Jamia, Religious Freedom and Muslim Education: Constitutional Rights, Institutional Autonomy and the Legacy of Gandhi and Zakir Husain


 

EDUCATION

JMI: Statement of Former Acting Vice-Chancellor Mushirul Hasan, 20 June, 1997

 

 

 

 

 

"I have lied through harrowing times, although my family, friends and colleagues have shared my pain and trauma. But the silver lining is that our stand is vindicated. We made no concessions to our detractors. We made no deals with politicians or political parties. So that our adversaries, including self-seeking politicians, obscurantists and land grabbers, are isolated in the university. The liberal and secular elements, on the other hand, have tasted victory after five years".

"The weight of orthodox reaction could not stifle my basic and fundamental right - the essence of university life - to express my views, which were in the context of Jamia, purposefully distorted and torn out of context.

I was not in the running for any office, though I was absolutely determined to assert my right to enter the campus. Now that I have done so, this is an appropriate moment to make it known to all concerned that I am not interested in holding any administrative office in Jamia now or until my superannuation.

I thank my friends and colleagues in Jamia, whose courage and tenacity were a source of strength for him. All these years the media understood my position and rallied around me. The University Grants Commission and the HRD Ministry expressed their solidarity in several different ways. Their understanding enabled me to do a few useful things in Jamia."

 

 

Kerala High Court On Ramazan Holidays

Parent-Teachers' Association, Government Lower Primary School, Appellant v. Chalil Kunhimmu Haji and others, Respondents.

U.P. SINGH, C.J. AND S. SANKARASUBBAN, J.

Constitution of India, Articles 25, 26 and 51A -Secularism - Granting of concession by State - To avail of Ramzan holidays by schools where Muslim students are in majority and allowing them to work during midsummer holidays - Does not affect secular nature of State - It is also not violative of Rule 5(4) of Kerala Education Rules.

Granting a concession by the State to avail of the Ramzan holidays by the schools where Muslim students are the majority and allowing them to work during the midsummer holidays does not calculate the sabotage secularism and does not affect the secular nature of the State such a concession would not also be violative of Articles 15, 16, 25, 26, 27, 28, 30 and 51-A of the Constitution.

Allowing the citizens to discharge their religious functions is not against the secular interest of the State. Article 25 not only protects the freedom of religious opinion, but it also protects acts done in pursuance of a religion, which is obvious by the expression "practice of religion" in Article 25. The religious practices should be regarded as a matter of religion within the meaning of Article 26(b) of the Constitution. The protection under Articles 25 and 26 of the Constitution also extends to the acts done in pursuance of religion and, therefore, contain a guarantee for rituals and observances, ceremonies and modes of worship, which are integral parts of religion. (Source: AIR 1997 Kerala 97)

 

Gandhiji's Testimony on Foundation of Jamia Millia Islamia

Letter to Nawab Hamidullah Khan of Bhopal, 16 December, 1940

Here is a pathetic letter from Zaheer. You will not mind my approaching you for the assistance. From a tiny thing, Jamia has become a big institution. You know that it was the joint creation of the Ali Brothers, Hakim Sultan and Dr. Ansari. Dr. Zakir was Mohammad Ali's choice. And he has, so far as I know, come up to the highest expectation. He has able and self-sacrificing assistant. I know you have huge cells on your purse. But this should not be a strain on your purse. I leave the case in your hands.             

(Ref: Collection Works, Vol. 73, Page 237-238)

 

Dr. Zakir Hussain on Education for Muslims

An extract from Convocation Address to Kashi Vidyapeeth

'I fully trust that if our educational experts work out an educational system for India, they will accept the request of Muslims to base their education on the foundations of their culture. Both education and politics endorse this demand. Please forgive me if I say that what alienates the Muslims from united nationalism is not just the personal selfishness or imbalance of an individual or his deviation from the right approach towards the country but this apprehension that under the national government the Muslims will lose their identity. Muslims are not prepared to pay this price. As a Muslim also, I am happy that the Muslims are not prepared to pay this price because this would not only harm the Muslims but viciously affect the Indian culture.'

 

Let the Kashmiris Decide : Ayub Khan

"Let the Kashmiris decide. Let them vote on (a referendum) if they (Kashmiris) wanted to join with India let them and if they want to join Pakistan, let them".

 (Source: The Hindu, March 23,1997)





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