Activities of IOS Chapters

ALIGARH CHAPTER

Ayodhaya Dispute and the Indian Nation

The noted historian Prof. Irfan Habib delivered a lecture on “Ayodhaya Dispute and the Indian Nation” on October 26, 2003 at the Institute building of IOS, Aligarh Chapter. The lecture was attended by a large number of academics of Muslim University as well as the prominent personalities of the Aligarh city.

Commenting on the Archeological Survey of India’s (ASI) recent excavation report on the existence of temple underneath the Babri Masjid, Prof. Habib focused on the recent controversy of Babri Masjid and Ram Janam Bhoomi and the judgment of the courts in favour of idol to be placed in Babri Masjid and said how the Indian nation is misrepresenting the truth while the Visha Hindu Parishad’s own textual reference could not prove the Ram’s birth place at that site. This is unfair decision of ASI and a clear deviation of neutrality by the court, he pointed out. In this context he also referred to A.G. Noorani’s recent documentary book on Babri Masjid.

He analyzed the whole episode of controversy in his highly academic and amusing tone, and quoted Sanskrit and Islamic sources used by the historians showing that there is no proof of Ram Temple there. When Babri Masjid was destroyed in 1992, the President of India expressed deep concern using the word “Babri Masjid” but later on that word became “disputed structure” and Indian government as well as the court began to use this word as if the mosque was disputed issue after its contruction.

He said, ASI report put hardly any rationalized arguments and it came with the sole purpose to find any proof of temple there. As the excavation report itself pointed, beneath the mosque were the bones of eaten animals and glazed potteries. These came in India only with Muslims from Iran, and it was never found in the Hindu use. How is it possible that glazed ware can be found in the temple, he asked? The report also shows the existence of 4 pillars there on which a 15 meter wide stone monument was resting. But this 4 pillar theory also goes in favour Muslim construction and it is quite clear that Babri Masjid was built on another mosque there, he said.

Prof. Habib, however, lamented the role of Jawahar Lal Nehru and Sardar Patel on this issue in their time. But the current Indian government as he said, is unable to maintain its neutral role and is rather determined to convert the mosque into a Hindu temple. He said though he is not a devout Muslim, his fight is against the unjust attitudes of the government. In this endeavor, he cited the role of historians of Jawahar Lal Nehru University, and of the academics of other Indian universities who have voiced their concern at this development.

He concluded that since the ASI is not an independent organisation, its report violates the laws, and it is essential that political parties take stand that this report cannot be taken as it came out.

The programme was presided by Prof. Ifitkhar Ahmad Khan who said that Prof. Habib’s lecture should be circulated in print form to the general people.

At the end, Coordinator of the IOS Aligarh Chapter, Mohammad Muqim thanked the speaker and the audience.

Social Morality and Role of Teachers

On the occasion of National Teacher’s Day, September 5th, the IOS Aligarh Chapter organised a discussion on “Social Morality and the Role of Teachers” at its premises. A good number of University and school teachers and students took part in the discussion.

Mr. Muhammad Muqim, Coordinator, IOS Aligarh Chapter, initiated the talk and marked the Teacher’s Day as the most significant one from the point of view of nation building. Teachers, he said, transfer knowledge and broaden the horizon of student’s thinking and nurture moral and ethical values in our society.

The first speaker on the occasion, Mr. Rafid Ali E., a student of M.Ed. in A.M.U., said that we need a value-oriented society, and for this the primary responsibility falls on teachers. They, therefore, must be morally conscious people.

Taking similar line of arguments, Mr. Javed Ahmad Dar, a student of Ph.D. in Department of Education, A.M.U., Aligarh felt that the present society is full of evils and under such circumstances teachers can play the most effective role in eradicating these evils. Students can learn all the good qualities from their teachers.

Dr. Anjuman Ara Anjum was also of the view that character-building is effectively done by the teachers. Therefore, teachers must show the humane and judicious approach towards students. Teachers also must realize the potentials of their students and develop them not only mentally but morally also.

