All India Muslim Majlis-e-Mushawarat

Resolution of the Markazi Majlis-e-Amla, 11 August, 2007

1. On Formation of JCMOE

The Markazi Majlis-e-Amla (MMA) of All India Muslim Majlis-e-Mushawarat (AIMMM) welcomes the formation of the Joint Committee of Muslims Organizations for Empowerment (JCMOE) and endorses the Charter of Demands, submitted by the JCMOE to the Government. The MMA supports its request to the Central Government to take the initiative for full discussion in the Parliament on the situation of the religious Minorities, particularly the Muslim Community, in the light of the Prime Minister’s New Programme for the Welfare of the Minorities and the recommendations of the Sachar Committee and the Mishra Commission. The MMA hopes that a discussion will produce a national consensus in favour of effective and urgent steps for the uplift of the Muslim Community.

The MMA has followed the various statements made by the government and has come to the conclusion that its basic approach needs reconsideration. The MMA seeks universalisation of development schemes for the benefits of all eligible persons as far as possible. Alternatively, the MMA demands proportionalisation of benefits among various social groups in proportion to their population in the distribution zone without fixed percentage or selection of districts. As the most backward group among the religious Minorities, the Muslims need to have a sub-quota under each scheme as provided in the case of the scholarship scheme e.g., in the case of flow of Bank credit.

The MMA also feels that the district mapping covers only 1/3 of the Muslim population and allocation for towns of Muslim concentration does not guarantee delivery of benefits to Muslim Mohallas unless the terms of allocation pinpoint specific shortages in Muslim areas. This is equally true of educational facilities whose establishment in a Muslim concentration area does not guarantee any real benefit to the Muslims in admission unless they enjoy a quota proportional to their population in the institution.

2. Resolution on Record of Mayawati Government in UP

The MMA of the AIMMM expresses its dissatisfaction with the attitude of the newly installed state government in UP under Chief Minister Mayawati towards the Muslim Community. Months after the sordid event, the culprits of the Dhani Deh atrocity have not even been apprehended. A state Minority Commission has been formed with only 3 Muslim members and a majority of non-Muslims. The Noida Qabristan remains under occupation of a private party to which it was leased by the Mulayam Singh Government.
In Assupur, Saharanpur, the Hindu youth who ransacked a private Masjid and forced some Muslim residents to leave the village have not been apprehended. Similarly, the culprits of Haribandhanpur in Siddharthanagar who on 7 August, 2007 demolished a Madrasa and beat up the Imam are roaming freely.

On bigger issues, there is no indication yet about the appointment of a Special Public Prosecutor for the Hashimpura Massacre Case under hearing in Delhi. The notification for combining the Criminal Cases related to the Demolition of the Babri Masjid in 1992 under one Special Court in order to facilitate effective prosecution is yet to be issued.

There has been no progress towards the implementation of the statutory declaration of Urdu as the second official language of UP either in administration or in legislature. In the educational field, Urdu remain unrecognized as a medium of instruction even at the primary level and the Urdu speaking students remain deprived of learning their mother tongue Urdu as the First Language in school under the Three Languages Formula and forced to study Sanskrit in lieu of Urdu. The State Government has not established a single Urdu medium primary school or recognized Urdu medium schools established by the Urdu speaking community under Article 30 of the Constitution or sanctioned adequate number of posts of Urdu and Urdu medium teachers.

The MMA is of the view that the redressal of these basic grievances relating to freedom of religion and educational and linguistic rights is more important than Bhaichara Sammelans being organized in the state by the ruling party.

The MMA calls upon the Mayawati Government to endeavour to remove from the Muslim community the feeling that it is insensitive to the legitimate grievances of the Muslim Community, rising above the demand of local politics.

3. On Implementation of the Sri Krishna Commission Report on Bombay Disturbances, 1992-93

The MMA of the AIMMM demands urgent action on the Sri Krishna Report on Bombay disturbances in Dec1992-March 1993, particularly the prosecution of the police personnel and political leaders indicted by the Commission and the revival of more than 1000 cases filed and frozen by the Police. The MMA is sad to recall that the Congress-NCP Government which succeeded the BJP-Shiv Sena government has proved itself to be equally apathetic and insensitive. The MMA requests the Hon’ble Supreme Court to order investigation by the CBI and transfer of cases to other states as the Maharashtra/Bombay Police cannot be trusted by the Muslims.

4. On New Bills on Freedom of Religion in BJP-ruled States

The MMA of the AIMMM expresses its deep anguish at the continuous endeavour by the BJP-ruled states, Rajasthan, MP and Gujarat to reduce the space for the exercise of the fundamental right of freedom of religion by the religious minorities. The Bills they have recently passed contain draconian measures like advance intimation of intent to change religion to district authorities on pain of punishment. These Bills also describe Buddhists and Jains as Hindu and indeed target only Muslims and Christians.

The MMA appreciates the reference of such obnoxious Bill by the Governors concerned to the President for advice. What is worse is that the Congress ruled Himachal Pradesh has also enacted a similar law.
The MMA regards these Bills as tactics to terrorize the Christian and Muslim Communities, because in terms of numbers the actual cases are very few, which can be tackled under normal criminal law.

The MMA hopes that the Central Government shall fully stand by the constitutional guarantee of freedom of religion, the right to profess practise and propagate a religion of one’s choice and advise the states not to enact such laws which in fact curb freedom of religion and discriminate between the Hindus and the people of other faiths.

