Sunday, August 23, 2020

Vilification of Muslims in India during COVID-19: From Tablighi Jamaat to the Bombay High Court judgement

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Adnan Abbasi

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Vilification of Muslims in India during COVID-19: From Tablighi Jamaat to the Bombay High Court judgement

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Global Views 360

Publication Date

August 23, 2020

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Indian Media’s reaction to the Tablighi Jamaat controversy

Indian Media’s reaction to the Tablighi Jamaat controversy

March 2020, when coronavirus was a new occurrence in India, an Islamic organization—Tablighi Jamaat—was accused of spreading it across the country. Criminal proceedings were registered against Tablighi Jamaat members—some of them belonging to foriegn countries as well—for acting against law during the pandemic. This accusation was then used to further spread hate against the whole Muslim community of India.

On August 22, 2020 however, the Bombay high court struck down all criminal charges against Tablighi Jamaat’s members stating that they were scapegoated by the government.

The Bombay high court mentioned in their judgement:

"A political Government tries to find the scapegoat when there is pandemic or calamity and the circumstances show that there is probability that these foreigners were chosen to make them scapegoats. The aforesaid circumstances and the latest figures of infection in India show that such action against present petitioners should not have been taken. It is now high time for the concerned to repent about this action taken against the foreigners and to take some positive steps to repair the damage done by such action."

Let us understand how the events unfolded in the Tablighi Jamaat saga and its impact on Muslims of India.

The Markaz Nizamuddin Event

Tablighi Jamaat is headquartered at Alami Markaz, Banglewali Masjid in Nizamuddin, New Delhi which is often referred to as Markaz Nizamuddin. Markaz Nizamuddin is where members of Tablighi Jamaat often congregate to discuss and deliberate about their outreach plans.

One such meeting was held in early-March 2020 which drew members not only from various parts of India but also from Malaysia, Thailand, Indonesia and other countries. The people from foriegn  countries entered India on a valid tourist visa to attend the congregation much before the time March 13, 2020, when Indian Health Ministry claimed “COVID-19 is not a health emergency, no need to panic.” In fact most of the  attendees left Delhi around March 11, 2020 itself.

However, on March 24, 2020 the Indian Prime Minister Narendra Modi announced a nationwide lockdown so some of those attendees who were still staying at Delhi Markaz got stranded as they could not leave in the wake of sudden nationwide lockdown of transportation services.Tablighi Jamaat officials asked for permission to send stranded members to their destination but the permission was denied.

This was then followed by a series of fake news stories of which major Indian media houses were a part of. Sudheer Chaudhary of Zee News claimed that Tablighi Jamaat members are somehow linked to Al Qaeda and are working similar to the “suicide bombers” by spreading COVID-19 deliberately. The stories about Tablighi Jamaat members misbehaving with Quarantine center staff and spitting in the open were broadcasted on Times Now and several other news channels. This story was proven to be incorrect by fact checking website AltNews.

Rohini Chatterjee (2020) describes India TV News coverage of Jamaat in these words “In a video, one of India TV’s anchors says, “God knows how many members of the jamaat are roaming around in the country like corona bombs”. The other anchor chimes in, ‘they can detonate the virus bomb at any moment, putting large numbers of people in danger.’ All of this was also announced in high-pitched, dramatic tones aimed at spreading fear and panic in the minds of viewers”.

Cartoon published in Indian leading news paper, Dainik Jagran portraying Tablighi Jamaat members as willful spreaders of COVID-19 pandemic | Source: Indian Journalism Review

Indian print media also ran hoax news reports. For instance Danik Jagran—India’s leading Hindi Daily—published 156 stories, eight editorials, and five cartoons over 15 days spreading misinformation and half truth about the Jamaat. Another widely read Hindi daily, leading, Amar Ujala, claimed Tablighi Jamaat members defecated in the open after being denied non-vegetarian food at quarantine centre. This story was again proven incorrect by the fact checking website AltNews.

Aftermath & Discrimination

Source: Adnan Abbasi via Archiving the Times

The fake news on the Jamaat further led to more structural forms of violence against Muslims in India. Islamophobic hashtags like #CoronaJihad were over twitter in hundreds of thousands. Time Magazine reported that over 165 million people saw the hashtag #CoronaJihad on Twitter—which as explained earlier was done at the behest of the Indian media.