Dr. H.R. Cheghani, former Director, Khuda Bakhsh Library, Patna expressed his views that contemporary society lacks in moral values. Hence, the teacher’s responsibility is more important, particularly when the commercialization of education is having negative impact on the moral characters of both the teachers and the students.

Referring to the President of India, Dr. A.P.J. Abdul Kalam’s message to teachers and students on the Teacher’s Day, Mufti Zahid Ali Khan of Department of Theology, A.M.U., Aligarh said that this is a day of self-assessment for the teaching community and they ought to ask whether they are playing any positive role in the society. He pointed towards the ignorance of Muslim youths about their religion. He also emphasized that some special courses (short-term) for the understanding of Islamic Fiqh and Shariah should be prepared for the college going students.

Dr. M.A. Zargar, Department of Modern Indian Languages, A.M.U., blamed the contemporary educational set-up and syllabi for de-linking common ethical and moral values from the text books. He felt that education without one’s cultural identity is baseless.

Mr. Waheed Falahi, a Ph.D. student of Economics was of the view that the teaching community is loosing the moral character and we can not hope much from them now.

Mr. Inamul Haque, Assistant Teacher at Aligarh City Public School, Aligarh observed that the increasing numbers of schools have put the teachers’ community in a dilemma and they are often unable to assess their own responsibility and are rather more concerned with salary and career enhancement.

Dr. Rakhsandal Fazli, a lecturer at the Centre of West Asian Studies, A.M.U felt that value added education has the attraction of its own. However, it is up to the teachers and schools to adopt it in their curriculum.

Finally, Prof. Shah M. Waseem, who chaired the session, said that a good teacher always leads towards the path of truth and honesty. Therefore, a teacher’s primary responsibility is to develop the thinking power of students.

At the end, Muhammad Muqim asked the participants to come forward with project for investigating the current moral problems facing the educational institutions. He also thanked the audience for their patient hearing and participation.

Panel Discussion on Uniform Civil Code

The Aligarh Chapter organized a panel discussion on “Uniform Civil Code” on 29th September, 2003. The panelists included students from various disciplines including Law, Unani Medicine and Arabic.

The panel discussion was presided over by Dr. Shakeel A. Samdani, who is a senior lecturer at Faculty of Law, Aligarh Muslim University. The panel comprised of Miss Nahid Fatima, a student of Law, fourth year, Miss Sanubar Jilani, a M.A student in Arabic, Miss Gausea Qayoom, second year student of Law, Miss Zeeshan Maryam, student of BUMS, 1st Prop. And Miss Fozia Rahman, final year student of Law.

Miss Nahind Fatima presented a paper entitled “A Critical Appraisal of the Judicial Response to John Valamathom Case”. She discussed the constitutional and legal principle involved in the implementation of a uniform civil code. Her paper focused on the latest supreme court verdict which paved the way for the recent debate on UCC. A study of the case revealed that the implementation of a uniform civil code was in furtherance of individual rights and the constitutional provision of fundamental rights and not absolutely directive principles. Miss Fatima supported the court’s verdict in implementing a uniform civil code.

MS. Sanuber Jilani threw light on the misconceptions on uniform civil code. Miss Jilani very successfully distinguished between a common civil code and a uniform civil code. She contended that the much disputed uniform civil code has not advanced from a conceptual debate to even a blue print. She expressed the minority communities’ fear psychosis as a major reason for the lack of advancement in uniform civil code.

Miss Zeeshan Maryam, addressed the topic vis a vis human rights. The analogy involved the deliberation on whether uniform civil code is a violation of human rights or an endeavour towards attaining human rights. Miss Fatima discussed matters involving gender justice and the predicament of cases similar to that of Shah Bano’s in the hand of personal law. Miss Fatima, however, advocated the need for personal law reform than a uniform civil code.

