National Press Comments Editorial, The Hindustan Times, 7 Jan., 2000
The UP legislation seems to have caused a sense of disquiet among the minorities. The opposition has also voiced the suspicion that the ruling party might have ulterior motives ... As a justification for arming itself with this new law, the state government has cited the need to check ISI activities in the areas bordering Nepal. The recent hijack to Kandahar, which originated in Kathmandu, has lent a seeming urgency to the legislation.
The real issue, however, is how necessary it is to have a fresh law to keep an eye on the ISI. Any number of legal and administrative devices are already available ... If an existing religious place is being used for illegal activities, the law enforcement agencies have enough powers to swoop down on them. Thus, if the instruments of state have an honest intent, there is nothing to stop them from performing their duty ... What is lacking is earnest and even-handed implementation ... it is unlikely that a new entry in the statute book will genuinely curb wrong- doing ... The minorities ... fear (the new law) might give communalised elements in the executive an opportunity to target whole communities. In any case, a miscalculation is also sometimes made that ISI networks find succour only from dubious characters among the minorities.
Editorial, The Statesman, 8 January, 2000
UP Regulation of Public Buildings and Places Bill has been pushed through citing "national security" as the excuse. The Government's motives, however, are dubious. Very real and valid fears are that it will be used to harass the minorities. As in the case of TADA which was abused widely ... to incarcerate a large number of innocent Muslims without trial, dubbing them terrorists, this law is also open to abuse. It is urged that the Bill is to prevent mushrooming of mosques and madrasas along the Indo-Nepal border because some of them are used by militants as hide-outs, in which case surely the answer is to pinpoint these and flush them out ... Instead of dealing with the real issue, the Bill arms Govt. with sweeping powers to interfere with religious freedom. The DM - answerable to Govt. - is given the power to decide where or whether a place of worship can be built, or whether an existing mosque or church can continue to be used. He will frame rules for removal of illegal construction from such places. Will Govt. apply this to a certain makeshift temple, hurriedly and illegally foisted on the debris of the Babari Masjid on 6 Dec. 1992? ... Once the law is in place minority religious institutions will function in a perpetual state of insecurity, at the mercy of local Govt ... The real reason is to strengthen their Hindutva plank and stop the expansion of both Islam and Christianity ... A similar law will simply give the VHP-HJM legal sanction to destroy churches ... Such a law can only instill fear and tension among religious minorities and reduce them to second-class citizens. This must not pass.
IUML: President G.M. Banatwalla's Letter to President, 7 February, 2000
The Bill gives unbriddled-sweeping powers to the State Government ... Further (the Bill) bars the jurisdiction of courts ... The provisions of the Bill are in gross violation of the Fundamental Rights ... In particular, there is a total violation of religious freedom guaranteed by Articles 25 and 26 and the right of minorities under Article 30 to establish and administer educational institutions of their choice ..
The only reason for the proposed black law, as given in the 'Statement of Objects and Reasons' appended to the Bill, is to ensure public order in the State. There is not a word to show how religious places, their use and construction, threaten the said public order ... There is dearth of laws, including the Religious Institutions (Prevention of Misuse) Act, 1988 to deal with criminals and misuse of places.
The State Government motives are dubious. The Muslims and other minorities ... apprehend harassment, denial of religious freedom and abuse of the proposed, law by the state machinery ... It is shocking that legislation in secular India can pave the way to legalise destruction of religious places and denial of constitutional and human rights. This can only be in furtherance to the objective of establishment of Hindu Rashtra or ... Hindutva, in subversion of the Constitution.
I strongly urge upon you to withhold your assent to the obnoxious Bill.
Joint Statement of Muslim Organisations, 21 January, 2000
Representatives of prominent Muslim organisations including Jamaat-e-Islami, Jamiat Ulema-i-Hind, All India Muslim Majlis-e-Mushawarat, Movement for Empower-ment of Muslim Indians, All India Shia Conference and prominent Muslim personalities held a meeting to consider the grave consequences arising out of the Bill proposed to be enacted in UP viz, UP Public Religious Building and Places Regulation Act.
The representatives believed that the provisions of the Bill in effect prohibiting all religious communities from not only constructing new places of worship, but modifying, reconstructing or extending any existing places of worship is a direct attack on the freedom of religious worship guaranteed by the Constitution of India. All minority communities in general and the Muslim community, in particular are gravely perturbed at this development. They, therefore, strongly condemn the Bill as passed by the UP Legislature and request the Governor of UP not to give his assent to the proposed draconian law which contravene the Constitution of India and also request the Government of India and all secular parties to intervene in the matter without loss of time.
Md. Shafi Moonis, Md. Rafiqua Qasmi, Mahmood Madni, Moosa Raza, Syed Shahabuddin, K.M. Khan, Saifuddin Soz, Mohd. Afzal, S.M. Hasnain
