatic buildings niches and recesses prevail in all convenient situations, and here they are appropriated for the reception of the relics of antiquity and curiosities; such as models of Mecca, the tent of Hosein, the gate of Kraabaallah, &c.; these three are made of pure silver, and rest on tables of the same metal. Many curious sabres, of all ages, shields, chain armour of the ancients, lances, &c., arranged with much taste, adorn the interior.

The pulpit (mhembur) is of silver, and of very handsome workmanship; the whole of the fitting up and arrangements had been made under the eye of his Majesty, and to his good taste may be ascribed all the merit of the well-ordered display for these occasions. He delighted in visiting this place, which he not only designed as a tribute of his respect to the Emaums, but as the future repository for his own remains, when this world should cease to be his place of joy, or anxious care. His intention has been fulfilled�­he died in 1827, aged fifty years, much and justly beloved and regretted by all who knew him; his funeral obsequies were impressively grand, according to Mussulmaun custom. This good and amiable King was succeeded by his only son Nusseer ood deen Hyder,[5] who had just completed his twenty-second year when he began to reign.

On the evening of Mayndhie, the crowds of admiring people were admitted to view their Paidshah’s (King’s) exhibition; until the distant sounds of musketry announced the approach of the spectacle, when the multitude were desired to quit the Emaum-baarah. Hundreds still lingering, could not be prevailed on to depart, except by the stripes dealt out unsparingly from the whips of the hurkaarahs[6] and peons, appointed to keep order on the occasion. The place cleared, and quiet restored, I had leisure to view the fairy-like palace of splendour, before the bustle of the procession reached the building. I could hardly persuade myself the picture before me was not a dream, instead of a reality.

I stood at the entrance to watch the approach of the minister’s train, through the gateway into the illuminated quadrangle. Spacious as this court-yard is, it was nearly filled with the many people forming the Mayndhie parade. I should imagine there could not be less than three thousand souls engaged in this service, including the match-lock soldiery. Several trays of Mayndhie are brought, with the other requisites for the usual forms of marriage gifts, such as sweetmeats, dried fruits, garlands of sweet jasmine, imitative beds of flowers, composed of uberuck: in some of the flowers, fireworks were concealed, to be let off in the quadrangle. An imitative tomb on a bier is also paraded, together with the palkie and chundole of silver, which are the covered conveyances for females of the royal family, or such of the nobility as are privileged by grants from the crown; all other females use the covered palkie, mahanah, dhollee, and the rutt.[7] Several bands of music follow, and torches out of number. The elephants, camels, cavalry, &c., are left in the open space, outside the gateway�­the gentlemen, dismounting, enter with Dhull Dhull and the trays of Mayndhie.

I trembled for the probable destruction of the brilliant ornaments in the Emaum-baarah, when I heard the noble animal was to make the circuit round the Tazia. Dhull Dhull, being led in, went up the steps with little difficulty; and to my astonishment, the gentle creature paced the tesselated floor, in very slow time, without once slipping, or seeming concerned at the novelty of his situation; indeed, this docile animal seemed to me the only living thing present that felt no interest in the scene�­rendered more attractive and conspicuous by the gentle manners of the pretty Dhull Dhull himself. The circuit being made, he was conducted back into the court-yard, without the slightest accident or confusion occurring during his visit to the Emaum-baarah.

The model of the tomb of Cossum, the chundole and palkie, the trays of Mayndhie, sweetmeats, &c. were deposited here until the tenth day, when they accompany the King’s temporary Tazia cavalcade to Kraabaallah for interment.

The ceremonies performed on this night of Mayndhie resemble, in every particular, those of the same rank of persons on the actual solemnization of a wedding, even to the distribution of money amongst the populace who crowd in multitudes on such occasions, though apparently more eager for the prize than the sight.

The most imposing spectacle in the celebration of Mahurrum, is reserved for the last day;[8] and, judging from the activity of all classes, the zealous exertions of the multitude, the deep interest marked on every face, male and female, a mere spectator might well imagine this morning to be of more importance than any other in the Mussulmaun’s catalogue of days.

At the earliest hour of the dawning day, the preparations for the march being complete,�­which had occupied the hours usually devoted to sleep,�­the streets and roads present a very animated picture. From the bustle and outpouring of the multitude, on this one absorbing engagement, a stranger might be led back in imagination to the flight from Egypt; the object, however, is very different from that of the children of Israel. The order of the day being to commemorate the death of Hosein, a grand military funeral is pourtrayed in each person’s cavalcade, all pressing forward to their chosen Kraabaallah,�­the poor man, with his humble Tazia and flags, falling in the rear of the more affluent person’s display, as well for protection as for speed. There is so much of similarity in these processions, that the description of one will be sufficient to convey the idea of the whole, as they pass on in succession to the chosen place of burial.[9]

The consecrated banners take the precedence, in the order of march, carried by men on elephants; then a band of music. Next comes the jillewdhar[10] (sword-bearer), supporting, on a black staff, the bow reversed, with brilliant swords suspended; on each side of him are men bearing black poles, on which are fixed immense long streamers of black unspun silk,�­designed to symbolize grief, despair, &c.

Then follows the horse, caparisoned as on the day of consecrating the banners; it is attended by servants, in the same order as when a prince rides out,�­viz. a man with the afthaadah[11] (or sun),�­the well-dressed grooms, holding the bridle rein on either side,�­a man with the chowrie of peacock’s feathers in a silver handle,�­chobdhaahs[12] with long silver and gold staffs,�­sota badhaahs,[13] with short staffs resembling fish, of the same materials,�­hurkaarahs (running-footmen, or messengers), bearing small triangular banners with silver handles,�­shoe-bearers, &c.

The royal chattah[14] (umbrella), of embroidered velvet, is supported over the head of Dhull Dhull. This article in its plain garb, so generally used in Europe, is, in Hindoostaun, an original distinguishing mark of royalty, gracing the King’s throne in lieu of a canopy. In Oude, the chattah cannot be used by the subject when in view of the sovereign; if the King’s dunkah[15] be heard abroad, the people hide their chattahs, and even descend from their carriages, elephants, horses, or palkies, standing with their hands folded, in all humility, to make obeisance to the King,�­resuming them only when the royal cortège has moved out of sight. I have known many of the first nobility in the Court of Oude, and English gentlemen in the King’s suite, exposed to the rays of the morning sun, during the hottest season of the year; in these airings, the King alone has the benefit of a chattah, except the Resident happens to be of the party, who being always received as an equal, is privileged to the chattah, the chowrie, and the hookha; indulgences of which those only who have lived in India can possibly estimate the true value.

But to my subject:�­The saddle is adorned with Hosein’s chain armour, gold turban, a richly set sword, with an embroidered belt: some of the family and friends attend respectfully near the horse. Then follow the bearers of incense, in gold censers, suspended to chains, which they wave about, fumigating the air with the refreshing smell of lahbaun,[16]�­a sweet-scented resin from the cedar of Lebanon, I imagine, though some suppose it to be the frankincense noticed in Scripture.

Next in the cavalcade is a chanter or reader of the Musseeah, who selects passages from that well-arranged work suited to the time when Hosein’s person was the mark for Yuzeed’s arrows, and which describe his conduct on the trying occasion; one or two couplets being chanted, the procession advances in slow time, halting every five minutes on the way from the beginning to the end of the march. The reader is attended by the proprietor of the Tazia display, and his many relatives and friends, bare-footed, and without any covering on their heads;�­many of these persons throw chaff on their heads,[17] expressive of grief, and whilst the Musseeah is chanted, their boisterous expressions of sorrow are painfully severe to the mere observer of the scene.

The Tazia then follows, surrounded by banners, and covered with a canopy upheld by silver poles in the hands of the supporters, according to the general style of conveying their dead at the funerals of the Mussulmauns. The canopy is of green, bordered and embroidered with gold. The model of Cossum’s tomb follows in succession, which is covered with gold cloth, and has a canopy also supported over it, in the same way, by poles carried by several men. The palkie and chundole of silver and tissue are next seen; the trays of Mayndhie, the flowers of uberuck, and the other paraphernalia of the marriage ceremony, follow in due order. Then the camels and elephants, conveying the tent equipage and luggage of Hosein, form a long train, representing the supposed style of his march from Medina to Kraabaallah.

The last and most judicious feature in the arrangement is the several elephants with confidential servants, distributing bread and money to the poor, who are thus attracted to the rear in countless numbers, leaving the cavalcade in quiet possession of the space of roadway uncrowded by the multitude. The bread given on these occasions is in great esteem amongst the females, who receive a small portion from the followers on their return from Kraabaallah with veneration, for the Emaum’s sake, in whose name it is given. I have often been led to the remembrance of past times by this act of theirs, when the cross-buns of Good-Friday were esteemed by the aged women as possessing virtues beyond the mere substance of the cake.

The whole line of march is guarded in each procession by burkhandhars[18] (matchlock men), who fire singly, at intervals on the way. Several bands of music are dispersed in the cavalcade, performing solemn dirge-like airs, peculiar to the style of composition in Hindoostaun and well-suited to the occasion�­muffled drums and shrill trumpets, imitating the reiteration of ‘Hasan, Hosein’, when Mortem is performed. I remember a fine female elephant, belonging to King Ghauzee ood deen Hyder, which had been so well instructed, as to keep time with the soundings from her proboscis with the occasional Mortems. I cannot say that she clearly pronounced the names of the two sons of Ali, yet the regularity of keeping time with the music and the human voices was of itself sufficient to excite admiration�­the Natives declare that she pronounces the names distinctly. Her name is Hoseinie, the feminine of Hosein.

Amongst the many varieties of Native musical instruments I have seen in India, the kettle-drum is the most simple and singular, which I will take the liberty of describing:�­It is of well-baked earth, moulded in the usual way, and very similar in shape to those of the Royal Horse Guards. A globe of the common size, divided into exact halves, would be about the dimension and shape of a pair of Indian manufacture; the parchment is strained over the open mouth, with a thin hoop to fix it firm; the slightest pressure with the fingers on this hoop draws it into tune. The simplicity of this accompaniment to the human voice, when touched by the fingers, very much in the way Europeans use the tambourine, is only to be appreciated by those who have been long acquainted with the sound. The only time when it is beaten with sticks is, when used as dunkahs, before the King and Queen, on their appearing in public�­a sort of alarum to warn obstructing hackeries, or carriages, to move out of the way.

I have occasionally observed a singular mode of imitating the sound of cavalry going over hard ground, adopted in the processions of great men on the tenth of Mahurrum; the contrivance is called chuckee,[19] and composed of ebony, or some equally hard wood, the shape and size of a pocket globe, divided into halves; each person, having the pair, beats them with a particular tact on the flat surface, so as to produce the desired sound of horses galloping; and where from fifty to a hundred men, or more, are engaged in this performance, the resemblance may be easily conceived.

There are many little observances, not of sufficient importance to make them general to all who keep Mahurrum, that need not here be detailed;�­but one must not be omitted, as it is a feature in the domestic observances of Mussulmauns. On the Tazias, when about to be conveyed to Kraabaallah, I discovered small portions of corn, rice, bread, fruits, flowers, cups of water, &c.;�­this is in keeping with the Mussulmaun funerals, who invariably convey food to the tomb with their dead.[1] For the same reason, at Mahurrum, camphor and rosewater are always carried with the Tazia to Kraabaallah, although there is not the same occasion for the articles, as will be observed when the burial service is explained.

I have seen females of rank, with their own hands, place red and green wax lights in front of the Tazia in their halls, on the night of Mayndhie. I was told, in answer to my inquiry, What was meant by the solemn process I had witnessed?�­that these ladies had some petition to make, for which they sought the Emaum’s intercession at the throne of mercy. The red light was for Hosein, who died in battle; the green for Hasan, who died by poison,�­which these colours symbolize; and that those females place great dependance on the fulfilment of their desires, who thus present to their Emaums the wax lights on the night of Mayndhie.

I have remarked that the noblemen and gentlemen generally engaged in the service of celebrating Mahurrum, walk on the tenth morning with their heads bare and their feet uncovered from their homes to the burial ground[2] called Kraabaallah, whatever may be the distance,�­perhaps four or five miles,�­exposed to the fiery rays of the sun: some persons, who on this occasion are very scrupulous in thus humbling their nature, walk back again in the same manner, after the funeral ceremony has been duly gone through at Kraabaallah. The magnitude of this undertaking can be only well understood by those who have experienced the state of an atmosphere in the shady rooms of a large house, when the thermometer ranges from eighty-four to eighty-eight, or even ninety degrees; and when, if you venture to the verandah for a few seconds, the flames of heated wind are not only insupportable to Europeans, but frequently produce severe attacks of fever. The luxurious habits of the Eastern great men may be well recollected when counting over the proofs of zeal exhibited in this undertaking, where every selfish consideration for the time is banished. The nobility (or indeed any one who lays the slightest claim to gentility) never walk from one house to another during their lives, but at this particular season; even in their gardens indulging in whatever luxury they may boast, by being conveyed round in their palkie, or thonjaun[22]�­a chair with poles, supported by bearers. On the tenth day, the good Mussulmauns rigidly fast until after the third watch; not even a drop of water, or the hookha, enters their mouths;�­as they believe Hosein’s sufferings only concluded just before the third watch, they cautiously abstain from indulgences, until that hour has passed.

The procession having reached Kraabaallah, the whole ceremony of a funeral is gone through. The Tazia is committed to the grave with equal solemnity to that which is observed when their dead are deposited in the tomb: this occupies some time. I never witnessed the movements at Kraabaallah,�­the season of the year, the confusion, and the anticipated feuds between Sheahs and Soonies, ever deterred me from gratifying my curiosity. It is always expected that the bad feelings between the two sects, amongst the lower orders of the people, may produce a real battle on the imitative ground of Kraabaallah; and I have heard of many such terminations of the Mahurrum at Lucknow, where the enthusiastic Sheahs and Soonies�­having reserved their long hatred for a favourable opportunity of giving it vent,[23]�­have found an early grave on the very ground to which their Tazia has been consigned. Private quarrels are often reserved for decision on the field of Kraabaallah.

I may here remark, swords form a part of every man’s daily costume, from the king to the poorest peasant; save only the devout men, who having forsaken the world have no occasion for a sword. I have often heard them say, ’My trust is not resting on a morsel of steel, but on the great mercy of my God’.�­’What shall I defend? my life? Where is the arm that can assault me without the permission of my God; if He ordains it, should I murmur, or ward off the blow?’�­’Is it my worldly goods I am to defend? From whose bounty have I received them? Is not the great Giver able to defend His gifts? and if He wills that I should lose them, what shall I say, but as Yoube[24] (Job) said, “It is the Lord, to do His own will�; blessed be His great name for ever.’ These are the sentiments of the devout men of all creeds; and these are likewise the exemplary opinions of some good Mussulmauns I have known in India.

Returned to their home, the rich men are occupied in dispensing benefits among the poor. Food, money, and clothes, are distributed in nearly as great proportions as when they have to mourn over a recent separation by death from a beloved relative. The clothes worn during Mahurrum are never retained for the next occasion, but always distributed amongst the poor, who derive so many advantages from the annual commemoration of Mahurrum, that the philanthropic heart will rather be pleased than vexed at the zeal which produces such a harvest of benefits to the necessitous.

The riches of a native city may be calculated by the immense sums expended at Mahurrum every year; and if no greater advantage be derived from the gorgeous display of the wealthy, than the stimulus to honest industry amongst the several trades, whose labour is brought into use on these occasions, there is enough in the result to excuse the expenditure of surplus cash in apparent trifles. This, however, is strictly the result, not the design, of those expensive displayers at Mahurrum, who are actuated solely by fervent zeal, in keeping a continued remembrance of the sufferings of their Emaums, and doing honour to their memory.

It is not my province either to praise or condemn, but merely to mark out what I observe of singularity in the habits, manners, and customs of the Mussulmauns, in whose domestic circles I have been so many years a sojourner. On the subject which my pen has faintly traced to your view,�­the celebration of Mahurrum,�­I cannot refrain from offering one remark; I think them to be actuated by so fervent a zeal, that if they could believe with me, that whatever we do in this life is for Eternity, they would still persevere in this their supposed duty of honouring their Emaums.

[1] Mendhi in its primary sense is the plant Lawsonia alba, the
leaves of which are used for dyeing the hands and feet of the bride
and bridegroom; hence, the marriage rites on this occasion.

[2] This edifice was built under the superintendence of Ghauzee ood deen
Hyder, first King of Oude; and it is here his remains are deposited.
May his soul rest in peace! [Author.] [This building was named after
Shah Najaf or Najaf Ashraf, the scene of the martyrdom of ’Ali,
120 miles south-west of Baghdad. The capture of the Shah Najaf, in
which the guns of Captain Peel played a leading part, was a notable
incident in the relief of Lucknow by Sir Colin Campbell.�­T.R.E.
Holmes, History of the Indian Mutiny (1885), 398 ff.]

[3] The Gumti, Gomati, ‘abounding in cattle’.

[4] The fish is a symbol of sovereignty, or authority emanating from the
sovereign, in Hindoostaun, since the period of Timour.�­Possessors of
Jaghires, Collectors of Districts, &c., have permission to use the
fish, in the decorations on their flags, in the way similar to our
armorial bearings. In Oude the fish is represented in many useful
articles�­pleasure boats, carriages, &c. Some of the King’s Chobdhaars
carry a staff representing a gold or silver fish. [Author.] [The
Order of the Fish (mahi maratib) is said to have been founded
by Khusru Parviz, King of Persia (A.D. 591-628), and thence
passed to the Moghul Emperors of Delhi and to the Court of Oudh.�­W.H.
Sleeman, Rambles and Recollections, ed. V.A. Smith, 135 ff.]

[5] Nasir-ud-din Haidar, son of Ghazi-ud-din Haidar, whom
he succeeded in 1827, died, poisoned by his own family, in 1837. ’He
differed from his father, Ghazi-ud-din Haidar, in being
considerably more debauched and disreputable. His father had been an
outwardly decent hedonist and voluptuary, but the son was under no
restraints of any sort or kind, and it is probable that his character
was not unfavourably depicted in that highly coloured sketch, “The
Private Life of an Eastern King� (by W. Knighton, 1855). “Any one�, we
are told, “was his friend who would drink with him,� and his whole
reign was one continued satire upon the subsidiary and protected
system.’�­H.C. Irwin, The Garden of India, p. 117.

[6] Harkara, ‘a messenger, orderly’.

[7] Palki, the common palanquin or litter; chandol, usually carried
by four men at each end (a drawing representing one carried by twelve
men will be found in N. Manucci, Storia do Mogor, iv. 32, and see ii.
76 f.;) miyana, a middle-sized litter out of which the type used
by Europeans was developed; the Anglo-Indian ‘dhooly’, properly
duli; the rath is a kind of bullock-carriage, often with
four wheels, used by women and by portly merchants.

[8] Known as ’Ashura.

[9] See a graphic account of the procession at Bombay in Sir G. Birdwood,
Sva, 177 ff.

[10] Jilaudar, Jalaudar, properly an attendant holding the bridle
of a mounted officer or magnate.

[11] The afthaadah is a sun embroidered on crimson velvet, both sides the
same, and fixed on a circular framework, about two yards in
circumference; this is attached to a silver or gold staff, the circle
deeply and fully flounced with gold brocade, or rich silk bound with
silver ribands. The person riding is sheltered from the rays of the
sun by the afthaadah being carried in an elevated position.
[Author.] (See p. 38.)