Miss Gausea Qayoom agreed with Miss Fatima in that there was a need for personal law reform than for a uniform civil code. She stated that any call for change should come from within the community. Any attempt at forming a common code will only create more fissures in the society.

Miss Fozia Rahman, who also presented her views against uniform civil code, opined that a uniform civil code would violate the principle of secularism. She stated that a secular state must provide room for personal laws and any effort to implement a uniform civil code would be coercive.

The president of the discussion, Dr. Shakeel Samdani put emphasis on the fact that a fundamental right being legally justifiable needs to be given more priority over a directive principle which is not legally justifiable. He agreed with the majority of the panelists against the implementation of a uniform civil code.

Islam and Hinduism

Mr. Tariq Murtaza delivered a lecture on “common features of Islam and Hinduism”. He said that there was a certain hopelessness in the air all over. He further said that Islam abhors violence and gives capital punishment for the one who instigates it, carries and/or executes it. To curb violence and enmity where different religious communities live, Almighty God has given a magical formula in His last revelation, i.e. The Holy Quran. In Sura Al-e-Imran, chapter 03, the verse 64 reads: “come to common terms as between us and you”. This formula given by the Almighty God, gives us a ray of hope, the light at the end of what is becoming a dark tunnel of hate, threat and revenge.

He expressed the belief that if only both the communities Hindus and Muslims could know the common terms in their religions, they would show an exemplary unity and brotherhood for the wellbeing of all concerned. He then discussed the common features between the two religions on such themes as concepts of God and prohethood etc. In order to avoid controversies he quoted extensively from the Holy Quran and the Hindu scriptures. He impressed upon the audience that the two religions have similar views on Oneness of God, prophethood and the Holy books.

He concluded that the religion which the Almighty God revealed to Prophet Adam (peace be on him) was also revealed to Prophet Muhammad (peace be on him). But in between them many other religions/systems of life did come to the benefit and guidance of mankind.

He suggested that both the Hindus and Muslims should go back to their original, authentic religious scriptures to find out a way for better cooperation, friendliness or amity in the society.

Mr. Mohammad Muqim, Reader, Department of Philosophy, AMU, Aligarh and Coordinator of the IOS, Aligarh Chapter, delivered a lecture on “What is Epistemology” at 5.30 P.M. on August 11, 2003 in the premises of the chapter which was attended by some research scholars from the concerned Department, almost all the awardees, and students hailing from various other departments. The speaker began his lecture by tracing the origin of the word, epistemology meaning the theory of knowledge. He described the branches of philosophy as Metaphysics, Epistemology, Ethics, Logic and Aesthetics and talked in detail about the theories of knowledge.

A warm discussion followed after the lecture was over in which many persons exchanged their views with the speaker.

Under this programme, Dr. Mohammad Abbas who was recently awarded the degree of Doctor of Philosophy (Ph.D.) by Aligarh Muslim University, Aligarh on Comparative Religion, spoke on “Islam and Indian Religions” at 5.30 P.M. in the premises of the Institute on 23.8.2003 which was attended by students, research scholars and the Aligarh based awardees of IOS Scholarships and was presided over by Mr. Tariq Murtaza, a lecturer at the Department of Physical Health Education, AMU, Aligarh.

Mr. Mohammad Serajuddin Khan, Assistant Coordinator of the Chapter invited the audience to make use of the Chapter’s forum for exchanging their view-points on contemporary problems of the nation and the world and also suggested to the students to actively participate in the discussion that follows the paper presentation.

The speaker began his discussion by throwing light on the basic teachings of Islam. He described in detail the basic tenets of Indian religions like Hinduism, Buddhism, Jainism and Sikhism etc. and what sort of relations the followers of these religions maintained in the past and are maintaining now-a-days with Muslims and Islam.