These include countless incidents like that of Mehboob Ali—a 22 year old who attended the Jamaat’s function—and was brutally thrashed over rumours of deliberately spreading COVID-19.

30-year-old Rizwana Khatun lost her child to hate infodemic. She writes “I was abused on the lines of my religion and was asked to wipe the blood. I could not because I was shivering. I was beaten up with slippers. I was shocked and rushed to a nursing home.there it came out that my child had died.”

BJP Legislator Suresh Tiwari with Uttar Pradesh Chief Minister Yogi Adityanath | Source: Dainik Bhaskar

In Indian state of Karnataka, Muslims distributing food to migrant labourers were beaten over a rumour of them spreading COVID-19 through food distribution. In Uttar Pradesh—the most populated state of India, the ruling party—Bharatiya Janata Party’s elected legislator—named Suresh Tiwari—appealed to people not to buy vegetables from Muslim vendors.

In Punjab, Muslim Gujjar dairy farmers were beaten and boycotted in their villages over similar rumours. There are many more such post-jamaat incidents of violence against the Muslims reported by the media.

Some Reflections

The way Tablighi Jamaat was vilified and blamed for spreading coronavirus in India may seem to be atrocious and plain hate speech as per any globally acceptable norm. However in Indian context, this is just one more example of the continued onslaught of misinformation; disinformation, half truth, plain lie, and slander, which in the last few years, has become acceptable to be peddled by the mainstream print and electronic media.

Let us hope that the Bombay High Court  judgement on Tablighi Jamaat will create enough pressure on the mainstream media which will make them scale back the blatant Islamophobic fake news pedling on their platform.

During the time contemporary to the Tablighi Jamaat controversy, I was part of a research group that was working towards archiving COVID-19. We also did a case study on Tablighi Jamaat (this part was handled by me), so some parts of the article are referred to and reproduced from this archive, to learn more visit archivingthetimes.webflow.io.

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March 4, 2021 4:43 PM

Does giving the Lieutenant Governor more authoritative power have an impact on India's Federal structure?

On 3rd of February 2021, the NCT bill cleared by cabinet along with 20 other bills proposed to be introduced in the parliamentary session. The amendment was passed on 9th of February in the Rajya Sabha.

“The Bill proposed to amend the Government of National Capital Territory of Delhi Act, 1991, in the context of judgment dated 14.02.2019 of Hon’ble Supreme Court (Division bench) in Civil Appeal No 2357 of 2017 and other connected matters.”

The article explains the timeline and the practical implications of the NCT Amendment Act 2021 on the federal structure.

The Centre's amendments to the NCT of Delhi Act, gives more powers to the Lieutenant Governor and Delhi’s Kejriwal government were totally against the amendment as due to their bitter experience with the previous and current LG.

The Arvind Kejriwal government described the NCT Bill, as a murder of constitutional democracy and accused BJP of secretively drafting the amendments so as to govern Delhi in an unconstitutional manner using the LG's office.

The new amendment is expected to now clearly define the powers and functions of the Lieutenant Governor and the Delhi Government based on the 2019 judgement. The amendments add a category of bills, which fall outside the ambit of Delhi legislative assembly and which the Lieutenant Governor must reserve for consideration of the President. This category is supposedly added for the sake of “better governance” and to reduce potential conflicts. The amendments also specify that the elected government needs to send legislative proposals to Lieutenant-Governor (LG) at least 14 days in advance to seek his opinion and avoid any delays.

The tussle between the Delhi government and the Centre reached the Supreme Court 2017. The honourable Supreme court defined the role of the LG in Delhi and ruled that the LG cannot interfere in every decision of the Delhi Government. The tussle between the Union and Delhi government has that Article 239 AA of the Constitution at its core. The Article 239 AA gives Delhi the special recognition of a Union Territory with a Legislative Assembly that has a lieutenant governor as its administrative head.

In July 2018, a five-judge Constitution bench of the Supreme Court led by Chief Justice Dipak Misra stated that the lieutenant governor’s powers in the National Capital were only limited to land, police and public order.

“The lieutenant governor must work harmoniously with the elected government. The LG is the administrative head but can’t act as an obstructionist”, the bench stated. The supreme court also stressed upon the fact that the power and status of the LG was different from the state governors. They mentioned that the Lieutenant Governor must not be an obstructionist and must work harmoniously with the Delhi government. “There is no room for absolutism and no room for anarchy,” the bench stated. The verdict is not complete yet as the issue of services divided the bench that delivered the order and the matter is now addressed by a three-judge bench on the Supreme Court which has not concluded the hearing yet.

