The All India Muslim Majlis-e-Mushawarat has expressed its dismay at the observation attributed to Supreme Court’s Justice Markandeya Katju while rejecting a Muslim student’s right to sport beard, that “Talibanisation of the country cannot be permitted”.
In a statement on March 31, the umbrella body of Indian Muslim organisations said, ‘This bizarre and uncalled for opinion flies in the face of the religious, civil and human rights of every Indian citizen guaranteed by our Constitution. A Muslim’s request to be allowed to grow beard cannot be equated as “Talibanisation” of the country. Justice Katju has further opined that “tomorrow a girl student may come and say that she wants to wear a burqa, can we allow it?’ Expression of such opinion from the bench of the Supreme Court is a very serious matter as it is a clear infringement of the religious, civil and human rights of millions of Muslims and others who have kept beards and observed purdah, a tradition continuing for over a thousand years in our country, long before anyone heard of the word “Taliban” or its current connotations.’
Dr Zafarul-Islam Khan, President of the AIMMM, said it is very unfortunate that a Supreme Court judge should nurse such biased and communal ideas and hide behind his claim that he is “a secularist to the core”. Our idea of secularism does not deny religious people their right to abide by their religion in a peaceful way which does not hurt anyone else in any way. Rather, true secularism means that the State will not have an official religion and that it will not interfere in the religious beliefs of its citizens.
Dr Khan added that the AIMMM believes that such biased persons should not serve as judges of any court, lower or superior. Such biased minds are not fit to dispense justice which must be neutral and fair. If this logic is true then all similar manifestations by believers in other religions should be banned like turban and kirpan for Sikhs, qashqa and choti for Hindus and wearing of crosses by Christians. Is Judge Katju ready to ban such manifestations too, Dr Khan asked.
He said that AIMMM is studying this matter and may decide to appeal against the said opinion expressed by an apex court judge while hearing a legal case involving religious and civil rights.
Jamaat-e-Islami Hind, the ideological face of Indian Muslims, said the verdict is extremely saddening and against the basic rights of freedom of faith given in the Constitution and the tradition of the country. Jamaat’s Secretary General Nusrat Ali said, ‘The way in which the court has exceeded the limits of the case by criticizing the injunction of Allah’s Book “Qur’an” with regard to veil is much more deplorable and has caused damage to the dignity of Supreme Court.”
Mr. Nusrat Ali said the whole system of the country, including Supreme Court is bound by the Constitution. The court has added responsibility to safeguard the rights given in the Constitution to each citizen. On the contrary, if the court taunts a citizen of “talibanisation” if he tries to practise a well known direction of his religion, such an action will only cause damage to the spirit of the Constitution.
As the said verdict has created restlessness in millions of Muslim citizens in the country, the Jamaat has demanded from the Government to take steps to change this verdict.
The apex court’s remark on beard is disappointing and against the secular fabric of this country, said Suhail K.K, president of Students Islamic Organisation of India (SIO) in a press statement on March 31. Justice Markandeya Katju did not even bother to verify the fact that the relation of Muslims sporting beard is not related with Taliban, but with practising the religion of Islam.
It is one’s fundamental right according to Article 25 of the Constitution to freely profess, practice and propagate his religion. It is as per this provision that that the Sikhs of this country are allowed to sport beard, wear a turban and even carry knife. The court is also bound to explain how a Sikh beard and a communist beard are treated different from that of a Muslim beard and why some sections are allowed and some not. He further stated that sporting beard is not actually a monopoly of any religious community.
Long beard is generally considered to be a symbol of dignity and wisdom in all societies including the Indian society. The punishment in ancient India for adultery was to have the beard of the offending parties publicly cut off and had such a sacred regard for the preservation of their beards that a man might pledge it for the payment of debt.