[12] Chobdar, ‘a stick-or staff-bearer’.

[13] Sontabardar, ‘a bearer of the silver stick or mace’.

[14] Chhata, a mark of dignity in the East.

[15] Danka, ‘a kettle-drum’.

[16] Loban, luban, frankincense, olibanum, procured from various
species of Boswellia.

[17] As early as A.D. 1000 the people of Baghdad used to throw dust and
ashes about the streets, and dress in black sackcloth on the
anniversary of the death of Husain (Ockley, History of the Saracens,
418). The custom was common among the Hebrews (Isaiah iii. 26, xlvii.
1; Job ii. 8, & c.). Robertson Smith suggests that the dust was
originally taken from the grave, and the ashes from the funeral pyre
(Religion, of the Semites, 413).

[18] Barqandaz, ‘lightning-darter’.

[19] Charkhi; the description is reproduced, without acknowledgement,
by Mrs. Parks, Wanderings of a Pilgrim, i. 299.

[20] The practice of offering food to the dead is an Indian innovation on
Musalman practice; it is based on the Hindu custom of offering
flour-balls (pinda) to the spirit of the dead man.

[21] This was a Hebrew practice, condemned by the prophets (2 Samuel
xv. 30; Ezekiel xxiv. 17).

[22] Tamjhan, thamjan, the Anglo-Indian ‘tonjon’ or
‘tomjohn’, the derivation of which is obscure. See Yule,
Hobson-Jobson[2], 930 f.

[23] Ill-feeling between Sunnis and Shi’ahs is not universal in
India. ’Though the Sunnis consider the Shi’ah observances as
impious, they look on with the contempt of indifference. The fact that
the British Government punishes all who break the peace may have
something to do with this. Still the Sunni and the Shi’ah in
India live on much better terms, and have more respect for each other
than the Turk has for the Persian, or the Persian for the Turk. Some
Musalman poets, indeed, are both Sunnis and Shi’ahs.’�­E.
Sell, The Faith of Islam, 292 f.; cf. p. 14.

[24] Aiyub.

LETTER 05

Time.�­How divided in Hindoostaun.�­Observances after Mahurrum.�­Luxuries and enjoyments resumed.�­Black dye used by the ladies.�­Their nose-ring.�­Number of rings worn in their ears.�­Mode of dressing their hair.�­Aversion to our tooth-brushes.�­Toilet of the ladies.�­The Pyjaamahs.�­The Ungeeah (bodice).�­The Courtie.�­The Deputtah.�­Reception of a superior or elder amongst the ladies.�­Their fondness for jewels.�­Their shoes.�­The state of society amongst the Mussulmaun ladies.�­Their conversational endowments.�­Remarks upon the fashion and duty of beards.

In my last I alluded to the ‘third watch’; it will now, perhaps, be necessary to explain the divisions of time, as observed by the Mussulmauns of Hindoostaun.

The day is divided into four equal parts, or watches, denominated purrhs[1]; as, first purrh, second purrh, &c. The night is also divided into four purrhs, each of which is subdivided into ghurries[2] (hours), varying in number with the changes of season; the longest days require eight ghurries to one purrh; the shortest, only six. The same division is observed for the night. The day is reckoned from the earliest dawn to the last decline of light:�­there is very little twilight in the Upper Provinces of India.

By this method of calculating time, you will understand that they have no occasion for those useful, correct, mechanical time-keepers, in general use in Europe; but they have a simple method of measuring the hour, by means of a brass vessel, with a small aperture at the bottom, which, being floated on a tank or large pan of water, one drop to a second of time forces its way through the aperture into the floating vessel, on which marks are made outside and in, to direct the number of ghurries by the depth of water drawn into it; and in some places, a certain division of time is marked by the sinking of the vessel. Each hour, as it passes, is struck by the man on duty with a hammer on a broad plate of bell-metal, suspended to the branch of a tree, or to a rail;�­the gong of an English showman at the country fairs is the exact resemblance of the metal plates used in India for striking the hours on, and must, I think, have been introduced into England from the East.

The durwaun (gate-keeper), or the chokeedhars (watchmen), keep the time.[3] In most establishments the watchmen are on guard two at a time, and are relieved at every watch, day and night. On these men devolves the care of observing the advance of time by the floating vessel, and striking the hour, in which duty they are required to be punctual, as many of the Mussulmauns’ services of prayer are scrupulously performed at the appointed hours, which will be more particularly explained when their creed is brought forward in a future Letter; and now, after this digression, I will pursue my subject.

When a member of the Mussulmaun family dies, the master of the house mourns forty days, during which period the razor is laid aside.[4] In the same manner the devout Mussulmaun mourns every year for his martyred Emaums; this, however, is confined to the most religious men; the general practice of the many is to throw off their mourning garb and restore the razor to its duties on the third day after the observances of Mahurrum have terminated.

It is stated, on the authority of ancient Arabian writers, on whose veracity all Mussulmauns rely, that the head of Hosein being taken to Yuzeed, one of his many wives solicited and received the head, which she gave to the family of the martyred leader, who were prisoners to the King, and that they contrived to have it conveyed to Kraabaallah, where it was deposited in the same grave with his body on the fortieth day after the battle.[5]

When a death occurs in a Mussulmaun family, the survivor provides dinners on the third, seventh, and fortieth days succeeding, in memory of the deceased person; these dinners are sent in trays to the immediate relatives and friends of the party,�­on which sacred occasion all the poor and the beggars are sought to share the rich food provided. The like customs are observed for Hosein every year. The third day offering is chiefly composed of sugar, ghee, and flour, and called meetah[6]; it is of the consistence of our rice-puddings, and whether the dainty is sent to a king or a beggar there is but one style in the presentation�­all is served in the common brown earthen dish,�­in imitation of the humility of Hosein and his family, who seldom used any other in their domestic circle. The dishes of meetah are accompanied with the many varieties of bread common to Hindoostaun, without leaven, as sheah-maul,[7] bacherkaunie,[8] chapaatie,[9] &c.; the first two have milk and ghee mixed with the flour, and nearly resemble our pie-crust. I must here stay to remark one custom I have observed amongst Natives: they never cook food whilst a dead body remains in the house;[10] as soon as it is known amongst a circle of friends that a person is dead, ready-dressed dinners are forwarded to the house for them, no one fancying he is conferring a kindness, but fulfilling a duty.

The third day after the accomplishment of the Mahurrum ceremonies is a busy time with the inmates of zeenahnahs, when generally the mourning garb is thrown off, and preparations commence at an early hour in the morning for bathing and replacing the banished ornaments. Abstinence and privation being no longer deemed meritorious by the Mussulmauns, the pawn�­the dear delightful pawn, which constitutes the greatest possible luxury to the Natives,�­pours in from the bazaar, to gladden the eye and rejoice the heart of all classes, who after this temporary self-denial enjoy the luxury with increased zest.

Again the missee[11] (a preparation of antimony) is applied to the lips, the gums, and occasionally to the teeth of every married lady, who emulate each other in the rich black produced;�­such is the difference of taste as regards beauty;�­where we admire the coral hue, with the females of Hindoostaun, Nature is defaced by the application of black dye. The eyelid also is pencilled afresh with prepared black, called kaarjil[12]: the chief ingredient in this preparation is lampblack. The eyebrow is well examined for fear an ill-shaped hair should impair the symmetry of that arch esteemed a beauty in every clime, though all do not, perhaps, exercise an equal care with Eastern dames to preserve order in its growth. The mayndhie is again applied to the hands and feet, which restores the bright red hue deemed so becoming and healthy.

The nose once more is destined to receive the nutt[13] (ring) which designates the married lady; this ring, I have before mentioned, is of gold wire, the pearls and ruby between them are of great value, and I have seen many ladies wear the nutt as large in circumference as the bangle on her wrist, though of course much lighter; it is often worn so large, that at meals they are obliged to hold it apart from the face with the left hand, whilst conveying food to the mouth with the other. This nutt, however, from ancient custom, is indispensable with married women, and though they may find it disagreeable and inconvenient, it cannot possibly be removed, except for Mahurrum, from the day of their marriage until their death or widowhood, without infringing on the originality of their customs, in adhering to which they take so much pride.

The ears of the females are pierced in many places; the gold or silver rings return to their several stations after Mahurrum, forming a broad fringe of the precious metals on each side the head; but when they dress for great events,�­as paying visits or receiving company,�­these give place to strings of pearls and emeralds, which fall in rows from the upper part of the ear to the shoulder in a graceful, elegant style. My ayah, a very plain old woman, has no less than ten silver rings in one ear and nine in the other,[15] each of them having pendant ornaments; indeed, her ears are literally fringed with silver.

After the hair has undergone all the ceremonies of washing, drying, and anointing with the sweet jessamine oil of India, it is drawn with great precision from the forehead to the back, where it is twisted into a queue which generally reaches below the waist; the ends are finished with strips of red silk and silver ribands entwined with the hair, and terminating with a good-sized rosette. The hair is jet black, without a single variation of tinge, and luxuriantly long and thick, and thus dressed remains for the week,�­about the usual interval between their laborious process of bathing;�­nor can they conceive the comfort other people find in frequent brushing and combing the hair. Brushes for the head and the teeth have not yet been introduced into Native families, nor is it ever likely they will, unless some other material than pigs’ bristles can be rendered available by the manufacturers for the present purposes of brushes. The swine is altogether considered abominable to Mussulmauns; and such is their detestation of the unclean animal that the most angry epithet from a master to a slave would be to call him ’seur’[15] (swine).

It must not, however, be supposed that the Natives neglect their teeth; they are the most particular people living in this respect, as they never eat or drink without washing their mouths before and after meals; and as a substitute for our tooth-brush, they make a new one every day from the tender branch of a tree or shrub,�­as the pomegranate, the neem,[16] babool,[17] &c. The fresh-broken twig is bruised and made pliant at the extremity, after the bark or rind is stripped from it, and with this the men preserve the enamelled-looking white teeth which excite the admiration of strangers; and which, though often envied, I fancy, are never surpassed by European ingenuity.

As I have rather prematurely introduced the Native ladies’ style of dress into this Letter, I may as well conclude the whole business of their toilet under the present head, instead of reserving the detail of the subject for a future Letter when the zeenahnah is to be described, and accordingly proceed to tell you that the ladies’ pyjaamahs are formed of rich satin, or gold cloth, goolbudden,[18] or mussheroo[19] (striped washing silks manufactured at Benares), fine chintz,�­English manufacture having the preference,�­silk or cotton ginghams,�­in short, all such materials are used for this article of female dress as are of sufficiently firm texture, down to the white calico of the country, suited to the means of the wearer. By the most fashionable females they are worn very full below the knee, and reach to the feet, which are partially covered by the fulness, the extremity finished and the seams are bound with silver riband; a very broad silver riband binds the top of the pyjaamah; this being double has a zarbund[20] (a silk net cord) run through, by which this part of the dress is confined at the waist. The ends of the zarbund are finished with rich tassels of gold and silver, curiously and expressly made for this purpose, which extend below the knees: for full dress, these tassels are rendered magnificent with pearls and jewels.

One universal shape is adopted in the form of the ungeeah[21] (bodice), which is, however, much varied in the material and ornamental part; some are of gauze or net, muslin, &c., the more transparent in texture the more agreeable to taste, and all are more or less ornamented with spangles and silver trimmings. It is made to fit the bust with great exactness, and to fasten behind with strong cotton cords; the sleeves are very short and tight, and finished with some fanciful embroidery or silver riband. Even the women servants pride themselves on pretty ungeeahs, and all will strive to have a little finery about them, however coarse the material it is formed of may happen to be. They are never removed at night but continue to be worn a week together, unless its beauty fades earlier, or the ornamental parts tarnish through extreme heat.

With the ungeeah is worn a transparent courtie (literally translated shirt) of thread net; this covers the waistband of the pyjaamah but does not screen it; the seams and hems are trimmed with silver or gold ribands.

The deputtah is a useful envelope, and the most graceful part of the whole female costume. In shape and size, a large sheet will convey an idea of the deputtah’s dimensions; the quality depends on choice or circumstances; the preference is given to our light English manufacture of leno or muslin for every-day wear by gentlewomen; but on gala days, gold and silver gauze tissues are in great request, as is also fine India muslin manufactured at Decca�­transparent and soft as the web of the gossamer spider;�­this is called shubnum[22] (night dew), from its delicate texture, and is procured at a great expense, even in India; some deputtahs are formed of gold-worked muslin, English crape, coloured gauze, &c. On ordinary occasions ladies wear them simply bound with silver riband, but for dress they are richly trimmed with embroidery and bullion fringes, which add much to the splendour of the scene, when two or three hundred females are collected together in their assemblies. The deputtah is worn with much original taste on the back of the head, and falls in graceful folds over the person; when standing, it is crossed in front, one end partially screening the figure, the other thrown over the opposite shoulder.

I should say they rarely stand; but when distinguished guests, or their elders amongst relatives, are announced, this mark of respect is never omitted. It is an interesting sight, as they have much ease and grace in their manner, which no tutoring could impart; they rise and arrange their drapery, advance a few steps from their place in the hall, and embrace their visitor thrice in due form, ending by salaaming, with the head bowed very low towards the ground and the open hand raised to the forehead, three times in succession, with solemnity and dignity.

I have told you, in a former Letter, how many precious ornaments were laid aside on the eve of Mahurrum, and need hardly describe them again. Their fondness for good jewellery perhaps exceeds the same propensity in any other females on the globe: the rude workmanship of Native jewellers is never an object of weighty consideration, provided the precious metals are unalloyed in quality. The same may be remarked in their selection of jewels: pearls of the largest size, even when discoloured or misshapen, are selected in preference to the most regular in form and colour, of a smaller size; large diamonds, having flaws, are often preferred to smaller ones most perfect. The gentlemen are good judges of precious stones, and evince some taste in their style of ornaments; they are worn on their turbans, and in necklaces or harrhs[23]�­rings, armlets, &c.; but these are all laid aside at seasons of devotion, when they are restricted wearing, not only ornaments, but mixed articles of silk and wool in their apparel. The most religious men and women invariably abstain from ornamental dress in every way, deeming it frivolous vanity, and inconsistent with that they profess�­’to be seeking God, and forsaking worldly things’.

The ladies never wear stockings,[24] and only cover the feet with shoes when pacing across their court-yard, which bounds their view and their walks. Nevertheless, there is a fashion and taste about the ladies’ shoes, which is productive of much emulation in zeenahnah life;�­they are splendidly worked in many patterns, with gold and silver spangles, variously-coloured small seed beads and embroidery�­the whole one mass of glittering metal;�­they are made with sharp points curling upwards, some nearly reaching half-way to the knees, and always worn down at the heel, as dressing slippers; the least costly for their every-day wear are of gold embroidery on velvet; the less opulent condescend to wear tinsel work, and the meanest servants yellow or red cloth with silver binding. The same style of shoes are worn by the males as by the females; I have seen some young men with green shagreen slippers for the rainy season; these are made with a high heel and look unseemly. The fashion of shoes varies with the times in this country, as well as in others�­sometimes it is genteel to have small points to the shoes; at another, the points are long and much curled; but they still retain the preference for pointed shoes whatever be the fashion adopted.

The greatest novelty in the way of shoes, which came under my observation in India, was a pair of silver embroidery, small pointed, and very neatly made: on the points and round the instep small silver bells were fastened, which produced harmony with every step, varied by the quick or more gentle paces of the wearer; these were a present to me from a lady of distinction in Oude. Upon visiting this lady on one occasion, my black silk slippers, which I had left at the entrance (as is the custom here), had most likely attracted the curiosity of the Begum’s slaves, for when that lady attended me to the threshold, they could nowhere be found; and I was in danger of being obliged to soil my stockings by walking shoeless to my palkie, across the court-yard. In this dilemma the lady proffered me the pair here described; I was much amused with the novelty of the exchange, upon stepping into the musical shoes, which, however they may be prized by Native ladies, did not exactly suit my style of dress, nor convenience in walking, although I must always remember the Begum’s attention with gratitude.

The ladies’ society is by no means insipid or without interest; they are naturally gifted with good sense and politeness, fond of conversation, shrewd in their remarks, and their language is both correct and refined. This, at first, was an enigma to me, considering that their lives are spent in seclusion, and that their education was not conducted on European principles; the mystery, however, has passed away upon an intimate acquaintance with the domestic habits of the people. The men with whom genteel women converse, are generally well educated, and from the naturally inquisitive disposition of the females, not a word escapes the lips of a father, husband, or brother, without an inquiry as to its meaning, which having once ascertained, is never forgotten, because their attention is not diverted by a variety of pursuits, or vain amusements. The women look up to the opinions of their male relatives with the same respect as children of other climes are accustomed to regard their tutor or governess,�­considering every word pronounced as worthy of imitation, and every sentiment expressed, as a guide to their own. Thus the habit of speaking correctly is so familiar to the females of Mussulmaun society, that even women servants, long accustomed to serve in zeenahnahs, may be readily distinguished by their language from the same class of people in attendance on European ladies.

P.S. All good Mussulmauns are expected to wear their beards, by command of the Prophet; so says my informant, who is of ‘the faith’, and wears his beard, in accordance with the injunction of his Lawgiver. In modern times, however, the Mussulmauns have seen fit to modify the strict letter of the law, and we perceive generally, mustachios only reserved on the upper lip. This ornament is trained with the nicest care amongst the fashionable young men of the present day, and made to creep over the lip at each corner of the mouth with curling points; well-trained mustachios being with them much esteemed.

The religious Mussulmauns become more scrupulous as they advance in knowledge of their faith, when they allow their beards to grow and their heads to be shaven; if the hair turns white�­while to look well is an object of interest�­a dye is resorted to, composed of mayndhie and indigo, which restores its youthful appearance, and the beard retains its black glossy hue for about six weeks, when the process of dyeing is again made the business of a convenient hour.[25] The vanities of the world ceasing to charm (the heart being fixed on more important subjects), the beard is permitted to retain its natural colour; and, truly, the venerable countenance of an aged Mussulmaun, with a silvery-white beard flowing nearly to his girdle, is a picture that would interest every beholder well acquainted with Bible history.

When the Mussulmaun determines on fulfilling the command of his Lawgiver, in making the pilgrimage to Mecca, the beard is allowed to grow whatever be his age; and this may be considered a badge of their faith, none being admitted at ‘the Holy House’ who have not this passport on their chin.

[1] Pahar.

[2] Ghari, about twenty-four minutes.

[3] Darwan, chaukidar.

[4] See p. 64.

[5] According to the Shi’ahs, Zainu-l-’Abidin obtained from Yazid,
after forty days, the head of Husain, and brought it to Karbala. They
deny that the head is at Cairo and the body at Karbala. Others say
that the head was sent to Medina, and buried near the grave of
Fatimah.�­Burton, Pilgrimage, ii. 40; Ockley, History of the
Saracens, 412, 415 note.

[6] Mitha, ‘sweet’.

[7] Shirmal, bread made with milk.

[8] Baqirkhani, a kind of crisp bread or cake, like piecrust,
made of milk, sugar, and flour.

[9] Chapati, the griddle cake, the standard food of the people.

