The gruesome murder of Kamlesh Tiwari, former Hindu Mahasabha leader in Lucknow, Uttar Pradesh, has shaken the conscience of the entire nation. Four years ago, several clerics had issued Fatwas against the Hindu Mahasabha leader, after he made a statement about Prophet Mohammed. After the cleric’s Fatwa against Kamlesh Tiwari, Over one lakh Muslims had gathered in Muzzaffarnagar demanding death for Tiwari. 4 years later, he has been murdered in the most gruesome and cold-blooded manner. According to the police, two persons barged into Tiwari’s residence and first slit his throat, and then shot him several times before escaping from the spot of crime.
The issue of Fatwa has been a major menace with the clerics issuing Fatwas at the drop of a hat, and at times going to the extent of issuing death threats in the form of Fatwa. One of the prominent cases that exposed how Fatwas are being used for targeting individuals and curbing free speech and liberty was that of a Maulvi issuing Fatwa against singer, Sonu Nigam. In 2017, a Maulvi had issued a Fatwa against the renowned singer. Syed Sha Atef Ali Al Quaderi, vice president, West Bengal Minority United Council, who issued the Fatwa was quoted as saying, “If anyone can shave his hair, put a garland of old torn shoes around his neck and tour him around the country I personally announce an award of Rs 10 lakh for that person.” Even patriotism has been a casualty of such outrageous Fatwas. In 2016, Darul Uloom Deoband issued a Fatwa against chanting ‘Bharat Mata ki Jai’, labelling it as un-Islamic. Only last year, a 15-year old Muslim girl became the victim of such a Fatwa. She had dressed as Lord Krishna and recited Gita, something that was too difficult to digest for the Muslim clerics, who issued a Fatwa against the young girl. This year, TMC MP Nusrat Jahan has been mercilessly targeted over wearing sindoor and mangalsutra– which are seen as symbolisms of Hindu religion by radical Islamists. The marriage of the actor turned politician with businessman Nikhil Jain, stoked a massive row in Deoband. Saying that Muslim girls should only marry Muslim boys, Deoband clerics issued a fatwa against the lawmaker.
It is clear from the many cases of outrageous and bizarre Fatwas that have been issued in the recent past that the religious decree in the form of Fatwas is being used by the Maulvis and Maulanas for challenging the rule of law and the justice delivery system. By imposing their own set of rules, the clerics don’t just blatantly violate the Fundamental Rights and basic liberties of the citizens of the country, but they also challenge the rule of law and the State power of law making and execution.
It is clear from the Kamlesh Tiwari case how dangerous this trend of issuing arbitrary Fatwas can be. Anyone can call for the head of another person only because that other person violated the narrow world view of the Maulvis and the Maulanas and things go on as usual. The Kamlesh Tiwari case is a manifestation of how such outrageous Fatwas which are clearly in violation of individual freedom and liberty, can actually result in dire consequences. These Fatwas can incite and solidify hatred against individuals ultimately leading to gruesome crimes and the loss of an innocent individual’s life.
The Fatwas at times go to the extent of expressly calling for the head of a person or inciting such deep hatred against an individual that it actually creates a real threat to his life. This virtually amounts to abetting sections of the society to take an individual’s life. Modi government must wake up to this challenge and take necessary action. As per a report, 400 Fatwas are issued annually from Bareilly alone. This means that more than one Fatwa per day is issued from Bareilly. This is a serious challenge to the country’s justice delivery system as well as the cherished Fundamental Rights that are guaranteed to the citizens of the country.
It is not out of context here to mention that last year, the Uttarakhand High Court had put a ban on fatwas in the state. It declared a fatwa banishing the family of a rape victim from their village illegal. The High Court also made it clear that in Uttarakhand all the religious bodies, statutory panchayats or any other group of people are banned from issuing fatwas as it violates fundamental rights, statutory rights, dignity, status and honour of individual citizens.
It does not take much intellect to infer that the Fatwas do not carry the force of law. Administration of law and dispensation of justice are state functions which cannot be abdicated. These are to be essentially exercised by the courts and tribunals of the country and no private body can administer its own set of rules. However, what the government needs to consider seriously is how to curb the mischief of such religious edicts and ensure that Fatwas are not blatantly used for curtailing individual liberty and freedom, or even worse calling for somebody’s murder. Such Fatwas should be made a punishable offence, in order to ensure that a deterrent effect is created against the issuance of Fatwas violating an individual’s liberty and dignity.
In order to ensure that we do not end up creating more victims like Kamlesh Tiwari, the Modi government must contemplate bringing in a law to punish the unlawful and illegal act of issuing Fatwas. There is a need to nip such Fatwas virtually threatening an individual’s life, in the bud by punishing them proportionately.
There is also a need to fix criminal liability, and where a proximate relation is established between the victim and the issuance of Fatwas, the one who issued the Fatwa must also be brought to justice. Fatwas being used to take the justice delivery system by ransom cannot and must not be allowed in a society governed by the Rule of Law.