5. Resolution on Sectarian Violence

The MMA of the AIMMM strongly deplores the revival of the Barelvi-Deobandi conflict in Gujarat and sincerely appeals to all Muslim sects and denominations not to bar any Muslim from performing Namaz, congregationally or individually, in any Masjid. The MMA deems it unfortunate that at a time when the Muslim Community as a whole is being targeted by hostile forces in many ways, sectarian differences are raised which can only divide and weaken the community.

6. Resolution on Revival of Assam Agitation

The MMA of the AIMMM takes note of the expulsion of Bengali speaking citizens from Arunachal Pradesh and Nagaland to Assam, which has provided the excuse for the chauvinist forces to revive the anti-foreigner agitation and create tension and conflict.

The MMA requests the Central Government to inform the State Governments of Arunachal Pradesh and Nagaland that irrespective of their origin and language, all citizens have the right to move freely throughout the national territory and settle in any part thereof.

The MMA also requests the Government of Assam to curb the agitation directed against suspected foreigners and against migrants from other states like Bihar with a strong hand, as well as expedite the updating of the Register of Citizens as directed by the Supreme Court and expeditiously determine the status of the suspected illegal migrants as well as introduce identity cards for residents in the border areas to check against future immigration.

7. On Amendment to Wakf Act, 1995

The MMA of the AIMMM draws the attention of the government to the universal demand for expeditious amendment to the Wakf Act, 1995, in the light of the observations and recommendations of the Sachar Committee and the suggestions made by the All India Muslim Personal Law Board. The MMA requests the Joint Parliamentary Committee on Wakf to give the highest priority to the finalization of its recommendation on the subject in the light of the inputs from various official and un- official bodies. So that the Wakf properties illegally leased by the Wakf authorities can be restored and no Wakf property can be alienated without public notice.

The MMA also requests the Ministry of Minority Affairs to initiate vigorous action for the restoration of the Wakf properties which are under the occupation of the government or official or semi official bodies.

The MMA also requests the Ministry of Minority Affairs to repeal the 2002 Trifurcation Notification, which is not only patently illegal but has been found impossible to implement within the letter and spirit of the Wakf Act, 1995 for safeguarding the Wakf properties in Punjab, Haryana and Himachal Pradesh and the Union Territory of Chandigarh because all these states and the Union Territories have very small Muslim populations.

The MMA demands the re-establishment of a viable interstate Wakf Board not only in this region but in all other states/UTs which have small Muslim population and few Wakf properties.

8. On Reorganization of States

The MMA of the AIMMM supports the idea of establishment of a second State Re-organization Commission in order to meet the legitimate aspirations of the people in various parts of the country particularly, in West and East UP, Maharashtra, Andhra Pradesh, Chhattisgarh and Karnataka. The MMA is of the view that smaller states shall be administratively more manageable, financially more viable and develop an inbuilt sense of solidarity among the people.

9. On Separate Investigation Agency for Encounter Killings

The MMA of the AIMMM demands the establishment of an autonomous Central investigation agency charged with suo moto enquiry into all cases of encounter killings, custodial deaths and involuntary disappearances, under the supervision of the National Human Rights Commission.

10. On National Policy for Rehabilitation and Resettlement of the Displaced in Communal Violence and by Development Projects

The MMA of the AIMMM draws the attention of the Central Government to the urgent need for the formulation of a National Policy for the Rehabilitation and Re-settlement of those Displaced during communal disturbances as well as by development projects. The national policy in this regard should be binding on all State Governments.

11. On Unwarranted Detention of Ma`dhani & his Acquittal

The MMA of the AIMMM welcomes the acquittal of Maulana Nazir Ma`dhani, the leader of the PDP, Keraela, by the Special Court, Chennai, after long years of unwarranted incarceration without any evidence.

On one hand, the MMA admires the spirit of forgiveness shown by Mr. Ma`dhani and his decision of not seeking any compensation for his long years of detention and the tortures & difficulties that he suffered.

On the other, the MMA sees the Ma`dhani case as an example of how the political system tries to break down the morale and crush the spirit of a radical dissident by unlawfully using the power of detention on suspicion vested in the police and unduly prolonging the course of investigation and prosecution. In this context, the MMA recalls it representation to the Chief Minister of Tamilnadu & to the Prime Minister for release of Mr. Ma`dhni when he was critically ill and the trial was taken to its legal end.

The MMA knows that though he was an established political leader, he was treated as a common criminal only because he was a Muslim. This shows that the communal venom has permeated the police and the magistracy not only in Gujarat & Maharashtra or A.P. & Karnataka, but even in Kerela & Tamilnadu.

The MMA therefore, appeals to the governments concerned to reform and reeducate the police force and above all reconstitute it as a composite force throughout the country representative of all sections of the people.

12. On Situation in Palestine

The MMA of the AIMMM deplores the split between the Hamas and Al-Fatah, which has resulted in the collapse of national government and virtual division of the territory held by the Palestinian Authority. The MMA also, considers the recognition of President Mahmood Abbas, and of the ‘Prime Minister’ un-constitutionally appointed, by the USA and other permanent members of the Security Council, as a favourable gesture towards Israel without its making any concession to pave the way for the proposed International Conference on Palestine. This Conference, in the MMA’s view, will not lead to any final settlement in the absence of Hamas, the democratic voice of the Palestinian people and merely strengthen the US and Israeli strategy to complete their conquest of the Middle East.

The MMA has noted the reluctance of Saudi Arabia and some other Arab states to fall in line with the USA and supports their demand for prior understanding on important questions like withdrawal of Israel from the Occupied territories, dismantling of Israeli settlements and recognition of East Jerusalem as the capital of the future Palestine state and of the right of return of Palestinian refugees.

The MMA requests the government of India to support democracy and justice and take a clear stand on the US initiative.