[10] No food should be cooked in the house of a Musalman during the
forty days of mourning. Sir J.G. Frazer thinks that this is due to
the risk of eating the ghost clinging to the food (Journal
Anthropological Institute, xv. (1886) 92 ff.).

[11] Missi, from mis, ‘copper’, because copper-filings form its
chief ingredient, to which are added myrobalan, gall-nuts, vitriol, &c.
The custom is based on the Arab admiration for the rose-red colour of
the inner lip.�­Burton, A Thousand Nights and A Night, iii. 365.

[12] Kajal.

[13] Nath, a love-token presented to the bride by the bridegroom. The
very mention of it is considered indelicate.

[14] They generally adopt an odd number.

[15] Suar.

[16] Nim (Melia Azidirachta).

[17] Babul (Acacia arabica).

[18] Gulbadan, ‘with body like a rose’, a fine silk fabric.

[19] Mashru ‘conformable to law’, a silk-cotton cloth, which�­but not
pure silk�­a Musulman can wear during prayer.

[20] Zerband, ‘fastening below’, ‘a girth’.

[21] Angiya.

[22] Shabnam. The finest varieties of these cloths were made at Dacca.
Aurungzeb is said to have remonstrated with his daughter for wearing
what he thought to be a Coa vestis. She answered that she wore seven
folds of this cloth.

[23] Har, a necklace, an embroidered garland thrown round the neck of
a visitor on his departure, as a mark of respect. These garlands were
substituted for the pearl necklaces which, in former days, were
presented to guests.

[24] ’Stockings are never worn [in the Zenana]: but I have seen little
coloured stockings, made of the wool from Cashmir, worn at times
during the cold season.’�­Mrs. Parks, Wanderings of a Pilgrim,
i. 456.

[25] According to the traditions, the Prophet said, ’Change the whiteness
of your hair, but not with anything black’. The first Caliph is said
to have dyed his beard red with henna. Nowadays indigo is largely used.

LETTER 06

The Mussulmaun religion.�­Sectarians.�­Their difference of faith.�­History of the Soonies.�­The Caliphas Omir, Osman, Aboubuker, &c.�­Mahumud’s parting charge to Ali.�­Omir’s jealousy of Ali.�­The Khoraun.�­How compiled.�­The Calipha Omir held in detestation.�­Creed of the Sheahs.�­Funeral service.�­Opinions of the Mussulmauns respecting the Millennium.�­The foundation of their faith exhibited.�­Sentiments of the most devout followers of Mahumud.�­Bridge of Sirraat, the Scales, &c. explained.�­Emaum Mhidhie.�­Prophecy of his reappearance.�­Its early fulfilment anticipated.�­Discourse with the Meer Hadjee Shaah on this subject.

I do not presume to offer opinions on the nature, substance, or character, of the Mussulmaun Faith; but confine myself to the mere relation of such facts as I have received from the best possible authority, viz. the religious men who are of that faith, and live in strict accordance with the tenets they profess.

There are two sects of the Mussulmaun persuasion, as I have before remarked, viz. the Sheahs and the Soonies. The leaders of the former are called Emaums; and those of the latter Caliphas. The Sheahs acknowledge Ali and his immediate descendants (eleven in number) ’the right and only lawful Emaums’, in succession, after Mahumud. The Soonies declare the Caliphas�­as Omir, Aboubuker, &c.�­to be their lawful leaders after Mahumud.

I do not find that there is any great difference in the points of faith between the two sects; they are equally guided by the same laws and ordinances inculcated by Mahumud in the Khoraun;�­the Sheahs pursuing the pattern of observances traced out in the life and manners of Ali and his descendants;�­and the Soonies taking their examples from the manners of the Caliphas. There is a distinguishing method in ablutions before prayers, and also in the manner of bowing and prostrating in their devotional exercises;[1] this difference, however, has nothing to do with their faith,�­the subject and form of their daily prayer is one; but both sects have extra services for particular occasions, agreeable to the instruction of their favourite leaders. The Namaaz (daily prayer) was taught by Mahumud to his followers, every line of which is religiously reverenced by Mussulmauns, and cannot be altered by sectarian principles.

The Mussulmaun faith is founded on three roots; from these spring, with the Sheahs, six branches; with the Soonies, five. The roots are as follows:�­

First.�­’There is but one God, self existing; ever was, and ever will be; in Whom is all Power, Majesty, and Dominion; by Whom all things are, and were created. With Whom is neither partner or substance:[2] and He alone is to be worshipped.’

Second.�­’The Prophets were all true; and all their writings to be relied on, with a true faith.’

Third.�­’The resurrection of the dead is certain.’

The Sheahs’ branches, or emanations, from the three roots of their faith, are as follow:�­

1st.�­’Namaaz,’[3] (prayer five times daily); a necessary duty, never to be omitted.

2nd.�­’Rumzaun,’[4] (fasting) the whole thirty days of that month; a service acceptable to God from His humble creatures.

3rd.�­’The Hadje,’[5] (pilgrimage to Mecca); commanded by Mahumud, and therefore to be obeyed.

4th.�­’Zuckhaut;’[6] the fortieth portion of all worldly goods to be set apart every year (an offering to God) for the service of the poor.

5th.�­To fight in the road of God, or in His service, against the idolaters.

6th.�­To believe that the twelve Emaums were the true and lawful leaders, after Mahumud; to follow in their path, or example, and to succour and defend the Syaads, their descendants.

The Soonies omit the last branch in their profession of faith; with this solitary exception, the creed of the two sects, from all I can understand, is the same. The Sheahs are those who celebrate Mahurrum: in my description of that event will be seen the zealous partizans of the sect; and here may be introduced with propriety, some account of the opposite party denominated Soonies.

The word Calipha[7] implies the master or head of any trade, profession, or calling,�­as the master of the tailors, the head master of a college or school, &c. Omir was the first to usurp the title after Mahumud’s death, and to him succeeded Aboubuker, and then Ausmaun (Osman).[8]

Aboubuker may have claimed some relationship to Mahumud;�­he was converted by his preaching from idolatry to the faith;�­he gave his daughter in marriage to Mahumud, by whom two sons were born to him, Ishmael and Ibrahim.[9] ’An angel appeared to Mahumud, saying, Which of thy family shall be taken from thee, Oh, Mahumud! such is the command of God; two of thy youth must die, and I am sent to demand of thee whether it is thy wish Ishmael and Ibrahim, thine own sons, shall be taken from this world, or Hasan and Hosein, the sons of Fatima thy daughter?’ The historian continues, after dwelling much on the virtues of the Prophet’s only daughter, ’Such was the affection of Mahumud for his daughter Fatima and her children, and so well he knew the purity of their hearts, that he hesitated not a moment in replying, “If the Lord graciously permits His servant to choose, I freely offer my two sons Ishmael and Ibrahim; that Hasan and Hosein may live by His mercy “’.

Omir was also a convert to the faith Mahumud taught: he likewise gave a daughter in marriage to Mahumud;[10] by whom, however, the same historian remarks, his house was not peopled. His only daughter, Fatima, lived to add numbers to his family: she was born to him by the pious female (a widow) who was his first wife[11] and to whom he was united before he commenced his work of conversion. Ali, to whom Fatima was married, was the nephew of Mahumud, and from this union the Syaad race descend to the present day. The Prophet observing real piety in Ali, designed him not only to be the most suitable husband for his amiable daughter, but the best qualified person to be chosen as his successor, when he should be called by ‘the hand of death’; and in the most public manner gave charge of his flock to Ali, not long before that event occurred. Mahumud’s speech to Ali on that occasion is much reverenced by the Sheah sect;�­it has been translated for me by my husband, and is as follows:�­

’You, my son, will suffer many persecutions in the cause of religion; many will be the obstructions to your preaching, for I see they are not all as obedient and faithful as yourself. Usurpers of the authority, delegated to you, will arise, whose views are not pure and holy as your own; but let my admonitions dwell on your mind, remember my advice without swerving. The religion I have laboured to teach, is, as yet, but as the buds shooting forth from the tree; tender as they are, the rude blasts of dissension may scatter them to the winds, and leave the parent tree without a leaf:�­but suffered to push forth its produce quietly, the hand of Time will ripen and bring to perfection that which has been the business of my awakened life to cultivate. Never, my son, suffer your sword to be unsheathed in the justice of your cause; I exhort you to bear this injunction on your mind faithfully; whatever may be the provocations you receive, or insults offered to your person,�­I know this trial is in store for my son,�­remember the cause you are engaged in; suffer patiently; never draw your sword against the people who profess the true faith, even though they are but by name Mussulmauns.

’Against the enemies of God, I have already given you directions; you may fight for Him�­the only true God,�­but never against Him, or His faithful servants.’

When Mahumud was numbered with the dead, Omir soon set himself forward as the lawful successor; he was of good address, and insinuating manners, and succeeded in drawing ‘numbers to his threshold’. He preached the same doctrine Mahumud had taught, but sensual indulgence and early developed ambition were more strong in his heart than the faith he preached. Omir grew jealous of Ali’s virtues and forbearance, under the various trials of oppression and injustice he chose to visit him with; and resolved that, if possible, he would destroy not only Ali, but his whole family. Omir caused his house to be fired treacherously, but as the historians say, ’the mercy of God watched over the sanctified family’; they escaped from the flames, with no other loss than that of their small property.

The Khoraun was not the work of any particular period in the life of Mahumud. It was not compiled into a book until after Mahumud’s death, who was totally unacquainted with letters; each chapter having been conveyed by the angel Gabriel[12] to Mahumud, his inspired memory enabled him to repeat, verbatim, the holy messenger’s words to his disciples and converts when assembled as was their daily custom. To as many as committed verse, chapter, or portion to memory, by this oral communication, Mahumud rewarded with the highest seats in his assembly (meaning nearest his person); and to those who wished for employment, he gave the command of detachments sent out against the infidels.

The whole Khoraun was thus conveyed to Mahumud by the angel Gabriel, at many different periods of his mission; and by daily repetition, did he instil into the memory of his followers that mental scripture. But when Omir usurped the right to lead, he ambitiously planned for himself a large share of popularity by causing the Khoraun to be committed to paper, and he accordingly gave orders, that the best scribes should be employed to convey its precepts to writing.

Ali had been engaged in the same employment for some time, perceiving the future benefit to the faith which would accrue from such a labour, and on the very day, when Omir was seated in form to receive the work of his scribes, Ali also presented himself with his version of the Khoraun. It is asserted that Omir treated him with some indignity, and gave the preference to the volume his own scribes had prepared, desiring Ali, nevertheless, to leave that he had transcribed with him, though he candidly told him he never intended it should be ‘the Book for the People’. Ali found, on this trying occasion, the benefit of Mahumud’s advice, to keep his temper subdued for the trial, and withdrew with his book clasped to his heart, assuring Omir, that the volume should only be the property of his descendants; and that when the twelfth Emaum, prophesied by Mahumud, should disappear from the eye of man, the Khoraun he had written should also disappear, until that Emaum returned, with whom the book he had written should again be found.

The name of Omir is detestable to all lovers of literature, or admirers of ancient history and valuable records. By his orders, the bath was heated with the valuable collection of manuscripts, which it had been the work of ages to complete.[13] Omir was told that the people valued the writings of the ancients, and that they were displeased at this irreparable destruction of valuable records; he asked if the people were not satisfied with the Khoraun? and if satisfied, why should they seek for other knowledge than that book contained? declaring it to be an useless employment of time, to be engaged in any other readings. They say the collection of books thus destroyed was so vast, that it served the purpose, to which it was applied, for many successive days. I have thus far given the accounts I have received of the origin of the two sects amongst the Mussulmauns from good authority. My husband says, that in Hindoostaun the two sects may be nearly equal in number;[14] in Persia the Sheahs certainly prevail; in Turkey all are Soonies; and in Arabia the Sheahs are supposed to preponderate. On the whole, perhaps, the two sects are about equally divided.

The Mussulmauns’ Creed, of the Sheah sect, is as follows:�­

’I believe in one God, supreme over all, and Him alone do I worship.

’I believe that Mahumud was the creature of God, the Creator; I believe that Mahumud was the messenger of God, (the Lord of messengers); and that he was the last of the prophets. I believe that Ali was the chief of the faithful, the head of all the inheritors of the law, and the true leader appointed of God; consequently to be obeyed by the faithful. Also I believe that Hasan and Hosein, the sons of Ali, and Ali son of Hosein, and Mahumud son of Ali, and Jaufur son of Mahumud, and Moosa son of Jaufur, and Ali son of Moosa, and Mahumud son of Ali, and Ali son of Mahumud, and Hasan son of Ali, and Mhidhie (the standing proof) son of Hasan; the mercy of God be upon them! these were the true leaders of the faithful, and the proof of God was conveyed by them to the people.’[15]

This creed is taught to the children of both sexes, in Mussulmaun families, as soon as they are able to talk; and, from the daily repetition, is perfectly familiar to them at an early age.

I propose describing the funeral service here, as the substance of their particular faith is so intimately connected with the appointed service for the dead.

The dead body of a Mussulmaun, in about six hours after life is extinct, is placed in a kuffin[16] (coffin) and conveyed to the place of burial, with parade suited to the rank he held in life.

A tent, or the kaanaut[17] (screen), is pitched in a convenient place, where water is available near to the tomb, for the purpose of washing and preparing the dead body for interment. They then take the corpse out of the coffin and thoroughly bathe it; when dry, they rub pounded camphor on the hands, feet, knees, and forehead, these parts having, in the method of prostrating at prayer, daily touched the ground; the body is then wrapped neatly in a winding-sheet of white calico, on which has been written particular chapters from the Khoraun:[18] this done, it is taken up with great gentleness and laid in the grave on the side, with the face towards Mecca. The officiating Maulvee steps solemnly into the grave (which is much deeper and wider than ours), and with a loud voice repeats the creed, as before described; after which he says, ’These were thy good and holy leaders, O son of Adam! (here he repeats the person’s names). Now when the two angels come unto thee, who are the Maccurrub[19] (messengers) from thy great and mighty God, they will ask of thee, “Who is thy Lord? Who is thy Prophet? What is thy faith? Which is thy book? Where is thy Kiblaah?[20] Who is thy Leader?�

’Then shalt thou answer the Maccurrub thus:�­

’"God, greatest in glory, is my only Lord; Mahumud, my Prophet; Islaaim,
my faith, (Islaaim means true faith); the Khoraun, my book; the Kaubah
(Holy House at Mecca), my Kiblaah;

’"Emaum Ali, son of Aboutalib,
" Hasan and Hosein,
" Ali, surnamed Zynool Auberdene,
" Mahumud, " Baakur,
" Jaufur, " Saadick,
" Moosa, " Khazim,
" Ali, " Reezah,
" Mahumud, " Ul Jawaad,
" Ali, " Ul Hoodah,
" Hasan, " Ul Ushkeree,
" Mhidhie, the standing proof that we are waiting for.[21]

’"These are all my leaders, and they are my intercessors, with them is my
love, with their enemies is my hatred, in the world of earth and in the
world to come eternal."’

Then the Maulvee says:�­

’Know ye for a truth, O man (repeating his name), that the God we worship is One only, Great and Glorious, Most High and Mighty God, who is above all lords, the only true God.

’Know ye also, That Mahumud is the best of the Lord’s messengers.

’That Ali and his successors (before enumerated, but always here repeated) were the best of all leaders.

’That whatever came with Mahumud is true, (meaning the whole work of his mission);�­Death is true; the Interrogation by Moonkih and Nykee[22] (the two angels) is true; the Resurrection is true; Destruction is true; the Bridge of Sirraat[23] is true; the Scales are true; Looking into the Book is true; Heaven and Earth are true; Hell is true; the Day of Judgment is true.

’Of these things there is no doubt�­all are true; and, further, that God, the great and glorious God, will raise all the dead bodies from their graves.’

Then the Maulvee reads the following prayer or benediction, which is called Dooar[24] prayer:�­

’May the Lord God, abundant in mercy, keep you with the true speech; may He lead you to the perfect path; may He grant you knowledge of Him, and of His prophets.

‘May the mercy of God be fixed upon you for ever. Ameen.’

This concluded, the Maulvee quits the grave, and slowly moves forty measured paces in a line with it; then turning round, he comes again to the grave, with the same solemnity in his steps, and standing on the edge, he prays,

’O great and glorious God, we beseech Thee with humility make the earth comfortable to this Thy servant’s side, and raise his soul to Thee, and with Thee may he find mercy and forgiveness.’

‘Ameen, Ameen,’ is responded by all present.

This ends the funeral service: the earth is closed over by the servants, &c. and, except with the very poor, the grave is never entirely forsaken day or night, during the forty days of mourning; readers of the Khoraun are paid for this service, and in the families of the nobility the grave is attended for years by those hired, who are engaged to read from that book perpetually, relieving each other at intervals day and night.

They believe that when the Maulvee quits the grave, the angels enter to interrogate the dead body, and receive the confession of his particular faith; this is the object of the Maulvee’s retiring forty paces, to give the angels time to enter on their mission to the dead.

The Mussulmauns all believe that Mhidhie, the standing proof as he is called, will visit the earth at a future period; they are said to possess prophecies, that lead them to expect the twelve hundred and sixtieth year of the Hegirah, as the time for his coming. The Soonies say, this Emaum has yet to be born:�­the Sheahs believe that Emaum Mhidhie is the person to reappear. Some believe he is still on earth, dwelling, as they conjecture, in the wilds and forests; and many go so far as to assert, that Mhidhie visits (without being recognized) the Holy House of Mecca annually, on the great day of sacrifice; but I cannot find any grounds they have for this opinion.[25]

They also possess a prophecy, on which much dependance is placed, that ’When the four quarters of the globe contain Christian inhabitants, and when the Christians approach the confines of Kaabah, then may men look for that Emaum who is to come’. And it is the general belief amongst Mussulmauns, founded on the authority of their most revered and valued writers, that Emaum Mhidhie will appear with Jesus Christ at his second coming; and with whom, they declare and firmly believe, he will act in concert to purge the world of sin and wickedness. When, they add, ’all men shall be of one mind and one faith’.

Of the three principal Roots of the Mussulmauns’ faith, little need be further said in explanation. I have had various opportunities of learning their undisguised thoughts, and wish only to impart what the people are, who are so little known to the world in general. All persons having had the opportunity of studying the peculiarities of their particular faith, will, I think, give them due credit, that reverence for, and belief in God, forms a prominent trait in their character and faith: ’The English translation of the Khoraun by Sale, (imperfect as all works must be, where the two languages are inadequate to speak each other’s meaning,) will tell without a commentary, that the worship of God was the foundation on which Mahumud built his code of laws; and that the prophets were all acknowledged by him as messengers sent from God to His people, in every age of the world; and, lastly, that Mahumud was the Prophet, who came when the people of the earth, vicious and profane, had fallen into the most dissolute habits, worshipping idols instead of God.’ This passage is the sentiment expressed to me by a worthy man, and a true Mussulmaun; I have traced it out for the sake of explaining what is in the hearts of the Mussulmauns of the present day.

When I have conversed with some of them on the improbability of Mahumud’s prophetic mission, I have been silenced by a few words, ’How many prophets were sent to the Israelites?’�­’Many.’�­’You cannot enumerate them? then, is it too much to be probable that God’s mercy should have been graciously extended to the children of Ishmael? they also are Abraham’s seed. The Israelites had many prophets, in all of whom we believe; the Ishmaelites have one Prophet only, whose mission was to draw men from idolatry to the true God. All men, they add will be judged according to their fidelity in the faith they have professed. It is not the outward sign which makes a man the true Mussulmaun; neither is it the mere profession of Christianity which will clear the man at the last day. Religion and faith are of the heart.’