A symposium on “Right to Strike and the Supreme Court Judgement” was organized by the Institute of Objective Studies, Aligarh Chapter in its Library at 5.00 P.M. on 30.8.2003 which was attended by social workers, Trade Union leaders, advocates, students and teachers.

Mr. Mohammad Muqim, Coordinator of the Chapter, after welcoming the speakers as well as the audience, said that the judgement given by the highest court of the land i.e. Supreme Court has given rise to question as to whether Government employees have really no right to go on strike in any situation and exhorted the participants to discuss the issue thread bare. He requested Dr. Zaheeruddin, a senior Assistant Professor at the Faculty of Law, AMU, Aligarh to present his point of view on the topic of the symposium with reference to the provisions of law. While initiating the discussion, Dr. Zaheeruddin provided the details of the legal aspects and the right of the labour and trade union in the constitution. He also pointed that the denial of this fundamental right would be against the democratic framework of the Constitution and that it may have adverse impact on the employers and employee relations in the future. His basic concern was that due to wrong governmental policies, the working class has to suffer from injustices. He concluded that the Supreme Court’s judgement not only lacks the rationale but also denies the basic right to differ; it also suppresses the Trade Union in the country, he said.

The speaker raised a question as to why the employees have been given the right to form association and unions and to resort to peaceful demonstration if these employees have got no right to go on strike? He was of the view that the judgement under discussion must be reviewed.

Speaking on the occasion another speaker, Mr. R.S. Sharma, an advocate, referred to the provisions of article 19 and said that every citizen of India has got the right to express his/her problems but even after resorting to all other means to solve a problem and still a union fails to get justice, it goes on strike. He said that right to strike being a fundamental right should not be infringed upon by the court. He suggested that the court should review its judgement.

Dr. K.V. Thomas, Principal, Children’s Academy, Aligarh while sharing his views on the topic, described the situations during strike in Tamil Nadu, his native province and said that the Supreme Court has given a timely judgement to check the high handedness of Trade Unions.

Dr. Masood Ahmad, a physician and a social worker said that when a genuine demand of affected people is not considered, that group of people resort to strike peacefully but because of politics and vested interests it takes a bad shape and sometimes becomes violent.

Mufti Zahid Ali Khan, a reader at Department of Sunni Theology, AMU, Aligarh was of the view that the apex court of the country has deprived the affected people of their right to strike and suggested that the judgement of the Supreme Court must be reviewed.

Mr. Muhammad Serajuddin Khan, Assistant Coordinator, IOS Aligarh Chapter, raised the legal and illegal aspects of the workers strike. He said, the government’s indifferent approach towards the workers is the main reason behind the mass level demonstrations and strikes in the various parts of the country. There is urgent need to look into this phenomenon in the light of cause and effect factors. According to him, the workers’ strike is the only legitimate way to get their demand accepted when all other modes of demonstration fail to yield any result.

He suggested that the Supreme Court should review its judgement so that the right to strike which is a corollary to the fundamental rights could not be infringed upon.

At the end, Coordinator of the Chapter, Mr. Mohammad Muqim concluded the deliberation by saying that this august gathering has favoured the review of the Supreme Court’s judgement to restore the right to strike but at the same time it was also resolved that the striking people as well as the law and order machinery must ensure that the rights of common people are not affected. He thanked the participants and the audience.

Ms. Nazia Y. Izuddin, a student of B.A. LL.B, 4th year and a former awardee of IOS Scholarship participated and successfully completed a short-term programme launched by the Bureau of Educational and Cultural Affairs, United States Department of State, Washington D.C. under the aegis of American Studies Institute for South Asian undergraduate Student Leaders at Washington College from June 30 to August 02, 2003.

MS. Anjum Ara, a former awardee of IOS Scholarship after submission of her Ph.D. thesis in Department of Arabic, AMU, Aligarh published a book entitled, Jadeed Misr Ki Islami Sahafat i.e. Islamic journalism in modern Egypt.