So far, the AAP has argued that former LG Najeeb Jung and the current LG Anil Baijal are undermining the federal structure of the Republic of India by objecting the decisions made by the Delhi government and overruling their authority in bureaucratic matters.

Former LG of Delhi with Prime Minister Modi | Source: Wikimedia

In July 2013, Najeeb Jung took charge as the LG of Delhi and Arvind Kejriwal swore in as the Chief Minister (CM) of Delhi in December 2013. After 49 days of governance, Arvind Kejriwal stepped down as his minority government was unable to pass the anti-corruption legislation due to lack of support provided by other political parties. In February 2015, the Aam Aadmi Party came back to power by a staggering majority of 67 out of 70 seats. However, the party faced a higher veto obstruction while making several decisions. In May 2015, LG Jung annulled all the bureaucratic postings by Delhi government and stated that power to appoint and transfer rests with him.

In June 2015, five officers of Bihar Police joined Delhi Government’s Anti-Corruption Branch (ACB). Jung rejected their employment at the ACB claiming that he was the person in charge even before the new amendment. In the same month, the Delhi government replaced the Home Secretary Dharam Pal and Jung obstructed the decision by vetoing the order. When the AAP government decided to hike circle rates in Delhi for agricultural land, the former LG Jung objected to the decision although the State government has the complete authority to take such decisions. In another instance in 2016, Jung set up a panel to probe over 400 files related to decisions taken by Delhi government. The CM of Delhi deemed it to be illegal.

Kejriwal and the AAP government blamed the former LG and Prime Minister Narendra Modi for the CBI raids of his office, FIRs filed by ACB against Arvind Kejriwal and former Delhi CM Late Sheila Dikshit in water tanker scam, restriction of control on appointing state bureaucrats and general obstruction of decisions.

Anil Baijal, the now LG of Delhi with Defence Minister Rajnath Singh | Source: Wikimedia

On 31st December 2016, Anil Baijal swore in as the Lieutenant Governor of Delhi. While the tussle between AAP and the LG continued, the alleged assault of Chief Secretary Anshu Prakash by AAP leaders at CM Arvind Kejriwal’s residence in February 2018 gave a new momentum to the tug of war.

Following the incident, the IAS association reportedly skipped routine meetings with ministers as a mark of protest but claimed that they have not suspended work. Before that, on December 2017, the turf war between Kejriwal and Baijal reached Parliament, with a Rajya Sabha member claiming that the CM was being treated like a “peon”.

In 2018, the AAP government demanded LG’s approval for the proposal for doorstep delivery of rations and also demanded grant of complete statehood for Delhi and installation of CCTVs. Baijal did not approve both the demands directly and further complicated the process. Kejriwal stated that the LG rejected the demands over “petty-politics”.

In June 2018, Delhi CM Arvind Kejriwal sat in a nine-day long hunger strike at the Lieutenant Governor’s office against the “strike” by IAS officers and Kejriwal wrote to Prime Minister Narendra Modi, requesting him, “with folded hands”, to intervene and end the agitation of the IAS officers.

The Aam Aadmi Party argues that the BJP is hell bent on ruining efficient governance of Delhi through the LG. Critics believe that the tussle has failed the federal system of our Democracy.

Chief Justice Dipak Misra, Justice Sikri and Justice Khanwilkar, in their written opinion devoted a significant portion to explain the understanding of federalism, and its fusion with democracy to achieve an “egalitarian social order”. According to our Constitutional scheme neither the States isolated islands, with their distinct vision, nor the Union government can make decisions that are meant to affect the interests of the States. The Chief Justice highlighted that there should be a sincere effort to avoid conflict and not encroach on each other spheres in a collaborative framework of federalism. To exercise authority, “there should be perception of mature statesmanship so that the constitutionally bestowed responsibilities are shared by them.” To attain the ideal balance in a federal structure, the Chief Justice suggested the Union and the States to have “mutual respect and deference to actualise the workability of a constitutional provision.”

Collaborative federalism involves healthy negotiation and coordination between the Union and State governments to ensure that the governance works within the circumference of the Constitution and in harmony.

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