In their collection of writings, I have had access to a voluminous work, entitled ’Hyaatool Kaaloob’[26] (Enlightener of the Heart). My husband has translated for me, occasionally, portions of this valuable work, which bears a striking similarity to our Holy Scriptures, though collected after a different manner; I have acquired, by this means, a more intimate acquaintance with the general character of the Mussulmaun’s belief. This book contains all the prophets’ lives, at every age of the world. It was compiled by Mahumud Baakur, first in Arabic, and afterwards translated by him into the Persian language, for the benefit of the public; and is of great antiquity�­I cannot now ascertain the exact date.

The Mussulmaun belief on the subject of the resurrection is, ’When the fulness of time cometh, of which no man knoweth, then shall the earth be destroyed by fire�­and after this will be the resurrection of the dead’.

The branches emanating from the roots of the Mussulmaun faith will require further explanation which shall follow in due course. I will in this letter merely add what is meant by the Bridge of Sirraat,[27] the Scales,[28] and Looking into the Book as noted in the burial service.

‘The Bridge of Sirraat’, they understand, is to be passed over by every person in their passage to eternity, and is represented sharp as the keenest sword.[29] The righteous will be gifted with power to pass over with the rapidity of lightning, neither harm nor inconvenience will attend them on the passage. The wicked, on the contrary, will be without help, and must be many times injured and cut down in the attempt. An idea has crept into the minds of some, that whoever offers up to God, at different periods of his life, such animals as are deemed clean and fitting for sacrifice, the same number and kind, on their day of passing Sirraat, shall be in readiness to assist them on the passage over.

On this supposition is grounded the object of princes and nobles in India offering camels in sacrifice on the day of Buckrah Eade.[30] This event answers our Scripture account of Abraham’s offering, but the Mussulmauns say, the son of Abraham so offered was Ishmael, and not Isaac. I have disputed the point with some of their learned men, and brought them to search through their authorities; in some one or two there is a doubt as to which was the son offered, but the general writers and most of the Mussulmauns themselves believe Ishmael was the offering made by Abraham.

‘The Scales are true;’ the Mussulmauns believe, that on the day of judgment, the good and the bad deeds of every mortal will be submitted to the scales prepared in Heaven for that purpose.

‘Looking into the Book is true;’ the Mussulmauns believe that every human being from their birth is attended by two angels,[31] one resting on the right shoulder the other on the left, continually; their business is to register every action of the individual they attend; when a good action is to be recorded, they beseech the Almighty in His mercy to keep the person in the good and perfect way; when evil ways are to be registered, they mourn with intercessions to God that His mercy may be extended, by granting them repentant hearts, and then, His forgiveness. Thus they explain ‘Looking into the Book is true’, that whatever is contained in this book will be looked into on the day of judgment, and by their deeds therein registered shall they be judged.

In the ‘Hyaatool Kaaloob’ is to be found the lives of the Emaums, from which is gleaned the following remarks:�­

The Emaum Mhidhie was an orphan at nine years old. Alrouschid,[32] the King of Bagdad, advised by his wicked minister, resolved on destroying this boy (the last of the Emaums), fearing as he grew into favour with the people, that the power of his sovereignty would decrease.

The King sent certain soldiers to seize Mhidhie, who was at prayers in an inner room when they arrived. The soldiers demanded and were refused admittance they then forced an entrance and proceeded to the room in which the Emaum was supposed to be at prayers, they discovered him immersed to the waist in a tank of water; the soldiers desired him to get out of the water and surrender himself, he continued repeating his prayer, and appeared to take no notice of the men nor their demand. After some deliberations amongst the soldiers, they thought the water was too shallow to endanger their lives, and one entered the tank intending to take the Emaum prisoner, he sank instantly to rise no more, a second followed who shared the same fate; and the rest, deterred by the example of their brother soldiers, fled from the place, to report the failure of their plan to the King at Bagdad.

This writer reports that Emaum Mhidhie was secretly conveyed away, supposed by the interposition of Divine Providence, and was not again seen, to be recognized, on earth; yet it is believed he still lives and will remain for the fulfilment of that prophecy which sayeth:�­’When Mecca is filled with Christian people Emaum Mhidhie will appear, to draw men to the true faith; and then also, Jesus Christ will descend from heaven to Mecca, there will be great slaughter amongst men; after which there will be but one faith�­and then shall there be perfect peace and happiness over all the world.’

The Mussulmauns of the present age discourse much on the subject of that prophecy�­particularly during the contest between the Greeks and Turks, of which however they had no very correct information, yet they fancied the time must be fast approaching, by these leading events, to the fuller accomplishment; often, when in conversation with the most religious men of the country, I have heard them declare it as their firm belief that the time was fast approaching when there should be but one mind amongst all men. ‘There is but little more to finish;’ ‘The time draws near;’ are expressions of the Mussulmauns’ belief, when discoursing of the period anticipated, as prophesied in their sacred writings;�­so persuaded are they of the nearness of that time. In relating the substance of my last serious conversation with the devout Meer Hadjee Shaah, I shall disclose the real sentiments of most, if not every religious reflecting, true Mussulmaun of his sect in India.

Meer Hadjee Shaah delighted in religious conversations; it was his happiest time when, in the quiet of night, the Meer, his son, translated, as I read, the Holy Bible to him. We have often been thus engaged until one or two, and even to a later hour in the morning; he remembered all he heard, and drew comparisons, in his own mind, between the two authorities of sacred writings�­the Khoraun and Bible; the one he had studied through his long life, the other, he was now equally satisfied, contained the word of God; he received them both, and as the ‘two witnesses’ of God. The last serious conversation I had with him, was a very few days before his death; he was then nearly in as good health as he had been for the last year; his great age had weakened his frame, but he walked about the grounds with his staff, as erect as when I first saw him, and evinced nothing in his general manner that could excite a suspicion that his hours had so nearly run their course.

We had been talking of the time when peace on earth should be universal; ’My time, dear baittie[33] (daughter), is drawing to a quick conclusion. You may live to see the events foretold, I shall be in my grave; but remember, I tell you now, though I am dead, yet when Jesus Christ returns to earth, at His coming, I shall rise again from my grave; and I shall be with Him, and with Emaum Mhidhie also.’

This was the substance of his last serious conversation with me, and within one short week he was removed from those who loved to hear his voice; but he still lives in the memory of many, and those who knew his worth are reconciled by reflecting on the ‘joy that awaits the righteous’.

’Other sheep I have, which are not of this fold: them also I must bring, and they shall hear My voice; and there shall be one fold, and one shepherd.’ Also, ‘In My Father’s house are many mansions’. These were particularly pleasing passages to him, and often referred to in our scriptural conversations.

[1] The Shi’ahs only wipe or rub the feet, instead of washing them, as
do the Sunnis. In the standing posture (qiyam) in prayer, the
Sunnis place the right hand over the left below the navel; the
Shi’ahs keep their hands hanging on both sides of the body.

[2] I have met with the creed of the modern Jews, some time in the course
of my life, in Hurd’s History of all Religions; the belief of the
Mussulmauns, as regards the unity of God, strictly coincides with that
of the Jews, described in the first four articles of their creed.
[Author.]

[3] Namaz, liturgical prayer, as contrasted with du’a, ordinary
prayer.

[4] Ramzan, Ramazan.

[5] Hajj.

[6] Zakat.

[7] Khalifah, ‘successor,’ ‘lieutenant,’ ‘viceregent.’

[8] ’Umar, Abu Bakr, ’Usman.

[9] No son named Ishmail is recorded. Ibrahim, his son from
his slave girl, Mary the Copt, died A.D. 631, and was buried at Medina.
The daughter of Abu Bakr was ’Ayishah.

[10] The Prophet married Hafsah, daughter of ’Umar, as his third wife.

[11] Khadijah.

[12] ’Whoso is the enemy of Gabriel�­for he has by God’s leave caused to
descend on thy heart the confirmation of previous
revelations.’�­Koran, ii. 91.

[13] ’The story of the destruction of the library at Alexandria is first
told by Bar-hebraeus (Abulfaragius), a Christian writer who lived six
centuries later: it is of very doubtful authority.’�­Encyclopaedia
Britannica, i. 570.

[14] This is incorrect, Sunnis very largely preponderating over
Shi’ahs. According to the latest information there were in the
United Provinces of Agra and Oudh, nearly 6-1/2 million Sunnis and
183,000 Shi’ahs (Imperial Gazetteer (1908), xxiv. 172). This
information was not collected in recent census reports. In the whole
of India, in 1881, there were 46-3/4 million Sunnis, as compared
with 809,561 Shi’ahs.

[15] The correct list of the Imams recognized by the Imamiya or
orthodox Shi’ahs is as follows: ’Ali, son-in-law of the Prophet;
Al-Hasan, son of ’Ali, Al-Husain, second son of ’Ali; ’Ali
Zain-ul-’Abidin, son of Al-Husain; Muhammad Al-Baqir, son of
Zain-ul-’Abidin; Ja’afar as-Sadiq, son of Muhammad Al-Baqir;
Ar-Raza, son of Musa; Muhammad At-Taqi, son of Ar-Raza;
’Ali-an Naqi, son of Muhammad At-Taqi; Al-Hasan Al-Askari,
son of ’Ali-an Naqi; Muhammad, son of Al-Hasan Al-Askari, or
the Imam Al-Mahdi, who is believed to be still alive, and will
appear in the last days as the Mahdi.

[16] Kafn, properly ‘a winding-sheet’.

[17] Qanat.

[18] The religious man generally prepares his own winding-sheet, keeping
it always ready, and occasionally taking out this monitor to add
another verse or chapter, as the train of thought may have urged at
the time. I have seen this done by the Meer Hadjee Shaah, who
appropriated a piece of fine white cambric muslin, he had received
from me, to this sacred purpose. I have often been a silent observer
of my revered friend whilst he was engaged in writing passages from
the book whose rules he lived by. The anticipated moment when he
should require this his kuffin dress, was never clouded by dread, but
always looked forward to with cheerfulness and fervent hope; for he
trusted in the mercy of God whom he loved and worshipped. [Author.]
[Many pilgrims buy at Mecca the shroud in which they desire to be
buried, and wash it in the well Zamzam, supposing that the holy water
will secure the repose of the soul after death.]

[19] Maccurrub means those angels who are at all times privileged to
appear in the presence of God;�­they are supposed to have eyes of
great brilliance. In order that the Mussulmauns may have the reply
ready for that awful moment, they have a custom of repeating the
responses to the angel every evening, when the lamp is first lighted,
as they say this sudden light resembles the angels’ eyes. I had
noticed the custom for some time, and fancied the Mussulmaun people
worshipped light, until I was made acquainted with the real motive for
this general observance both with the men and women. [Author.]
[Muqarrab, ’those allowed to come near’.]

[20] Kiblaah is the holy place to which men turn their face when offering
up their prayer to God, as the Jews face Jerusalem. Literally,
‘worshipping place’. [Author.] [Qiblah: the direction of prayer
was changed by the Prophet from Jerusalem to Mecca (Koran, ii.
138-9, with Sale’s note).]

[21] See p. 72.

[22] Munkir, or Munkar, and Nakir are the two recording angels.

[23] See p. 78.

[24] Du’a.

[25] Al-Mahdi, ‘the directed one’, who will appear in the last day.
According to the Shi’ahs, he has already appeared in the person of
Muhammad Abu’l-Qasim, the 12th Imam. Later claimants are
Sayyid Ahmad, who fought against the Sikhs in 1826; Muhammad Ahmad ibn
Sayyid Abdulla, who fled after the fatal day of Omdurman, and was
killed in battle in 1899.

[26] Hayat[u’]l-Qulub compiled by Muhammad Baqir, whose last
work was published A.D. 1627. It has been partly translated into
English by J.L. Morrick, Boston, 1850.

[27] Sirat, the bridge over which the soul must cross on its way to
Paradise.

[28] Mizan, the Balance, with which the deeds of the dead man are
weighed.�­Koran, xxi. 47.

[29] May not this be a poetical symbol, similar to the scythe? [Author.]

[30] Baqarah ’Id, ‘cow festival,’ held on the 10th of the month
Zu’l-Hijjah, the month of pilgrimage, the attempted sacrifice of
Ishmael having, it is said, occurred at Mount Mina, near Mecca.

[31] Kiramu’l-Katibin, one recording the good, the other the
evil actions of the dead.

[32] Harun-al-Rashid, ‘Aaron the Orthodox’, fifth Abbasid Caliph,
of Baghdad (A.D. 763 or 776-809), best known from The Arabian Nights.

[33] Beti.

LETTER 07

Namaaz (daily prayer).�­The Mussulmaun prayers.�­Their different names and times.�­Extra prayer-service.�­The Mosque.�­Ablutions requisite previous to devotion.�­Prostrations at prayers.�­Mosque described.�­The Mussulmauns’ Sabbath.�­Its partial observance.�­The amusements of this life not discontinued on the Sabbath.�­Employment of domestics undiminished on this day.�­Works of importance then commenced.�­Reasons for appropriating Friday to the Sabbath.�­The Jews opposed to Mahumud.�­The Prophet receives instructions from the angel Gabriel.�­Their import and definition. Remarks of a Commentator on the Khoraun.�­Prayer of intercession.�­Pious observance of Christmas Day by a Native Lady.�­Opinions entertained of our Saviour.�­Additional motives for prayer.�­David’s Mother’s prayer.�­Anecdote of Moses and a Woodcutter.�­Remarks upon the piety and devotion of the female Mussulmauns.

The Mussulmaun Lawgiver commanded Namaaz (daily prayer) five times a day:

1st. ‘The Soobhoo Namaaz,’ to commence at the dawn of day.

2nd. ‘The Zohur,’ at the second watch of the day, or mid-day.

3rd. ‘The Ausur,’ at the third day watch.

4th. ‘The Muggrib,’ at sunset; and,

5th. ‘The Eshaa,’ at the fourth ghurrie of the night.[1]

These are the commanded hours for prayer. Mahumud himself observed an additional service very strictly, at the third watch of the night, which was called by him, ’Tahujjoot,’[2] and the most devout men, in all ages of their faith, have imitated this example scrupulously.

‘The Soobhoo Namaaz’ is deemed a necessary duty, and commences with the earliest dawn of day. The several prayers and prostrations occupy the greatest part of an hour, with those who are devout in their religious exercises; many extend the service by readings from an excellent collection, very similar to our Psalms, called ’The Vazefah’.[3]

‘The Zohur Namaaz’, an equally essential duty, commences at mid-day, and occupies about the same time as ‘The Soobhoo’.

‘The Ausur Namaaz’ commences at the third day watch. The religious men are not tempted to excuse themselves from the due observance of this hour; but the mere people of the world, or those whose business requires their time, attach this service to the next, and satisfy their conscience with thinking that the prayer-hours combined, answers the same purpose as when separately performed.

‘The Muggrib Namaaz’. This is rigidly observed at sunset; even those who cannot make it convenient at other hours, will leave their most urgent employment to perform this duty at sunset. Who that has lived any time in India, cannot call to mind the interesting sight of the labouring classes, returning to their home after the business of the day is over? The sun sinking below the Western horizon, the poor man unbinds his waist, and spreads his cummerbund on the side of the road; he performs his ablutions from his brass lota of water, and facing Mecca, bows himself down under the canopy of heaven, to fulfil what he believes to be his duty at that hour to his merciful God.

‘The Eshaa Namaaz’ commences at the fourth ghurrie of the night. The form of prayer for this Namaaz is much longer than the rest. The devout men extend their prayers at this still hour of the night; they tell me that they feel more disposed at this time to pour out their hearts to God in praise and thanksgiving, than at any other period of the day or night; and I have known many of them to be at silent prayer for hours together.

Many persons in their early life may have neglected that due obedience expected in the commanded daily prayers; in after life, they endeavour to make up the deficiency, by imposing on themselves extra services, to fulfil the number omitted. By the same rule, when a member of the family dies, and it is suspected the due performance of Namaaz had been neglected by him, the survivor, who loved him or her in life, is anxious for the soul’s rest, and thus proves it by performing additional prayers for the benefit of the soul of that beloved individual.

If a Mussulmaun falls from affluence to penury, twelve devout men of his faith engage to fast and pray, on a day fixed by themselves, to make intercession for their friend:�­they believe in the efficacy of good men’s prayers; and Meer Hadjee Shaah has often declared to me, that he has witnessed the benefit of this exercise by the happiest results, in many such cases.

The Khoraun, it is commanded, shall be read. A person perhaps dies before he has been awakened to a love of sacred things; his friends therefore engage readers to attend his grave, and there to read the Khoraun for the benefit of the departed soul.[4]

They have a firm belief in the efficacy of prayer by proxy; and the view they have of departed spirits is still more singular. They believe the soul hovers over the body in the grave for some time, and that the body is so far animated, as to be sensible of what is passing; as when the Maulvee is repeating the service, the angels visit in the grave, or when the Khoraun is read; hence the belief in the efficacy of prayer and reading as substitutes for neglected or omitted duties whilst on earth. There are in all the mosques men retained to do the requisite service there,[5] that is, to keep it clean, and to prevent any thing that could pollute the sanctuary from entering; to call at the stated hours for Namaaz, with a loud voice, so that all the neighbourhood may hear and go to prayers; he mounts the minaret as the hour is striking, and pronounces, ’Allah wo uckbaar!’ ’Mahumudoon Russool Allah!’[6]�­God alone is true! Mahumud is God’s Prophet!�­with a voice, the extent of which can only be imagined by those who have heard it; this summons is repeated many times over.

The mosque is open day and night for all who choose to enter for the purpose of prayer. The Mussulmauns, however, in their prayer-services are not restricted to the mosques; all places are deemed holy where no unclean animal has been to defile the spot, as dogs or swine, nor any idol been set up for worship. The person coming to Namaaz must not have contaminated himself by touching the dead, or any other thing accounted unclean, until he has bathed his whole body and changed his clothes. This resembles the Mosaic law.

Ablutions are regarded as essentially necessary: if any one is ill, and to use water would be dangerous, or if there be no water to be found where the Mussulmaun is about to pray, there is an allowed substitute, merely to rub the hands, feet, knees, and head with the dry dust of clay, and this is counted to them for ablutions. Thus prepared, the devotee spreads his prayer-carpet[7] (generally of fine matting) in the most convenient place to himself, if not in the mosque;�­perhaps under a tree, in the verandah, or in a room, no matter where, taking care, under all circumstances, that the carpet is spread to face the Kaabah (Holy House at Mecca).

At the commencement of his prayers, he stands erect, his hands lifted up, the palms held out towards heaven, where the eyes are also turned whilst expressing adoration and praise to God. This ended, he prostrates himself before the Almighty, his forehead touching the ground; the form of words here used expresses the unworthiness of the creature permitted to approach and worship the Creator; again he stands to repeat the glorious perfections of God; he then kneels in worship and prayer, after which prostrations are resumed, &c. In the performance of some of the services they prostrate five times, standing up and kneeling an equal number of times; the shortest services have three, and all the prayers and praises are arranged in Arabic,�­that most expressive language,�­which to translate, they say, is to corrupt the meaning of the prayers. For this reason the Khoraun is not allowed in any other than the original language; and for the benefit of the unlearned in Arabic, it is commented upon, passage by passage, in the Persian language.