It is worth reporting that Mr. Zulfiqar, a former awardee of the IOS Scholarship after the award of his Ph.D. degree in Hindi by the Aligarh Muslim University, Aligarh, has joined City High School, AMU, Aligarh as an assistant teacher

In a well attended gathering, Prof. Imtiaz Ghulam Ahmed, Dean, Faculty of Law, University of Calcutta and member Governing Council of the Indian Law Institute, delivered a talk on “Constitution, Minorities and the Judiciary in India” held at Lecture Hall of Institute of Objective Studies, on 18.10.2003. The noted professor of jurisprudence began by reflecting on the nature of the Indian constitution, which is the one of the bulkiest written constitutions of the world. Thereon he focussed on the provisions of Human Rights, as evident in the form of Fundamental Rights that constitute chapter three of the Indian constitution. The professor pointed out that one of the basic importance of the Fundamental Rights was the constitutional guarantees that it provided for the minorities. The provisions heralded a new chapter in the governance of a new state. With the abolition of separate electorate the provisions of Fundamental Rights sought to instill a sense of safety and security for the minorities.

Prof. Imtiaz elaborated articles 19(1) g. article 26, article 29 sub clause (10 and (2) and article 30 in details which embody rights of the minorities in establishing and administering educational institutions. According to provisions of article 19(1) g which lays down the right of all sections of the citizens to carry on any profession or occupation, the minorities can establish institutions of education, both general and professional. Albeit the restrictions imposed on the provision in the interest of public morality or health the minorities are entitled to the benefits of the provisions as citizens of the land. Besides article 26 though not absolute, gives religious minorities or denominations the right to establish religious institutions or charitable trusts. Again article 29(1) stipulates that any section of citizens residing in any part of India shall have the right to protect their own language, script and their own culture. And therefore they can establish institution to do so. Here the identification of minorities is used in a technical sense to include any particular group religious or linguistic who for some specific reason become a minority in the area of the domicile and who intend to preserve their language or script. The Tamils as for example living in West Bengal can be such group. But this right is restricted by article 29 sub clause (2), which states that no citizen can be denied admission to any educational institutions run or aided by the state on the ground of language, race or caste or any one of them. This restriction is sweeping in nature.

Furthermore article 30 gives all minorities, religious or linguistic the right to establish and maintain educational institutions of their choice. As a corollary article 30 (2) lays down the provision that the state shall not discriminate in granting aid to any institution on the ground that it was managed by the minorities.

Though the courts had interpreted article 30 strongly and viewed it as an independent article, it was only in 2002 that the largest constitutional bench of eleven members in its majority judgement of 6.5 have nullified the independence of article 30 and clubbed it with those restrictions as provided in article 29(2) which prohibit the denial of admission to any educational institutions run or aided by the state. This was unfortunate, as it seemed to have made article 30 obsolete and redundant. The ruling of the majority judgement of the Supreme Court appears to have gone against the basic rules of interpretation that seeks harmonious reconciliation of various provisions of the constitution. Prof. Imtiaz Ghulam Ahmed argued that the minorities being citizens, enjoyed all the fundamental rights granted to citizens in the country. The special provisions of the constitution granting them separate rights are independent of other articles, because of the fact that they are MINORITIES, having certain disabilities and problems. These separate rights have been taken away or diluted by the recent ruling. It is a matter of serious concern as the ruling has armed the state to frequently intervene in institutions run and administered by the minorities.

Those who participated in the discussion were Mr. Nesar Waris, Mr. Tausif Ahmed, Mr. Zainul Abedin, Ms. Noorjahan Islam, Mr. Afzal Khan and Mr. Hasnain Imam.

Thanking the learned speaker and participants Dr. M.K.A. Siddiqui said that it has been aptly said that all men are equal but some are more equal than others. The founding fathers of our constitution were well aware of this fact which reflects in the constitution. The politico-judicial system has to be made aware of this fact, he said.