Joint Memorandum of Minorities Educational Institutions & Deeni Talimi Council

The Bill appears to have been (drafted in a hurry) without taking into accounts its repercussions and implications ... The suggestion made during the debate in Vidhan Sabha to the effect that the Bill be referred to a Select Committee was brushed aside. The undue haste betrays the Government's motive and is confirmed by the abundance of vagueness and lack of specificity..

... Its genesis itself is untenable. The Chief Minister and the concerned Minister are on record linking the introduction of the Bill primarily to the State Government's assessment of the situation on the Indo-Nepal border. It was stated that the population of Muslims in that area has in recent times registered an unusual growth, and that, further, there has been a mushroom emergence of madarsas and mosque. This situation, the Minister seems to have inferred, provides an operation threare for ISI activists ... There is no evidence to show that madarsas have harboured ISI agents, nor have the Inerease in population and the trend relating to establishment of madarsas been analysed to prove that the growth of madarsas and that of the population of Muslims during this period have been abnormal ...

Violation of the Constitution

The restrictions imposed by the provisions of the Bill are violative of Articles 25, 26, 28, 29 and 30 of the C'onstitution ... The term "building" includes any structure or enclosure in any part of the building. "Construction" includes expansion, conversion or reconstruction of a building. The definition extends the scope of the Bill to even minor alterations in a religious building. It will be seen that the Bill leaves considerable scope for ...

harassment which persons desirous of constructing, expanding. altering or even repairing a religious building will have to undergo.

No Provision for Appeal to Judiciary

It is strange that on such a sensitive issue the only appeal provided is from the judgement of a bureaucrat to another bureaucrat, both of whom, in the situation as it obtains, will be under political pressure.

The construction of religious building and earmarking and establishment of a religious place do require collective effort. Under the new dispensation the donors will normally withhold their donations ill such time as the District Magistrate's approval has been obtained and the District Magistrate in his turn may initially reject the application on the ground that funds for construction are just not available ... Those subscribing to the construction of a religious building which fails to receive the District Magistrate's permission, can be prosecuted for abetment of an offence that has unnecessarily been made a cognizable offence, on committing which one can be arrested without a warrant. In sum, the Bill, can make its enforcement erratic, arbitrary and capricious ...

(Under) Clause 6 ... even those buildings which are likely to be used as public religious building will be covered by this provision ... The Bill is also ... according to Government's own statement in the Vidhan Sabha and outside directed against religious buildings and religious places of one particular community, namely the Muslims.

ISI activists can be squarely dealt with under Section 120(A) and 120(B) of the IPC for criminal conspiracy to commit an offence. Section 121 of IPC can also be invoked in such cases because ISI is evidently waging a war against the Government of India ... The State Government has not taken care to use the powers available to it under IPC and has resorted to a legislation which instead of dealing with, a limited number of offenders brings in hundreds and thousands of innocent persons within its cruel ambit ... In a situation where a) the enforcement of existing laws has been very ineffective; b)' the State police is biased against the weaker sections and minorities; and c) the Indian Penal Code adequately provides for dealing with offenders in question, it is highly inappropriate and inopportune to add yet another punitive Act to the Statute Book ... The Bill, if enacted, will lead to widespread communal tension. Muslims consider it a direet attempt to interfere with the profession and practice of their religion.

It is unfortunate that instead of eliciting the cooperation of the Muslim community in fighting the ISI menace a studied effort is being made to alienate them irretrievably ... It has been correctly suggested ... that the Bill should provide for participation by members of different communities in deciding the desirability of having yet another temple or mosque in a locality.

The Bill seems yet another step in the unannounced but unmistakable changeover from the  welfare State to a police State.

... The proper way of dealing with the subversion to make a provision in the Bill authorising the State Government to apply it, as the need arose from time to time, to areas where conditions were disturbed due to ISI activities. The time-honoured method of dealing with a problem is to localise it and not to generalise it.

... The ill-conceived and unfair piece of legislation has sent ripples of grave dissatisfaction. All over the country Muslims are feeling terribly insecure. They consider this Bill as an engine of torture and an effort to interfere with the profession and practice of religion. Protests and meetings are being held against the sinister move all over the country ... We implore, in the interest  not only of the Muslim community but also in the interest of maintenance of law and order and communal harmony to intervene and withhold your assent to the Bill and send it back to the State Government for reconsideration ... This would necessitate the redrafting of the Bill ...

Joint Memorandum to President on UP Bill (Extracts)

No one can object to the UP Government wishing to deal firmly with ISI activities. The question that arises is whether this is the real motivation, or, it is an excuse to give unfettered powers to the District Magistrates so that these can be used to serve the purposes of the RSS ...

It is, therefore, our submission that as the protector of the Constitution, you should take such steps or measures, as you consider appropriate to ensure that the Bill ... is not enacted for the following reasons:

1. If the ISI has to be dealt with, or there are other objectionable activities of any religious group or individual ..: existing provisions and laws can be applied ...

2. Objections from the Muslim community are being met by maintaining that the Bill does not discriminate against any religion as it applies to all religions and faiths. If this was so, then why is the only justification or motivation being attributed to the increased. ISI activities? ... It is thus against the Muslims that the provisions of this bill will be used ... in violation of Article 15 of the Constitution.

3. The provisions in the Bill are draconian and fascist in character ... As Hindus, Sikhs, Muslims, Jains, Buddhists and Christians would all need to take prior permission before organising any religious activity outside a recongised place of worship.

4. Wide discretionary powers have been given.to DMs. It is left to the DM to determine whether he thinks that any place 'is being used, or is likely to be used', for any kind of religious activity ... Any order of the DM ... cannot be called in question in any civil court.

5. The provisions of the Bill will enable the present Government of Uttar Pradesh to pursue their hidden agenda through the officials. It ... is now making appointments of officials; particularly DMs and Commissioners, on the recommendation of party cadres.

6. Securing prior approval for ... normal repairs as well, would led to unwarranted red tape, and consequential corruption.

7. Above all, the provisions of the Bill are in violation of the letter and spirit of Articles 25 and 26 of the Constitution ... If permitted to be enacted, it would destroy the secular fabric of our great nation.