The mosques are all erected on one plan; the entrance to the outer court is secured by a gate or door always on the latch, without locks, bars, or bolts; in the paved yard a tank or reservoir for bathing or ablutions is usually provided. The mosque itself is square, with a dome and two minarets; the side next the court-yard is the entrance, and generally this front is entirely open; the back of the mosque faces Mecca, in which direction the prayer must be offered to be effectual. These houses of prayer are generally kept clean and neat, but not the slightest ornament allowed within the walls; the floor is matted, and a plain wooden mhembur (pulpit) is provided. Shoes never enter within the precincts of the mosque; ‘Put off thy shoes’ is strictly observed by Mussulmauns in all sacred places�­a man praying with shoes on his feet would be accounted mad or a heathen.[8]

The Sabbath of the Mussulmauns is kept on Friday, commencing on the preceding night, after the manner of the Jews, only with the difference of the day.[9]

As a religious rest, the Sabbath is but partially observed with Mussulmauns. The Soonies, I have remarked, pay much more attention to its institutions than the Sheahs; but with either sect, the day is less strictly kept, than might have been expected from people who really seem to make religion their study, and the great business of their lives. Both sects have extra prayers for the day besides the usual Namaaz, which, the religious people perform with, great punctuality, whether they carry their devotions to the mosque, or offer their prayers in due form in their own abode. On the Sabbath they make it a point to bathe and change their apparel; the public offices are closed, and the shops partially shut until mid-day; the rulers,�­as Kings or Nuwaubs,�­distinguish the day by not receiving their courtiers and the public visitors, as on other days. Charitable donations are likewise more bountifully dispensed from the rich to the poor on Friday.

These observances serve to convince us that they believe in the constituted Sabbath; still there is not that strict respect for the holy day which could satisfy the scrupulous feelings of a Christian; the servants are quite as much employed on Friday as on any other day;�­the dhurzie[10] (tailor), dhobhie[11] (washerman), and indeed the whole establishment of servants and slaves, male and female, find their work undiminished on the Sabbath. The ladies amuse themselves with cards or dice, the singing women even are quite as much in request as on other days; and all the amusements of life are indulged in without once seeming to suspect that they are disobeying the law of God, or infringing on their actual duties. Indeed, I believe they would keep the day strictly, if they thought doing so was a necessary duty: but I have often observed, that as Friday is one of their ‘fortunate days’, works of any importance are commenced on this day;�­whether it be building a house,�­planting a garden or field,�­writing a book,�­negotiating a marriage,�­going a journey,�­making a garment, or any other business of this life which they wish should prosper. With them, therefore, the day of rest is made one of the busiest in the calendar; but I must do them the justice to say, that they believe their hearts are more pure after the ablutions and prayers have been performed. And that as nothing, however trifling or important, according to their praiseworthy ideas, should ever be commenced without being first dedicated to God,�­from whose mercy they implore aid and blessings on the labour of their hands,�­they set apart Friday for commencing whatever business they are anxious should prosper. This was the excuse made by the pious Meer Hadjee Shaah.

Mahumud’s biographers notice in many instances the strict observance of the Sabbath, at the period in which he flourished; they also say he selected Friday to be observed as the Mussulmaun Sabbath in distinction from the Jews, who it would seem were jealous of Mahumud’s teaching, and annoyed both him and his followers in every way they could possibly devise. And the Khoraun commentators, on the subject of Mahumud’s mission, declare, when speaking of the place to which the Mussulmaun bow in prayer, ’That when Mahumud first commenced his task of teaching the ignorant Arabians to forsake their idol worship, and to turn to the only true God, he was often reviled and insulted by the Jews; who even ridiculed the presumption of the Mussulmauns in daring to bow down, in their worship, towards Jerusalem, in the same direction with them. Mahumud was sadly perplexed whether to abstain or continue the practice, as he was unwilling to offend the Jews: in this trial he was visited by the angel Gabriel, who brought the following command to him from God:�­

’Turn from Jerusalem; and when thou bowest down to Me, face that Holy House of Abraham, the place of sacrifice: that shall be thy Kiblaah, O Mahumud.’

Kiblaah is the point to which men bow in worship.[12] Kaabah is the ’Holy House’ where Abraham’s sacrifice was offered. Mecca is the city or tract of country surrounding the house.

Thus they will say: ’I am making my pilgrimage to Mecca, to visit the Kaabah, which in my Namaaz, has been my Kiblaah when worshipping my God.’

A Commentator on the Khoraun writes, in allusion to the prevailing worldly-minded men of his day, the following expressive definition of the objects most worshipped by them, and concludes with the one only Kiblaah deserving men’s attention.

‘The Sovereign’s Kiblaah is His well-ornamented crown.’

‘The Sensualist’s Kiblaah, The gratification of his appetites.’

‘The Lover’s Kiblaah, The mistress of his heart.’

‘The Miser’s Kiblaah, His hoards of gold and silver.’

‘The Ambitious Man’s Kiblaah, This world’s honours and possessions.’

‘The mere Professor’s Kiblaah, The arch of the Holy House.’

And

’The Righteous Man’s Kiblaah, The pure love of God,�­which may all men learn and practise.’

The Mussulmaun Faith directs them to believe, not only in the prophets and their writings, but also that they are intercessors at the throne of grace; for this reason Mahumud taught his followers to call on God to hear them for the sake of,�­

‘1st. Adam, Suffee Ali ("the Pure� is the nearest possible translation).’

‘2nd. Noah, the Prophet of God.’

‘3rd. Abraham, the Friend of God.’

‘4th. Moses, who Conversed with God.’

‘5th. Jesus, the Soul of God.’

’6th. Mahumud, the Prophet of God.’[13]

Those persons who are devout in the exercise of their religious duties day by day, in the concluding part of the morning Namaaz strictly observe the practice of Mahumud and the Emaums, in the prayers of intercession; and the ’Salaam-oon-ali Khoom’,[14] (peace or rest be with thee) O Adam Suffee Ali! and to thee, O Noah, the Prophet of God! and to thee, O Abraham! &c. &c. going through the line in the manner and rotation above-described, concluding with the several Emaums, twelve in number (as in their Creed).

It will be seen by this, that they have reverence for all who came from God, to teach mankind His will. They believe also, that the Holy Prophets are sensible of the respect paid to them by existing mortals, as also when on earth they knew what was in the hearts of those men they conversed with. I have the honour to be acquainted with a lady of the Mussulmaun Religion, who lives in accordance with the Faith she professes. There was a period in her life, within my recollection, when she had very severe trials of a domestic nature. She trusted in God for relief, and followed in the way she had been instructed, keeping fasts and holy days; testifying her respect for the prophets, by observing those days for extra prayer and giving alms, which the Khoraun and commentaries represent as worthy to be done, by the devout Mussulmauns.

Amongst the number of days strictly observed by this pious lady during her troubles, was the Nativity of Jesus Christ, for whose sake she fed the hungry, clothed the naked, and gave alms to the necessitous. I was the more delighted when first hearing of this circumstance, because I had judged of the Mussulmaun faith by common report, and fancied they rejected, with the Jews, our Redeemer having come. They, on the contrary, believe, according to their Prophet’s words, ’that He was born of the Virgin Mary; that He worked miracles; that He ascended after His earthly commission had ceased, to the seventh heaven; that He will again visit the earth (when their Emaum Mhidhie will also appear), to cleanse the world of its corrupt wickedness, when all men shall live in peace, and but one faith shall prevail, in the worship of the true God’.

The Mussulmaun work, ‘Hyaatool Kaloob’ (which I have so often referred to), contains, with the lives of all the prophets, the Life of Jesus Christ, His acts, and the Ungeel[15] (Gospel). The Gospel they have is in many things different from ours; it is not formed into books by the apostles, neither are the miracles united with the Gospel, but are detailed as the acts of Christ Jesus. What they understand by the Ungeel, is, ’the Word of God by the mouth of Jesus’;�­for instance, the Sermon on the Mount, or, in other words, the precepts of Jesus. I am indebted to the Meer for this information.

The Mussulmauns say, ’All power belongs to God.�­Who would dare dispute the miracle of Christ’s birth? Is there any thing difficult with God? God first formed Adam from the dust; and by His word all things were created. Is there any thing too great for His power? Let no man, then, dispute the birth of Christ by a pure Virgin.’ They believe that Jesus Christ was the Prophet of God, but they believe not that He is God; and they deem all who thus declare Christ to be God, as unfaithful both to God and to Christ.

I have said the Mussulmauns of each sect have extra prayers, beside the Namaaz, or daily services of prayer. I suppose there are a greater variety of prayers amongst these people than with those of any other religion. Very few, if any, of the devout men, in the early ages of their religion, have omitted to leave behind them some testimony of their regard for posterity in the form of ‘prayers’, dictating the words most likely to lead the heart of the creature to the worship of the Creator; and also directions how to pray for any particular object they may desire to accomplish by the aid of God, in whom they are instructed and believe the fulness of power, as of glory, ever was, is, and will be to all eternity.

If the Mussulmaun suffers by persecution, by sickness, by loss of property, or any other distress of mind or body, he applies himself to the particular prayer of a favourite Emaum, or holy scribe, suited to his exact case. I cannot do better here than copy the translation my husband has made of the leading causes for the use of that prayer called ‘Daaood’s[16] (David’s) Mother’s Prayer’, in which I have known so many people to be engaged, when under difficulties, at the appointed period, viz. the fifteenth day of the month Rujub. The prayer itself occupies about sixteen closely written pages, and the person intending to make use of it, is expected to bathe and fast, as commanded by Mahumud, who instructed his followers in this prayer, which was then called ’The Opening of Difficulties’,[17] afterwards, and to the present day ’David’s Mother’s Prayer’, by reason of a miraculous occurrence which followed her having fulfilled the task of fasting, preparation, and the prayer alluded to.

’A very poor woman had been engaged in the family of the Emaum Jaffur Saadick,[18] as wet-nurse to his son; she was much respected in the family, who wished to have retained her with them, when the child was weaned; but she would return to her own village, where her son was living, at some distance from the city of Koofah.

’Her son, named Daaood, grew up under her maternal care, and proved the great comfort and solace of her life, by his dutiful and affectionate bearing towards her. At that period the reigning King of Arabia was a most cruel man, and an idolater; he persecuted all the professors of the “True Faith� whenever they came within his reach, with the most barbarous brutality.

’One day, at an early hour, Daaood’s mother presented herself at the house of the Emaum, in great distress of mind, and related the heavy affliction which had befallen her, in the loss of her dearly loved son (then a fine youth), who had been decoyed by the wicked emissaries of the King, for the purpose, it was feared, of immolation�­as it was known to be his custom, when, laying the foundation of a building, to deposit living victims of the Mussulmaun faith beneath it. The poor woman had no hope her eyes would ever again be blessed with the sight of her fondly-loved son, and still more agonizing were her fears, that his protracted sufferings would be of the same terrible description with numbers of the faithful who had fallen into the hands of that wretched heathen King.

’Her friends in the Emaum’s family grieved over the sad affliction with which their favourite had been visited. The Emaum strove to comfort her, and proposed that she should perform the prayer in which Mahumud had instructed his followers for “The Opening of Difficulties�. “Alas!� replied the woman, “poor ignorant that I am, how shall I repeat that prayer; I cannot read: knowest thou not, my Emaum, that I am not acquainted with letters?� “But I will teach you the prayer,� answered the Emaum; “you shall repeat it after me, and by diligence you will acquire it perfectly by that day, on which our Prophet commanded his followers to perform the fast and offer this prayer, that God might be pleased to remove their calamities.�

’The poor woman obeyed all the injunctions and advice of the Emaum Jaffur Saadick punctually; acquired, by her diligence, the words of the prayer; strictly observed the preparation by fast; and, on the fifteenth “day of Rujub�, the prayer was duly performed, with sincere devotion and perfect faith in God’s power, and His infinite mercy.

’In the mean time, it appears, the King having been much troubled in a dream, he was warned to release his prisoner from captivity without delay, at the peril of destruction to himself and all he possessed. The warning dream presented him with a view of the gulf to which he was condemned, if he delayed the release of Daaood from his confinement. The person of the youth was so clearly represented to the King in his dream, that there could be no possible mistake in the particular captive to be freed, out of the many he held in bondage. The King awakening from his troubled sleep, demanded of his attendants where the young man was confined; and learning from the chief officer of his court that Daaood was sent to a distant place, to be the offering buried under the foundation of a house, erecting by his command: the swiftest camels were ordered immediately, to convey messengers with two bags of gold, and the King’s mandate, peremptorily ordering the release of the youth, if happily he yet existed; and if the building was proceeding with, the superintendent was cautioned to pull it down with the utmost care and dispatch, so that nothing should be omitted which could be done to preserve that life now so dear to the hopes of the King.

’The messengers reached the place on the third day after Daaood had been immured in the foundation of the building. Small, indeed, were the hopes that the King’s desires would be gratified. The builder, however, more humane than his employer, had so raised the work round the person of Daaood, as to leave him unhurt by its pressure, and having left a small aperture for air, his life was preserved;�­the masonry being removed promptly, and with caution, the youth was discovered not only alive, but even uninjured by the confinement. The courier mounted the boy on the camel, with the present of gold contained in two bags, and conveyed Daaood, without loss of time, to his mother’s abode.

’All the particulars having undergone due investigation, it was clearly proved that it was on that very day when the poor woman was occupied in her fast and prayer, that her son Daaood was released from the foundation of the King’s house and restored to his home. From this time forward the prayer of “Opening Difficulties� was denominated “Or of Daaood’s Mother".’

Turning over my collection of curiosities for the story of Daaood’s Mother, which the Meer translated for me many years since, I met with an ancient anecdote which. I received from the same dear revered friend I must often quote as my author when I am detailing the particulars of things which I have heard and not seen,�­Meer Hadjee Shaah,�­who tells me he has found the following anecdote in the ’Commentary on The History of Moses’.�­It is translated by my husband.

’When Huzerut[19] Moosa (Moses), “to whose spirit be peace!� was on earth, there lived near him a poor yet remarkably religious man, who had for many years supported himself and his wife by the daily occupation of cutting wood for his richer neighbours; four small copper coins (equivalent to our halfpence) proved the reward of his toil, which at best afforded the poor couple but a scanty meal after his day’s exertions.

’The prophet Moosa passed the Woodcutter one morning, who accosted him with “O Moosa! Prophet of the Most High; behold I labour each day for my coarse and scanty meal; may it please thee, O Huzerut! to make a petition for me to our gracious God, that He may in His mercy grant me at once the whole supply for my remaining years, so that I shall enjoy one day of earthly happiness, and then, with my wife, be transferred to the place of eternal rest�. Moosa promised and made the required petition; his prayer was answered from Mount Tor, thus:�­

’"This man’s life is long, O Moses! nevertheless, if he be willing to surrender life when his supply is exhausted, tell him thy prayer is heard, the petition accepted, and the whole amount shall be found beneath his jhaawn namaaz[20] (prayer-carpet) after his early prayers.�

’The Woodcutter was satisfied when Moosa told him the result of his petition, and when the first duties of the morning were concluded, he failed not in looking for the promised remittance, where, to his surprise, he found a heap of silver coins. Calling his wife, the Woodcutter told her what he had required of the Lord through his Holy Prophet Moosa; pointing to the result, they both agreed it was very good to enjoy a short life of happiness on earth and depart in peace; although they could not help again and again recurring to the number of years on earth they had thus sacrificed. “We will make as many hearts rejoice as this the Lord’s gift will admit,� they both agreed, “and thus we shall secure in our future state the blessed abode promised to those who fulfil the commands of God in this, since to-morrow our term of life must close.�

’The day was spent in providing and preparing provisions for the meal. The whole sum was expended on the best sorts of food, and the poor made acquainted with the rich treat the Woodcutter and his wife were cooking for their benefit. The food was cooked for the indigent, and allotments made to each hungry applicant, reserving for themselves one good substantial meal, to be eaten only when the poor were all served and satisfied. It happened at the very moment they were seated to enjoy this their last meal, as they believed, a voice was heard, “O friend! I have heard of your feast,�­I am late, yet may it be that you have a little to spare, for I am hungry to my very heart. The blessing of God be on him who relieves my present sufferings from hunger!� The Woodcutter and his wife agreed that it would be much, better for them to go to heaven with half a bellyful, than leave one fellow-creature on earth famishing for a meal; they, therefore, determined on sharing their own portion with him who had none, and he went away from them rejoicing. “Now,� said the happy pair, “we shall eat our half-share with unmixed delight, and with thankful hearts. By to-morrow eve we shall be transferred to paradise.�

’They had scarcely raised the savoury food to their opening mouths, when a voice of melancholy bewailing arrested their attention, and stayed the hands already charged with food;�­a poor wretched creature, who had not tasted food for two whole days, moaned his piteous tale in accents that drew tears from the Woodcutter and his wife�­their eyes met and the sympathy was mutual; they were more willing to depart for heaven without the promised benefit of one earthly enjoyment, than suffer the hungry creature to die from want of that meal they had before them. The dish was promptly tendered to the bewailing subject, and the Woodcutter and his wife consoled each other by thinking that, as their time of departure was now so near at hand, the temporary enjoyment of a meal was not worth one moment’s consideration. “To-morrow we die, then of what consequence to us whether we depart with full or empty stomachs!� And now their thoughts were set on the place of eternal rest. They slept, and arose to their morning orisons with hearts resting humbly on their God, in the fullest expectation that this was their last day on earth: the prayer was concluded, and the Woodcutter in the act of rolling up his carpet, on which he had bowed with gratitude, reverence, and love to his Creator, when he perceived a fresh heap of silver on the floor;�­he could scarcely believe it was not a dream. “How wonderful art Thou, O God!� cried the poor Woodcutter; “this is Thy bounteous gift that I may indeed enjoy one day before I quit this earth.� And when Moosa came to him, he (Moosa) was satisfied with the goodness and power of God; but he retired again to the Mount to inquire of God the cause of the Woodcutter’s respite. The reply given to Moosa was, “That man has faithfully applied the wealth given in answer to his petition. He is worthy to live out his numbered years on earth, who, receiving My bounty, thought not of his own enjoyments whilst his fellow men had wants he could supply.� And to the end of the Woodcutter’s long life, God’s bounty lessened not in substance; neither did the pious man relax in his charitable duties of sharing with the indigent all that he had, and with the same disregard to his own enjoyments.’

I have but little to add, as regards the manner of worship amongst my Mussulmaun acquaintance; but here I cannot omit remarking, that the women are devout in their prayers and strict in their observance of ordinances. That they are not more generally educated is much to be regretted; this, however, is their misfortune, not their fault. The Mussulmaun faith does not exclude the females from a participation in the Eternal world,[21]�­as has so often been assorted by people who could not have known them,�­and the good Mussulmaun proves it by his instruction of the females under his control in the doctrines of Mahumud, and who he believes to be as much dependent on him for guidance on the road to heaven, as for personal protection from want or worldly dangers.

The pure life of Fatima, Mahumud’s only daughter, is greatly esteemed as an example of female excellence, whom they strive to imitate as much as possible, as well in religious as in moral or domestic duties. They are zealous to fulfil all the ordinances of their particular faith,�­and I have had the best possible opportunity of studying their character,�­devotion to God being the foundation on which every principal action of their lives seems to rest.

In my delineation of character, whether male or female, I must not be supposed to mean the whole mass of the Mussulmaun population. There are good and bad of every class or profession of people; it has been my good fortune to be an inmate with the pious of that faith, and from their practice I have been aided in acquiring a knowledge of what constitutes a true disciple of Mahumud.

[1] The writer mixes up the Persian and Arabic names of the hours of
prayer. The proper names, according to this list, are: i,
Namaz-i-Subh, from dawn to sunrise; ii, Salatu’l-Zuhr, when the
sun has begun to decline; iii, Salatu’l ’Asr, midway between
Nos. ii and iv; iv, Sala tu’l-Maghrib, a few minutes after sunset;
v, Salatu’l ’Isha, when night has closed in.

[2] Namaz-i-Tahajjid, the prayer after midnight.

[3] Wazifah, ‘a daily ration of food’, a term used for the daily
lesson or portion of the Koran read by devout Musalmans. The
Koran is divided into thirty lessons (siparah) for use
during the month Ramazan.

[4] Special readers (muqri) of the Koran are needed, owing to
the want of vowels in the Arabic character (Sale, Preliminary
Discourse, 47). Readers are often employed to recite the Koran
over a corpse on the way to Karbala.

[5] Known as Khadim.

[6] Allahu akbar ... Muhammadan rasulu’llah. In English the
entire call runs: ’Allah is most great (four times), I testify that
there is no God but Allah (twice), I testify that Muhammad is the
Apostle of Allah (twice), Come to prayer (twice), Come to salvation
(twice), Allah is most great (twice), There is no God but Allah!’

[7] Known as Ja’e-namaz, ‘place of prayer’.

[8] See p. 27.

[9] The Salatu’l-Juma’, the Friday prayer, is obligatory. Friday was
appointed a Sabbath to distinguish Musalmans from Jews and
Christians.

[10] Darzi.

[11] Dhobi.

[12] See p. 74.

[13] The correct titles are as follows: Adam, Safiyu’llah, ’The
Chosen One of God’; Noah, Nabiyu’llah, ‘The Prophet of God’;
Abraham, Khalilu’llah, ‘The Friend of God’; Moses,
Kalimu’llah, ‘He that spoke with God’; Jesus, Ruhu’llah,
‘A Spirit from God’; Muhammad, Rasulu ’Illah, ’The Prophet of
God’.

[14] Salam-’alai-kum.

[15] Injil, [Greek: e’uaggélion], the Gospel, as opposed to
taurat, the Pentateuch.

[16] Daud.

[17] The Fatiha, or opening chapter of the Koran, used like the
Pator-noster.

[18] Ja’afar as-Sadiq.

[19] Hazrat, ‘Reverend’, or ‘Superior’.

[20] Ja’e-namaz, known also as sajjadah, or musalla.

[21] The assertion that the Koran teaches that women have no souls is
incorrect. See the texts collected by Hughes, Dictionary of Islam,
pp. 677 ff.

LETTER 08

The Fast of Rumzaun.�­Motives for its strict observance.�­Its commencement and duration.�­Sentiments of Meer Hadjee Shaah on the duty of fasting.�­Adherence of the females to the observing this fast.�­How first broken.�­Devout persons extend the term to forty days.�­Children permitted to try their zeal.�­Calamitous effects of the experiment.�­Exemptions from this duty.�­Joyful termination of the fast.�­Celebration of Eade on the last day.�­The Nuzza.�­Nautchwomen and Domenie.�­Surprise of the Natives at European dancing.�­Remarks on their Music.�­Anecdotes of Fatima.�­The Chuckee.

’The poor man fasts, because he wanteth meat;
The sick man fasts, because he cannot eat.
The miser fasts, with greedy mind, to spare;
The glutton fasts, to eat a greater share.
The hypocrite, he fasts to seem more holy;
The righteous man, to punish sinful folly.’

The secret motive of the heart, man cannot fathom in his neighbour’s deeds. There are some actions so praiseworthy in themselves, that the charitably disposed will pass over the probable actuating motive, when looking only to the fair example. I have, however, reason to think that the Mussulmauns generally, in fulfilling the commanded fast of Rumzaun, have an unexceptionable motive. They are taught by their Lawgiver, that the due performance of this rigid fast is an acceptable service to God the Creator, from man the creature: they believe this, and therefore they fast?

Amongst the well-informed it is persevered in as a duty delightful to be permitted to perform; the ignorant take some merit to themselves in having faithfully observed the command; yet all the fasting population are actuated more or less by the same motive,�–­the desire to please God by fulfilling His commands, delivered to them by their acknowledged Prophet.

The severity of a Mussulmaun’s fast can alone be understood by those who have made the trial, as I frequently have, of the strict rules of abstinence which they observe; and with the additional privations to be endured at the period of the hottest months and the longest days in the same climate, as will sometimes be the case with all their movable fasts.

The Mussulmaun fast commences when the first streak of light borders the Eastern horizon, and continues until the stars are clearly discerned in the heavens. During this period not the slightest particle of food, not one single drop of water, or any other liquid, passes the lips; the hookha, even, is disallowed during the continuance of the fast, which of itself forms not only a luxury of great value, but an excellent antidote to hunger.

Amongst the really religious Mussulmauns the day is passed in occasional prayer, besides the usual Namaaz, reading the Khoraun, or the Lives of the Prophets. I have witnessed some, in their happy employment of these fatiguing days, who evinced even greater animation in their conversation than at other times; towards the decline of a day, when the thermometer has stood at eighty-nine in the shade of a closed house, they have looked a little anxious for the stars appearing, but,�­to their credit be it told,�­without the slightest symptom of impatience or fretfulness at the tardy approach of evening.

My revered friend, Meer Hadjee Shaah, always told me that the great secret of a fast, to be beneficial, was to employ time well, which benefited both soul and body; employment suited to the object of the fast being the best possible alleviation to the fatigue of fasting. He adds, if the temper be soured either by the abstinence or the petty ills of life, the good effects of the fast are gone with the ruffled spirit, and that the person thus disturbed had much better break his fast, since it ceases to be of any value in the sight of Him to whom the service is dedicated; the institution of the fast having for its object to render men more humble, more obedient to their God; all dissensions must be forgotten; all vicious pursuits abandoned, to render the service of a fast an acceptable offering to God.

In the zeenahnah, the females fast with zealous rigidness; and those who have not the happiness to possess a knowledge of books, or a husband or father disposed to read to them, will still find the benefit of employment in their gold embroidery of bags and trimmings, or other ornamental needle-work; some will listen to the Khaaunie[1] (tales), related by their attendants; others will overlook, and even assist in the preparations going forward for opening the fast. Ladies of the first quality do not think it a degradation to assist in the cooking of choice dishes. It is one of the highest favours a lady can confer on her friends, when she sends a tray of delicate viands cooked by her own hands. So that with the prayers, usual and occasional, the daily nap of two hours, indulged in throughout the year, occupation is made to fill up the day between dawn and evening; and they bear the fatigue with praiseworthy fortitude. Those who are acquainted with letters, or can afford to maintain hired readers, pass this month of trials in the happiest manner.

The fast is first broken by a cooling draught called tundhie[2]; the same draught is usually resorted to in attacks of fever. The tundhie is composed of the seeds of lettuce, cucumber, and melon, with coriander, all well pounded and diluted with cold water, and then strained through muslin, to which is added rose-water, sugar, syrup of pomegranate, and kurah[3] (a pleasant-flavoured distilled water from the blossom of a species of aloe). This cooling draught is drank by basins’ full amongst the Rozedhaars[4] (fasters), and it is generally prepared in the zeenahnah apartments for the whole establishment, male and female. Some of the aged and more delicate people break their fast with the juice of spinach[5] only, others choose a cup of boiling water to sip from. My aged friend, Meer Hadjee Shaah, has acquired a taste for tea, by partaking of it so often with me; and with this he has broken his fast for several years, as he says, with the most comforting sensations to himself. I have seen some people take a small quantity of salt in the first instance, preparatory to a draught of any kind of liquid. Without some such prelude to a meal, after the day’s fast, the most serious consequences are to be apprehended.

After indulging freely in the simple liquids, and deriving great benefit and comfort from a hookha, the appetite for food is generally stayed for some time: many persons prefer a rest of two hours before they can conveniently touch the food prepared for them, and even then, seldom eat in the same proportion as they do at other meals. Many suffice themselves with the one meal, and indulge in that very sparingly. The servants and labouring classes, however, find a second meal urgently necessary, which they are careful to take before the dawning day advances. In most families, cold rice-milk is eaten at that early hour. Meer Hadjee Shaah, I have before noticed, found tea to be the best antidote to extreme thirst, and many are the times I have had the honour to present him with this beverage at the third watch of the night, which he could enjoy without fear of the first streaks of light on the horizon arriving before he had benefited by this luxury.

The good things provided for dinner after the fast are (according to the means of the party) of the best, and in all varieties; and from the abundance prepared, a looker-on would pronounce a feast at hand; and so it is, if to feed the hungry be a feast to the liberal-hearted bestower, which with these people I have found to be a part and parcel of their nature. They are instructed from their infancy to know all men as brothers who are in any strait for food; and they are taught by the same code, that for every gift of charity they dispense with a free good will, they shall have the blessing and favour of their Creator abundantly in return. On the present occasion, they cook choice viands to be distributed to the poor, their fellow-labourers in the harvest; and in proportion to the number fed, so are their expectations of blessings from the great Giver of all good, in whose service it is performed. In my postscript you will find several anecdotes of the daughter of Mahumud on the subject of charity.

When any one is prevented fulfilling the fast of Rumzaun in his own person he is instructed to consider himself bound to provide food for opening the fast of a certain number of poor men who are Rozedhaars. The general food of the peasantry and lower orders of the people�­bread and dhall[6]�­is deemed sufficient, if unable to afford anything better.

When any one dies without having duly observed the fast, pious relatives engage some devout person to perform a month’s fast, which they believe will be accepted for the neglectful person. Many devout Mussulmauns extend the fast from thirty to full forty days, by the example of Mahumud and his family; and it is no unusual thing to meet with others who, in addition to this month, fast every Thursday through the year; some very rigid persons even fast the month preceding and the following month, as well as the month of Rumzaun.

Some very young people (children we should call them in happy England) are permitted to try their fasting powers, perhaps for a day or two during the month of Rumzaun. The first fast of the noviciate is an event of no small moment to the mother, and gives rise to a little festival in the zeenahnah; the females of the family use every sort of encouragement to induce the young zealot to persevere in the trial when once commenced, and many are the preparations for the opening last with due éclat in their circle�­sending trays of the young person’s good things to intimate friends, in remembrance of the interesting event; and generally with a parade of servants and music, when the child (I must have it so) belongs to the nobility, or persons of consequence, who at the same time distribute money and food to the poor.

These first fasts of the young must be severe trials, particularly in the hot season. I have heard, it is no uncommon thing for the young sufferers to sink under the fatigue, rather than break the fast they have had courage to commence. The consolation to the parents in such a case would be, that their child was the willing sacrifice, and had died ’in the road of God’, as all deaths occurring under performances of a known duty are termed.

Within my recollection a distressing calamity of this nature occurred at Lucknow, in a very respectable family. I did not know the party personally, but it was the topic in all the houses I visited at that period. I made a memorandum of the circumstance at the time, from which the following is copied:

’Two children, a son and daughter of respectable parents, the eldest thirteen and the youngest eleven years of age, were permitted to prove their faith by the fast, on one of the days of Rumzaun; the parents, anxious to honour their fidelity, expended a considerable sum of money in the preparations for celebrating the event amongst their circle of friends. Every delicacy was provided for opening their fast, and all sorts of dainties prepared to suit the Epicurean palates of the Asiatics, who when receiving the trays at night would know that this was the testimony of the children’s perseverance in that duty they all hold sacred.

’The children bore the trial well throughout the morning, and even until the third watch of the day had passed, their firmness would have reflected credit on people twice their age, making their first fast. After the third watch, the day was oppressively hot, and the children evinced symptoms of weariness and fatigue; they were advised to try and compose themselves to sleep; this lulled them for a short time, but their thirst was more acute when they awoke than before. The mother and her friends endeavoured to divert their attention by amusing stories, praising their perseverance, &c. The poor weak lady was anxious that they should persevere; as the day was now so far gone, she did not like her children to lose the benefit of their fast, nor the credit due to them for their forbearance. The children endeavoured to support with patience the agony that bowed them down�­they fainted, and then the mother was almost frantic, blaming herself for having encouraged them to prolong their fast against their strength. Cold water was thrown over them; attempts were made to force water into their mouths; but, alas! their tender throats were so swollen, that not a drop passed beyond their mouths. They died within a few minutes of each other; and the poor wretched parents were left childless through their own weakness and mistaken zeal. The costly viands destined for the testimony of these children’s faith, it may be supposed, were served out to the hungry mendicants as the first offerings dedicated to the now happy spirits of immortality.’

This is a sad picture of the distressing event, but I have not clothed it in the exaggerated garb some versions bore at the time the circumstance happened.

There are some few who are exempt from the actual necessity of fasting during Rumzaun; the sick, the aged, women giving nourishment to infants, and those in expectation of adding to the members of the family, and very young children, these are all commanded not to fast.[7] There is a latitude granted to travellers also; but many a weary pilgrim whose heart is bent heavenward will be found taking his rank amongst the Rozedhaars of the time, without deeming he has any merit in refraining from the privileges his code has conferred upon him; such men will fast whilst their strength permits them to pursue their way.

Towards the last week of Rumzaun the haggard countenances and less cheerful manners of the fasting multitude seem to increase, but they seldom relax unless their health is likely to be much endangered by its continuance.

The conclusion of the month Rumzaun is celebrated as an Eade[8] (festival), and, if not more splendid than any other in the Mussulmaun calendar, it is one of the greatest heart-rejoicing days. It is a sort of thanksgiving day amongst the devout people who have been permitted to accomplish the task; and with the vulgar and ignorant, it is hailed with delight as the season of merriment and good living�­a sort of reward for their month’s severe abstinence.

The namaaz of the morning, and the prayer for Eade, commence with the dawn; after which the early meal of Eade is looked forward to with some anxiety. In every house the same dainties are provided with great exactness (for they adhere to custom as to a law): plain boiled rice, with dhie[9] (sour curd) and sugar, forms the first morning repast of this Eade; dried dates are eaten with it (in remembrance of the Prophet’s family, whose greatest luxury was supposed to be the dates of Arabia).[10] A preparation of flour (similar to our vermicelli)[11] eaten with cold milk and sugar, is amongst the good things of this day, and trifling as it may appear, the indulgence is so great to the native population, that they would consider themselves unfortunate Rozedhaars, if they were not gratified, on this occasion, with these simple emblems of long-used custom. The very same articles are in request in Mussulmaun society, by this custom, from the King to the meanest of his subjects.

The ladies’ assemblies, on this Eade, are marked by all the amusements and indulgences they can possibly invent or enjoy, in their secluded state. Some receiving, others paying visits in covered conveyances; all doing honour to the day by wearing their best jewellery and splendid dresses. The zeenahnah rings with the festive songs and loud music, the cheerful meeting of friends, the distribution of presents to dependants, and remembrances to the poor; all is life and joy, cheerful bustle and amusement, on this happy day of Eade, when the good lady of the mansion sits in state to receive nuzzas from inferiors, and granting proofs of her favour to others.

Nuzza[12] is an offering of money from inferiors to those who rank in society above the person presenting; there is so much of etiquette observed in Native manners, that a first visit to a superior is never made without presenting a nuzza. When we arrived in India, an old servant of my husband’s family, named Muckabeg, was sent to meet us at Patna to escort us to Lucknow; on entering our budgerow[13] he presented fourteen rupees to me, which were laid on a folded handkerchief. I did not then understand what was intended, and looked to the Meer for explanation; he told me to accept Muckabeg’s ‘Nuzza’. I hesitated, remarking that it seemed a great deal more than a man in his situation could afford to give away. My husband silenced my scruples by observing, ’You will learn in good time that these offerings are made to do you honour, together with the certain anticipation of greater benefits in return; Muckabeg tenders this nuzza to you, perhaps it is all the money he possesses, but he feels assured it will be more than doubly repaid to him in the value of a khillaut[14] (dress of honour) he expects from your hands to-day. He would have behaved himself disrespectfully in appearing before you without a nuzza, and had you declined accepting it, he would have thought that you were either displeased with him, or did not approve of his coming.’ This little incident will perhaps explain the general nature of all the nuzzas better than any other description I could offer.

Kings and Nuwaubs keep the festival in due form, seated on the throne or musnud, to receive the congratulations and nuzzas of courtiers and dependants, and presenting khillauts to ministers, officers of state, and favourites. The gentlemen manage to pass the day in receiving and paying visits, all in their several grades having some inferiors to honour them in the presentation of offerings, and on whom they can confer favours and benefits; feasting, music, and dancing-women, filling up the measure of their enjoyments without even thinking of wine, or any substitute stronger than such pure liquids as graced the feasts of the first inhabitants of the world.

The Nautchwomen in the apartments of the gentlemen, and the Domenie[15] in the zeenahnahs are in great request on this day of festivity, in every house where the pleasures and the follies of this world are not banished by hearts devoted solely to the service of God. ‘The Nautch’ has been, so often described that it would here be superfluous to add to the description, feeling as I do an utter dislike both to the amusement and the performers. The nautchunies are entirely excluded from the female apartments of the better sort of people; no respectable Mussulmaun would allow these impudent women to perform before their wives and daughters.

But I must speak of the Domenie, who are the singers and dancers admitted within the pale of zeenahnah life; these, on the contrary, are women of good character, and their songs are of the most chaste description, chiefly in the Hindoostaunie tongue. They are instructed in Native music and play on the instruments in common use with some taste,�­as the saattarah[16] (guitar), with three wire strings; the surringhee[17] (rude-shaped violin); the dhome or dholle[18] (drum), in many varieties, beaten with the fingers, never with sticks. The harmony produced is melancholy and not unpleasing, but at best all who form the several classes of professors in Native societies are indifferent musicians.

Amateur performers are very rare amongst the Mussulmauns; indeed, it is considered indecorous in either sex to practise music, singing, or dancing; and such is the prejudice on their minds against this happy resource amongst genteel people of other climates, that they never can reconcile themselves to the propriety of ’The Sahib Logue’,�­a term in general use for the English people visiting India,�­figuring away in a quadrille or country dance. The nobles and gentlemen are frequently invited to witness a ‘station-ball’; they look with surprise at the dancers, and I have often been asked why I did not persuade my countrywomen that they were doing wrong. ’Why do the people fatigue themselves, who can so well afford to hire dancers for their amusement?’ Such is the difference between people of opposite views in their modes of pleasing themselves: a Native gentleman would consider himself disgraced or insulted by the simple inquiry, ‘Can you dance, sing, or play?’

The female slaves are sometimes taught to sing for their ladies’ amusement, and amongst the many Hindoostanie airs there are some that would please even the most scientific ear; although, perhaps, they are as old as the country in which they were invented, since here there are neither composers of modern music, nor competitors for fame to bring the amusement to a science. Prejudice will be a continual barrier to improvement in music with the natives of India; the most homely of their national airs are preferred at the present day to the finest composition of modern Europe.

My promised postscript is a translation from the Persian, extracted from ‘The Hyaatool Kaaloob’. The author is detailing the manner of living habitual to Mahumud and his family, and gives the following anecdotes ‘hudeeth’ [19] (to be relied on), which occurred at the season of Rumzaun; the writer says:�­

’It is well known that they (Mahumud’s family) were poor in worldly wealth; that they set no other value on temporal riches (which occasionally passed through their hands) but as loans from the great Giver of all good, to be by them distributed amongst the poor, and this was done faithfully; they kept not in their hands the gifts due to the necessitous. The members of Mahumud’s family invariably lived on the most simple diet, even when they could have commanded luxuries.

’At one season of Rumzaun,�­it was in the lifetime of Mahumud,�­Fatima, her husband Ali, and their two sons, Hasan and Hosein, had fasted two days and nights, not having, at that period, the means of procuring the smallest quantity of food to break their fast with. Habitually and from, principle, they disguised from the world or their friends all such temporal trials as it seemed good in the wisdom of Divine Providence to place in their chequered path; preferring under any circumstances of need, to fix their sole trust in the mercy and goodness of God for relief, rather than by seeking aid from their fellow-creatures lessening their dependence on Him.

’On the evening above mentioned, Mahumud went to the cottage of Fatima, and said, “Daughter, I am come to open my fast with thee.��­“In the name of the most merciful God, be it so,� was the reply of Fatima; yet secretly she sorrowed, that the poverty of her house must now be exposed to her beloved father.

’Fatima spread the dustha-khawn[20] (a large square of calico) on the floor of the room near her father, placed empty plates before him, then retired to her station for prayers; spreading her mat in the direction of Kaabah, she prostrated herself to the earth before God in the humblest attitude, imploring His merciful aid, in this her moment of trial. Fatima’s fervent prayer was scarcely finished, when a savoury smell of food attracted her attention; raising her head from the earth, her anxious eye was greeted with the view of a large bowl or basin filled with sulleed[21] (the Arabian food of that period). Fatima again bowed down her head, and poured out in humble strains that gratitude to God with which her heart overflowed. Then rising from her devotions, she took up the savoury food and hurried with it to her father’s presence, and summoned her husband and the children to partake of this joyous meal, without even hinting her thoughts that it was the gift of Heaven.

’Ali had been some time seated at the meal, when he, knowing they had no means of procuring it, looked steadily on Fatima, and inquired where she had secreted this delicious food; at the same time recurring to the two days’ fast they had endured. “Rebuke her not, my son,� said Mahumud; “Fatima is the favoured of Heaven, as was Myriam[22] (Mary), the mother of Esaee[23] (Jesus), who, living in her uncle Zechareah’s[24] (Zachariah’s) house, was provided by God with the choicest of fruits. Zechareah was poor, and oft he hungered for a meal; but when he entered Myriam’s apartment, a fresh supply of rare fruits was wont to greet his eye. Zechareah asked, Whence had ye these precious gifts? Myriam answered, An angel from God places the fruit before me; eat, my uncle, and be satisfied."’

The writer thus leaves the story of the miraculous food to Fatima’s prayer, and goes on as follows:�­

’At another season of the fast, this family of charity endured a severe trial, which was miraculously and graciously rewarded. Fatima had a female slave, who shared with her equally the comforts and the toils of life.

’The food allotted to every member of Ali’s family was two small barley cakes for each day; none had more or less throughout the family. The labour of domestic affairs was shared by Fatima with her female slave, and each took their day for grinding the barley at the chuckee,[25] with which the cakes were made.

’On the�­day of Rumzaun, the corn was ground as usual, the cakes made, and the moment for opening the fast anxiously anticipated, by this abstemious family. The evening arrived, and when the family had fulfilled their prayer-duty, the party assembled round the homely dustha-khawn with thankful hearts, and countenances beaming with perfect content. All had their allotted portions, but none had yet tasted of their cakes, when the voice of distress caught their ears. “Give me, oh, give me, for the love of God! something to relieve my hunger and save my famishing family from perishing.� Fatima caught up her barley cakes, and ran out to the supplicant, followed by her husband, the two children, and the slave. The cakes were given to the distressed creature, and as they comprised their whole stock, no further supply awaited their returning steps, nor even a substitute within the bare walls of their cottage; a few grains of salt had been left from cooking the barley cakes, and each took a little of the small quantity, to give a relish to the water they now partook of freely; and then retired to sleep away the remembrance of hunger.

’The next day found them all in health, and with hearts at peace; the day was passed in useful occupation, and when evening drew nigh, the same humble fare was ready for the fasting family, whose appetites were doubly keen by the lengthened abstinence. Again they meet to partake in gratitude the great gift of Divine goodness, wholesome sustenance; when, lo! the sound of sorrowing distress, petitioning in the holy name adored by these pious souls,�­“For the Love of God!��­arrested their attention. An appeal so urgently made carried with it a command to their devout hearts, and the meal so long delayed to their own necessities was again surrendered to the beggar’s prayers.

’This family of charity had returned to their empty hut, and were seated in pious conversation to beguile their sufferings; not a murmuring word or sigh escaped their sanctified mouths. As the evening advanced thus occupied, a pleasing joy seemed to fill the heart of Fatima, who secretly had sorrowed for her good dear children’s privations; presently a bright and powerful light filled the room, an angel stood before them; his appearance gave them no alarm;�­they beheld his presence with humility. “Thy good deeds�, said the angel (Gabriel), “are acceptable to God, the All Merciful! by whose command I come to satisfy the demands of mortal nature; this fruit (dates) is the gift of Him you serve; eat and be at peace.� The meal was ample which the angel brought to this virtuous family, and having placed it before them, he vanished from their sight.’

The Chuckee, before mentioned, is two flat circular stones (resembling grindstones in England), the upper stone has a peg or handle fixed in it, near the edge, with which it is forced round, by the person grinding, who is seated on the floor; the corn is thrown in through a circular hole on the upper stone, and the flour works out at the edges between the two stones. This is the only method of grinding corn for the immense population throughout Oude, and most other parts of Hindoostaun even to the present day. The late King of Oude, Ghauzieood deen Hyder, was at one time much pressed by some English friends of his, to introduce water-mills, for the purpose of grinding corn; he often spoke of the proposed plan to the Meer, and declared his sole motive for declining the improvement was the consideration he had for the poor women, who by this employment made an excellent living in every town and village, and who must, by the introduction of mills, be distressed for the means of support. ’My poor women’, he would often say, ’shall never have cause to reproach me, for depriving them of the use and benefit of their chuckee.’

I have before said it is not my intention to offer opinions on the character of the Mussulmaun people, my business being merely to relate such things as I have heard and seen amongst them. The several translations and anecdotes I take the opportunity of placing in these letters, are from authorities the Mussulmauns style, hudeeth (authentic),�­that are not, cannot, be doubted, as they have been handed down either by Mahumud or by the Emaums, whose words are equally to be relied on. When any passages in their sacred writings are commented on by different authors, they give their authority for the opinion offered, as Emaum Such-a-one explains it thus. You understand, therefore, that the Mussulmauns believe these miracles to have occurred to the members of their Prophet’s family as firmly as we believe in the truth of our Holy Scripture.

[1] Kahani.

[2] Thandi.

[3] See p. 13.

[4] Rozadar, ‘one who keeps fast’ (roza).

[5] Spinacea oleracea, or Basella alba.

[6] Dhall [dal] is a sort of pea, sometimes cooked in a savoury way
with garlic, salt, ghee, pepper and herbs. It is about the consistence
of thick pea-soup�­but without meat. [Author.]

[7] But it is directed that infirm people, unable to fast, should feed a
poor person when the fast is over. Women in child and those suckling
children are advised to fast at some other more convenient season.

[8] ’Idu’l-fitr, ‘the Festival of the Breaking of the Fast’.

[9] Dahi.

[10] The Ajwah date is never sold in Arabia, because the Prophet advised
that whosoever break the fast every day with, six or seven of those
fruits need fear neither poison nor magic.�­Burton, Pilgrimage,
i. 401 f.

[11] Known as siwayan, which Musalman servants present on this day
to their European masters in India.

[12] Nazr, nazar.

[13] A lumbering, keelless barge, formerly much used by Europeans
travelling on the Ganges and its tributaries: bajra meaning
‘heavy’.

[14] Khil’at.

[15] Domni, a woman of the Dom or singer class.

[16] Sitara, ‘three-stringed’, but often possessing four or more
strings of steel and brass wire, played with a steel wire frame.

[17] Saranyi.

[18] Dhol: ‘dhome’ is a mistake.

[19] Hadis, the sayings of the Prophet, not of an uninspired divine or
teacher.

[20] Dastarkhwan, a modification of the Arab leathern table-spread
(sufra).

[21] Tharid, bread moistened with broth and mixed with scraps of meat.

[22] Maryam.

[23] ’Isa’l-Masih.

[24] Zakariya (Koran, iii. 32, vi. 85, xix. 1-12, xxi. 89).

[25] Chakki.

LETTER 09

The Hadje (Pilgrimage to Mecca).�­Commanded to be performed by Mahumud.�­Eagerness of both sexes to visit the Prophet’s tomb.�­Qualifications requisite for the undertaking.�­Different routes from India to Mecca.�­Duties of the pilgrims at the Holy House.�­Mecca and its environs.�­Place of Abraham.�­The Bedouins.�­Anecdote of a devotee and two pilgrims.�­A Bedouin Arab, and the travellers to Mecca.�­The Kaabah (Holy House).�­Superstitious regard to a chain suspended there.�­Account of the gold water-spout.�­Tax levied on pilgrims visiting the tomb of Mahumud by the Sheruff of Mecca.�­Sacred visit to the tombs of Ali, Hasan, and Hosein.�­The importance attached to this duty.�­Travellers annoyed by the Arabs.�­An instance recorded.�­The Nudghiff Usheruff.�­Anecdotes of Syaad Harshim.

‘The Pilgrimage to Mecca’ is commanded by Mahumud to his followers at least once during their lifetime, provided the obstacles are not insurmountable. Indulgences are made for the sick, or individual poverty. All who have the means at command, whatever may be their distance from the place, are expected to perform the Hadje themselves if possible; or, if prevented by any circumstances they cannot control, they are required to pay the expenses of other persons willing to be their proxies.

Whatever information I have acquired on the subject of this pilgrimage has been gleaned from frequent conversations with Meer Hadjee Shaah, who, as I have before remarked, performed the Hadje from Hindoostaun to Mecca, at three different periods of his eventful life.

If the fatigues, privations, and difficulties of the pilgrimage to Mecca be considered, the distance from Hindoostaun must indeed render the Hadje a formidable undertaking; yet, the piously disposed of both sexes yearn for the opportunity of fulfilling the injunctions of their Lawgiver, and at the same time, gratifying their laudable feelings of sympathy and curiosity�­their sympathy, as regards the religious veneration for the place and its purposes; their curiosity, to witness with their own eyes those places rendered sacred by the words of the Khoraun in one instance, and also for the deposits contained in the several tombs of prophets, whom they have been taught to reverence and respect as the servants of God.

Every year may be witnessed in India the Mussulmauns of both sexes forming themselves into Kauflaahs[1] (parties of pilgrims) to pursue their march on this joyous expedition, believing, as they do, that they are fulfilling a sacred duty. The number of women is comparatively few, and those chiefly from the middling and lower classes of the people, whose expenses are generally paid by the rich females. The great obstacle to the higher classes performing the pilgrimage themselves is, that the person must at times be necessarily exposed to the view of the males. The lower orders are less scrupulous in this respect, who, whilst on the pilgrimage, wear a hooded cloak[2] of white calico, by which the person is tolerably well secreted, so that the aged and youthful have but one appearance; the better sort of people, however, cannot reconcile themselves to go abroad, unless they could be permitted to have their covered conveyances, which in this case is impossible.

The qualifications necessary for all to possess, ere they can be deemed fit subjects for the Hadje, are, as I learn, the following:

’They must be true Mussulmauns in their faith; that is, believe in one only true God, and that Mahumud is His Prophet.

’They must strictly obey the duties commanded by Mahumud; that is, prayer five times daily, the fast of Rumzaun, &c.

’They must be free from the world; that is, all their debts must be paid, and their family so well provided for, according to their station, that no one dependent on them may be in want of the necessaries of life during the absence of the pilgrim from his home and country.

’They must abstain from all fermented or intoxicating liquors, and also from all things forbidden to be eaten by the law (which is strictly on the Mosaic principle).

’They must freely forgive their enemies; and if they have given any one cause of offence, they must humble themselves, and seek to be forgiven.

’They must repent of every evil they have committed, either in thought, word, or deed, against God or their neighbour.’

Thus prepared, the pious Mussulmaun sets out on his supposed duty, with faith in its efficacy, and reliance on the goodness of Divine Providence to prosper him in the arduous undertaking.

Many Kauflaahs from the Upper Provinces of India, travel overland to Bombay; others make Calcutta their place of embarkation, in the Arab ships, which visit those ports annually with returning pilgrims from Arabia, cargoes of coffee, Arabian fruits, and drugs. Some few enterprising people make the whole pilgrimage by land; this is, however, attended with so many and severe difficulties, that but few of the present day have courage to attempt it. In those cases their road would be from Delhie to Cashmire, through Buckaria,[3] making a wide circuit to get into Persia. This is the most tedious route, but possesses the advantages of more inhabited places on the line of march, and therefore provisions are the more readily procured. There is one route from the Lahore Province,�­the English territory here is bounded by the river Suttledge, which the traveller crosses into the Sikh country,�­through Afghastaan and Persia. I have not heard of the Kauflaahs making this their road of late; there seems to be always a disposition to fear the Sikhs,[4] who are become a powerful nation under Runjeet Singh; but I am not aware what ground the pilgrims have for their distrust, except that they can scarcely expect the same courtesy from these people as from the Mussulmauns, who would naturally aid and assist the pilgrims, and respect the persons thus labouring to accomplish the command of their Prophet.

Whatever may be the chosen route, the pilgrims must make up their minds to many trials necessarily incident to the undertaking; and to the habits of the Mussulmauns of India, I cannot suppose any fatigue or trial greater than the voyage by sea, in an Arab vessel. It is well for those persons whose hearts have undergone that thorough change, which by the law fits them for the Hadje; with such men, earthly calamities, privations, or any other mere mortal annoyances, are met with pious fortitude, having consolations within which strengthen the outward man: in all their trials they will say, ‘It is in the road of God, by Him cometh our reward’.

The duty of the pilgrims, on their arrival at the Holy Place, is to worship God, and visit the tombs of the Prophets. There are forms and regulations to be observed in the manner of worship; certain circuits to be made round the Kaabah; saluting with the lips the sacred stone therein deposited; and calling to remembrance the past wonders of God, with reverence and piety of heart. I have often heard Meer Hadjee Shaah speak of the comfort a humble-minded pilgrim enjoys at the time he is making his visit to the Holy House; he says, ’There the heart of the faithful servant of God is enlightened and comforted; but the wicked finds no rest near Kaabah’.

The pilgrims visit the tombs of every prophet of their faith within their reach; as the mausoleum of Hasan and Hosein, the Nudghiff Usheruff of Ali, and, if it be possible, Jerusalem also. At Dimishk (Damascus) they pay respect to the burying-place of Yieyah[5] (St. John), over whose earthly remains is erected, they say, the Jumna Musjud[6] (mosque), to which the faithful resort on Fridays (their Sabbath) to prayer.

Within the confines of the Holy House, life is held so sacred that not the meanest living thing is allowed to be destroyed; and if even by accident the smallest insect is killed, the person who has caused the death is obliged to offer in atonement, at the appointed place for sacrificing to God, sheep or goats according to his means.[7]

According to the description of Meer Hadjee Shaah the city of Mecca is situated in the midst of a partially barren country; but at the spot called Taaif,[8]�­only one day’s journey from Mecca,�­the soil is particularly fertile, producing all kinds of fruit and vegetables in great abundance, and the air remarkably pure and healthy. The word Taaif implies in the Arabic ‘the circuits completed’. It is recorded ’that the angel Gabriel brought this productive soil, by God’s command, and placed it at a convenient distance from Mecca, in order that the pilgrims and sojourners at the Holy House might be benefited by the produce of the earth, without having them sufficiently near to call off their attention from the solemn duty of worshipping their God, which they are expressly called upon to perform at Mecca’.

My informant tells me that there is a stone at Mecca known by the appellation of ‘Ibraahim Mukhaun’ (Place of Abraham):[9] on this is seen the mark of a human foot, and believed by pilgrims, on good authority, to be the very stone on which Abraham rested his foot when making occasional visits to his son Ishmael: at the performance of this duty he never dismounted from his camel, in compliance with his sacred promise made to Sarah the mother of Isaac.

The pilgrimage to Mecca is most securely performed by those persons who travel in a humble way; riches are sure to attract the cupidity of the Bedouins. A poor pilgrim they respect, and with him they will share their last meal or coin. The Bedouin Arab delights in hospitably entertaining men of his own faith, provided they are really distressed; but the consequence of deception would be a severe visitation on the delinquent. The two following stories I have received from Meer Hadjee Shaah, descriptive of some of the incidents that occur to pilgrims, and therefore may be acceptable here.

’A good Mussulmaun of Hindoostaun resolved on undertaking the Hadje, being under the strong impression of a warning dream that his earthly career would speedily terminate. He travelled on foot, with one companion only, who was a faithfully-attached friend; they had no worldly wealth, and journeyed on their way as mendicants, trusting for each day’s food to the bountiful care of Divine Providence: nor was their trust in vain, since the hearts of all who saw these pious travellers were moved by the power of God to yield them present relief.

’On a certain day these pilgrims had journeyed from the dawn until eve without a meal, or meeting any one to assist them, when they were at last encountered by a religious devotee of another nation, with whom they conversed for some time. Their new acquaintance having found they were indeed poor, not even possessed of a single coin to purchase corn or food of any kind, expressed his hearty sympathy, and desired to be of service to the pilgrims; he therefore disclosed to them that he was in possession of a secret for the transmutation of metals,[10] and offered some of his prepared powder to the elder Hadjee, by which he would have persuaded him want should never again intrude; adding, “You will with this be independent of all future care about subsistence on your pilgrimage.�

’The pious Hadjee, however, was of a different mind from the devotee, and politely rejected the offer of the powder by which he was to acquire riches, declaring that the possession of such an article would rob him of the best treasure he enjoyed, namely, the most perfect reliance on Him, by whom the birds of the air are fed from day to day without labour or care, and who had hitherto fed him both in the city and in the desert; and that in this trust he had comforts and consolations which the whole world could not grant him: “My God, in whom I trust, will never desert me whilst I rely on Him alone for succour and support."’

My excellent friend says, such pilgrims as the one described may pass through the haunts of the Bedouins without fear or sorrow, and they are always respected. The next anecdote I am about to relate will develop more particularly the Arab’s natural disposition, and how necessary it is for men really to be that they would seem, when placed by circumstances within their reach. Some of the parties were known to my venerable relative.

’Six Mussulmauns from India were travelling on foot in Arabia; they assumed the title of pilgrim mendicants. On a certain day they drew nigh to the tent of a Bedouin Arab, who went out to meet them, and entering into conversation, soon discovered by their talk that they were poor pilgrims from India, who depended on casual bounties from men of their faith for their daily meal. The Bedouin, though a robber, had respect for the commands of his religion; and with that respect he boasted a due share of hospitable feeling towards all who were of his own faith; he accordingly told them they were welcome to his home, and the best meal he could provide for them, which offers they very gladly accepted, and followed him to the tent.

’The Arab desired his wife to take water to his guests and wash their feet after the fatigue of their day’s march, and told her in secret to divert their attention whilst he went out in search of plunder, that the hospitality of an Arab might be shown to the strangers. Then mounting his fleet-camel, he was quickly out of sight. Many a weary circuit the Arab made, his ill stars prevailed; not a Kauflaah nor a traveller could he meet, whence a supply might be extracted, to be the means of providing for his guests; his home was penniless, and with the Bedouins, none give credit. His bad success dispirited him, and he returned to the back of his tent, to consult what was best to be done in this emergency. The only thing he possessed in the world fit for food was the animal on which he rode, from day to day, to levy contributions upon the passing traveller.

’His only immediate resource was to kill his favourite camel. His honour was at stake; the sacrifice would be great; he was attached to the beast; the loss would be irreparable, he thought:�­yet every weighty argument on one side to preserve the camel’s life, was as quickly overturned in the reflection of his Arabian honour;�­his visitors must be fed, and this was the only way he could contrive the meal. With trembling hands and half-averted eyes, the camel’s blood was shed; with one plunge his favourite ceased to breathe. For some minutes, the Arab could not look on his poor faithful servant; but pride drove pity from her haunt, and the animal was quickly skinned and dressed in savoury dishes, with his wife’s assistance. At length, the food prepared, the Arab and his wife placed the most choice portions before their guests, and whilst they dined attended them with respectful assiduity; selecting for each the most delicate pieces, to induce the travellers to eat, and evince the cordial welcome tendered by the host.[11]

’The travellers having dined; the Arab and his wife took their turn at the feast with appetites most keen,�­forgetful even, for the time, whence the savoury dishes were procured; and if an intruding thought of his favourite camel shot across the mind of the Arab, it was quickly chased in the reflection that his prided honour was secured by the sacrifice, and that reflection was to him a sufficient compensation.

’The pilgrims, refreshed by food, were not inclined to depart, and as they were urged to stay by their friendly host, they slept comfortably in the Arab’s tent, on coarse mats, the only bed known to the wandering Bedouins. The morning found them preparing to pursue their march; but the Arab pressed their continuance another day, to share with him in the abundance his camel afforded for the whole of the party. The travellers were not unwilling to delay their departure, for they had journeyed many days without much ease, and with very little food; their host’s conversation also was amusing, and this second day of hospitality by the Arab was an addition to the comfort and convenience of the weary pilgrims.

’The following morning, as was fixed, the travellers rose to take leave of their benevolent host and his attentive wife; each as he embraced the Arab, had some grateful word to add, for the good they had received at his hands. The last of the pilgrims, having embraced the Arab, was walking from the tent, when the dog belonging to the host seized the man by his garment and held him fast. “What is this?� inquired the Arab, “surely you must have deceived me; my dog is wise as he is trusty,�­he never yet lied to his master. This labaadhar of yours he has taken a fancy to it seems; but you shall have my coat of better-looking stuff for your old chintz garment. We will exchange labaadhars,[12] my friend,� said the Arab, throwing his own towards the hesitating traveller. His fellow-pilgrims, hearing altercation, advanced, and with surprise listened to the parley going on between the host and guest.�­“I have a veneration for my chintz, old as it is,� said the pilgrim; “it has been my companion for many years, brother; indeed I cannot part with it.� The dog held fast the garment, and the Arab, finding persuasion was but loss of words, cast a frown of deep meaning on the travellers, and addressed them:�­“Ye came to me beggars, hungry and fatigued; I believed ye were poor, and I sheltered ye these two days, and fed ye with my best; nay, more, I even killed my useful camel, that your hunger might be appeased. Had I known there was money with any of ye, my poor beast’s life might yet have been spared; but it is too late to repent the sacrifice I made to serve you,� Then, looking steadfastly at the chintz-robed traveller, he added, in a tone of sharp authority, “Come, change garments!�­here, no one disputes my commands!�

’The trembling pilgrim reluctantly obeyed. The Arab took up the garment and proceeded with it to where the fire was kindled. “Now we shall see what my trusty dog discovered in your tattered chintz,� said the Arab, as he threw it on the fire. All the pilgrims hovered round the flames to watch what would result from the consuming garment, with intense anxiety. The Arab drew from the embers one hundred gold mohurs, to the surprise and wonder of all the travellers, save him who owned the chintz garment; he had kept his treasures so secretly, that even in their greatest distress he allowed his brother pilgrims to suffer, with himself, want and privations which, owing to his lust for gold, he had no heart to relieve.

’The Arab selected from the prize he had obtained, by the exchange of garments, ten gold mohurs, and presented them to the owner with a sharp rebuke for his duplicity, alluding to the meanness he had been guilty of in seeking and accepting a meal from a Bedouin, whilst he possessed so much wealth about his person; then adding,�­“There is nothing hidden from God; I killed my sole treasure to give food to the poor hungry travellers; my deed of charity is rewarded; deceit in you is punished by the loss of that wealth you deserved not to possess.�­Depart, and be thankful that your life is spared; there are some of my tribe who would not have permitted you to go so easily: you have enough spared to you for your journey; in future, avoid base deceptions."’

Of the Kaabah (Holy House) many wonderful things are recorded in the several commentaries on the Khoraun, and other ancient authorities, which it would fill my letter to detail. I will, however, make mention of the mystic chain as a sample of the many superstitious habits of that age.

It is said, ’A chain was suspended from the roof of Kaabah, whither the people assembled to settle (by the touch) disputed rights in any case of doubt between contending parties.’

Many curious things are related as having been decided by this mystic chain,[13] which it should seem, by their description, could only be reached by the just person in the cause to be decided, since, however long the arm of the faulty person, he could never reach the chain; and however short the person’s arm who was in the right, he always touched the chain without difficulty. I will here relate one of the anecdotes on this subject.

’Two pilgrims travelled together in Arabia; on the way one robbed the other of his gold coins, and secreted them carefully in the hollow of his cane or staff. His companion missing his cash, accused him of the theft, and when disputes had risen high between them, they agreed to visit the mystic chain to settle their difference. Arriving at Kaabah, their intentions being disclosed to the keepers of the place, the thief claimed the privilege, being the accused, of first reaching to touch the chain; he then gave the staff in which he had deposited the money into his fellow-pilgrim’s hands, saying, “Keep this, whilst I go to prove my innocence.� He next advanced and made the usual prayer, adding to which, “Lord, whatever I have done amiss I strive to remedy; I repent, and I restore�; then raising his arm, he touched the chain without difficulty. The spectators were much surprised, because all believed he was actually the thief. The man who lost his gold, freely forgave his fellow-traveller, and expressed sorrow that he had accused him wrongfully; yet he wished to prove that he was not guilty of falsehood�­having really lost his gold,�­and declared he also would approach the chain to clear himself from such a suspicion. “Here,� said he to the criminal, “take back your staff;� and he advanced within the Kaabah, making the required prayer, and adding, “Now my Creator will grant me mercy and favour, for He knoweth my gold was stolen, and I have not spoken falsely in that, yet I know not who is the thief.� He raised his hand and grasped the chain, at which the people were much amazed.’

It is presumed, by writers of a later period, that this circumstance threw the mystic properties of the chain out of favour; for it was soon after removed secretly, these writers add, and its disappearance made the subject of much conjecture; no one could ever ascertain by whom it was taken, but the general belief is, that it was conveyed away by supernatural agency. Another marvellous story is recorded of the Kaabah, as follows:

’A poor pilgrim, nearly famishing with hunger, while encircling the Holy House, on looking up towards the building observed the water-spout of gold[14] hanging over his head. He prayed that his wants might be relieved, adding, “To Thee, O God, nothing is difficult. At thy command, that spout of gold may descend to my relief;� holding the skirt of his garment to receive it, in answer to his faithful address. The spout had been firmly fixed for ages, yet it fell as the pilgrim finished his prayer. He lost no time in walking away with his valuable gift, and offered it to a merchant for sale, who immediately recognizing the gold spout of Kaabah, accused the pilgrim of sacrilege, and without delay handed him over to the Sheruff[15] of Mecca, to answer for his crime. He declared his innocence to the Sheruff, and told him how he became possessed of the treasure. The Sheruff had some difficulty in believing his confession, yet perceiving he had not the appearance of a common thief, he told him, if what he had declared was true, the goodness of God would again be extended towards him on the trial he proposed to institute. The spout was restored to its original position on the Kaabah, and made secure. This done, the pilgrim was required to repeat his faithful address to God, in the presence of the assembled multitude; when, to their astonishment, it again descended at the instant his prayer was finished. Taking up the spout without hesitation, he was walking away with it very quietly, when the people flocked round him, believing him to be some sainted person, and earnestly requested him to bestow on them small portions of his raiment as relics of his holy person. The Sheruff then clothed him in rich garments, and in lieu of the gold spout�­which none could now dispute his right to,�­the same weight of gold in the current coin of Arabia was given to him, thus raising him from beggary to affluence.’

I have often heard Meer Hadjee Shaah speak of this gold spout which adorns the Kaabah, being held in great veneration by the pilgrims who make the Hadje to that place.

All Mussulmauns performing the pilgrimage pay a kind of tax to the Sheruff of Mecca. The present possessors of power in Mecca are of the Soonie sect. The admission money, in consequence, falls heavy on the Sheahs, from whom they exact heavy sums, out of jealousy and prejudice. This renders it difficult for the poor Sheah pilgrim to gain admittance, and it is even suspected that in many cases they are induced to falsify themselves, when it is demanded of them what sect they belong to, rather than be denied entrance after their severe trial to reach the confines of Mecca. The tax levied on the Soonies is said to be trifling in proportion to that of the Sheahs.

Amongst the different places visited by each Hadjee,�­after the circuit is made,�­a zeearut to the tomb of Ali at Nudghiff Usheruff, and the far-famed Kraabaallah of Hasan and Hosein are esteemed indispensable engagements, if it be possible; there is not, however, any command to this effect in the Mussulmaun law, but the Sheahs, zealous for their leaders, are willing to think they do honour to their memory, by visiting those tombs which contain the mortal remains of their respected Emaums.

Travelling through this part of Arabia, Meer Hadjee Shaah says, is attended with much inconvenience and fatigue; but he failed not at each pilgrimage he made, to pay a visit to the mausoleums of his forefathers. He tells me that Kraabaallah was for a long time almost an interdicted visit, through the power of the Soonies, who were so jealous of the respect paid to the Emaums, that the Turks (who are Soonies) raised the price of admission within the gates to one hundred gold pieces. At that time very few people could gratify their yearnings beyond the outside view of the mausoleum; and even now that the entrance-money is much reduced the sums so collected yield a handsome revenue to the Turks.

I will here introduce an anecdote which proves the value certain individuals set on the zeearut (sacred visit) to Kraabaallah, which I have received from my revered pilgrim-friend and relative.

’Amongst the applicants for admission at the gates of Kraabaallah was an aged woman clothed in ragged garments. The gate-keeper, judging from her appearance, that she was destitute of money, scoffed at her presumption; she, however, produced the price of admission with much confidence of manner, and demanded entrance without further delay. The keepers now suspected the old woman to be a thief, and commenced interrogating her how she became possessed of so large a sum. The poor old woman answered them, “I have laboured hard for thirty years at my spinning-wheel, and have debarred myself during those years of all superfluities, contenting myself with a bare subsistence; I have done this that the dearest wish of my heart might once in my lifetime be gratified, to visit and weep over the tomb of my Emaums. Here, take the fruits of my labour, and let me have my reward; every moment delayed is agony to me."’

In journeying through Arabia, pilgrims are much annoyed with the intrusion they so frequently meet with from the idle Arabs, who force their way into every stranger’s place of sojourn without ceremony, to strain the nerves of charity from ‘brethren of the faith’.

There is a maxim well known amongst Mussulmauns,�­the words of Mahumud,�­’With the faithful, all are brothers’; and this is the pass-word with those idle men who pretend to have too much pride to beg, and are yet too indolent to labour for their support.

A Mussulmaun,�­however great his rank,�­is seated with his friends and attendants; an Arab, who lives by this method, stalks into the tent or apartment, salutes the master with, ‘Salaam-oon-ali Koom!’ (health or peace be with you!) and unbidden takes his seat on the nearest vacant spot to the head person of the assembly. After the first surprise excited by the stranger’s intrusion, he looks at the master and says, ’I claim the privilege of a brother’; by which it is to be understood the Arab requires money from the richer man of his faith. A small sum is tendered, he receives it without indicating any sense of obligation, rises from his seat, and moves off with no other than the familiar salute which marked his entrance, ’Salaam-oon-ali Koom!’[16]

A rich Eunuch, of Lucknow, accompanied Meer Hadjee Shaah on one of his pilgrimages, with a large Kauflaah. Upon one occasion, when the whole party were seated in friendly conclave, some of these idle Arabs entered in the way described; the Eunuch was unacquainted with the language, or the manners of Arabia, and expressed his dislike to their freedom in warm language, and evident anger in his countenance; many had claimed the tribute of brotherhood, when the Eunuch, who was accustomed in his own country to receive respect and deference from inferiors, lost all patience with the uncourtly intrusion of the Arabs, and evinced his wrath to the proud Arab then present, who understood by his violent manners, if not by his language, that he was offended with him. The good sense and kindly manner of Meer Hadjee Shaah restored tranquillity in the assembly; he gave money to the man, and apologized for his friend’s ignorance of the customs of Arabia: thus preventing the enraged Arab from fulfilling his threat of forcing the Eunuch to appear before the Sheruff of Mecca.

Nudghiff Usheruff, the burying-place of Ali, is the resort of many pious men of the Mussulmaun persuasion, as well as the shrine to be visited by ‘the faithful’ of the Sheah sect. Amongst the many singular stories I have heard of the devout men of that religion, I select one from the number relating to a man whose abode was�­through choice�­near the shrine of their beloved Emaum Ali. I shall give it in exactly the style I have received it, through my husband’s translation, from an old work in the Persian language.

’In the reign of Nadir Shaah,[17] a devout man of the faith took up his abode in the vicinity of Nudghiff Usheruff in Arabia. He was a Syaad, named Harshim;[18] a man of great learning, whose heart was set on seeking with love the most merciful God, whom he served faithfully. Syaad Harshim, conscious that the riches and honours of this world are inadequate to procure eternal happiness, and feeling convinced that the more humble a man’s mode of living is, the greater are the prospects of escaping temptations in this life of probation, resolved on labouring for his daily bread, and relinquished with his paternal home, the abundance and riches which his ancient house had long boasted.

’Syaad Harshim selected Nudghiff Usheruff for his sojourn, and the business of a woodman for a calling. The piety of his life, and the goodness of his heart, drew upon him the respect of the inhabitants of the city. It was his practice to spend every day in the jungle (wilderness) cutting fire-wood, of which he gave a light burthen to his ass; and returning towards evening to the populated city, he found ready customers for the load which his day’s labour produced. His honesty and love of truth were proverbial: he asked the price for his wood which he intended to take; if more was offered, it was rejected,�­if less, he would not accept it.

’One evening, a man of superior address to his usual customers, but poorly clad, met him at the entrance of the street, and bargained for the load of wood. Syaad Harshim was penetrating, and could not help expressing his surprise at the circumstance of one, evidently moving in a higher sphere, being there to purchase wood. “I see,� said the Syaad to the purchaser, “that your station is superior to your circumstances!�­How is this?��­“My story,� replied the stranger, “is not, I fear, uncommon in this age of the world. I will relate it briefly:�­I was once a rich man, and my mind was set on making the pilgrimage. Aware that valuables and money would be an incumbrance to me on my journey, I applied to the Kauzy of this city to take charge of all my worldly riches during my absence, to which he readily consented, and having packed my jewels, money, and valuables in a strong chest with a good lock, I gave it into his charge and departed.

’"My pilgrimage accomplished, and tired of a wandering life, I returned home after a few years’ absence, waited on the Kauzy, and applied for the treasure I had deposited in his care; he denied all knowledge of me or my valuables, pretended not to understand me, called me an impostor, and eventually drove me from his house with violence. I again tried the Kauzy by expostulation, and sent my friends to him, but all without benefit; for here I am as you see me, Syaad Harshim, reduced to penury by the Kauzy’s injustice. The world esteems him a person of great character, and condemns me as the unjust one. Well! I can say no more; I know that God is merciful, I put my trust in Him!� “Ameen,� responded the Syaad, “do you so, and it will yet be well with you.�

’The stranger lingered with the sympathizing Woodman, and after some time had elapsed he asked him if he would interest himself with the Kauzy to effect a restitution of his rights, adding, “All are willing to give you, O Syaad, great credit for superior virtues.� Harshim replied he had no merit to call for his fellow-mortals’ good opinion, but as he felt interested in the affair he would certainly visit the unjust man, and requested the stranger to meet him at the Kauzy’s door on the following morning.

’Arrived at the Kauzy’s residence, Harshim was received with evident pleasure, for though but a woodman, he yet was known to be a person of superior rank, and a man universally respected for his great piety. After the common salutations, the Syaad stated the object of his visit, assuring the Kauzy he was actuated purely by good feelings towards him in the part he had undertaken;�­being desirous only of preserving his soul from the evil that attended the unjust men of this world, who die without repentance and restitution to those whom they have injured. Then calling the stranger forward, he said with firmness of voice and manner, “Behold this man! he left money and jewels in your charge whilst he went on his duty to the pilgrimage; he comes now to demand his property, give back his chest of treasures without delay, honestly and justly, as you hope for mercy in a future state!�

’The Kauzy answered, “I have it not, Syaad Harshim, you may believe me; this fellow wickedly raises the falsehood to injure me, and it is as much to his own dishonour as to my discredit. I beg, therefore, you will neither give credit to his base assertions, nor think so meanly of me; my station as Kauzy of this district should, methinks, screen me from such imputations.��­“True,� said Harshim, “the station you occupy in the world, and the place you hold as Kauzy, prevent suspicion from attaching to you; hence this poor man has not yet found redress to the justice of his claims. I would have you believe me sincerely your friend, in desiring to bring your heart to repentance, and thus only can your soul’s safety be secured. I know you to have this man’s property, and your own heart even now convicts you of the injustice you practise. Nothing is hidden from God;�­reflect on the punishment prepared for the unrepenting hypocrite. Listen, whilst I relate to you my own convictions, or rather experience, of that terrible punishment which is prepared for the impenitent hardened sinner beyond the grave.

’"I have been a woodman for several years, and by my daily labour have earned my coarse food. Some years since, I was sick and unable to pursue my usual occupation; my supply was thus cut off. Requiring temporary relief, I applied to a rich Banker of this city for a trifling loan; my request was promptly complied with, and I engaged to repay the sum by two pice each day upon again resuming my employment. By the mercy of God I recovered; and on the evening of each day, as I sold the wood my day’s labour produced in the market, I paid the Banker two pice. On the very day, however, that the last two were to have been paid, the Ban