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“Why Is Merely Being A Muslim, In A Public Space, A Provocation?”

Deep-seated communal tensions have long existed in the collective memory of both majority and minority communities. The ascent of the Bharatiya Janata Party (BJP) and its controversial Chief Minister, Yogi Adityanath, has brought about a wave of erosion of religious freedoms. And inflammatory remarks such as Adityanath’s assertion that “Our Sanatan Dharma (Hindu Religion) is the National Religion of Bharat (India)” in a public rally reflect a growing influence of Hindutva nationalism at the highest echelons of power.

This transformation in Uttar Pradesh’s political climate has marginalised the Muslim community, constituting a significant 19.3% of the state’s population but holding only 8.4% representation in the state assembly. This stark decline in Muslim political space, from 17.1% in 2012 to its current state, underscores the complex interplay of politics and demographics, shaping policies and governance with profound implications for the state’s Muslim population.

This story explores censorship, criminalization, and dehumanization faced by Uttar Pradesh’s Muslim community. It sheds light on their struggles to uphold their faith and cultural identity, uncovering the factors behind this censorship.

State-Religion Nexus in UP: A Muslim Question

With reduced political representation, Muslims face devaluation of their lives and dignity. 

Religious freedom, guaranteed by the Indian Constitution, faces real-world challenges and disparities, notably from Hindutva groups and state institutions.

A concerning example is the targeted restrictions on Muslim religious practices, particularly congregational prayers (Namaz) held in open spaces. Namaz is a peaceful Muslim ritual lasting just 5-10 minutes, involving either vocal or silent prayers. It’s a brief, collective expression of submission and gratitude before God. Muslims gather on public streets or roads near mosques primarily on three occasions only due to the limited capacity of mosques: Eid-ul-Fitr, Eid-ul-Zuha, and the last Friday of Ramadan. This temporary congregation lasts for no more than 15-30 minutes and causes minimal inconveniences to the public.

The issue of censoring Muslim religious expression, especially public practices like Namaz, gained attention in 2018 when UP Police sent notices to companies in Noida advising employees against offering Namaz in open public spaces. This pattern persisted in 2019, as Meerut Police prohibited Namaz outside mosques and during Friday prayers in six districts of the Meerut range. The situation worsened with legal action taken against those practising their faith, both in private and public spaces. Over 2,000 people were booked for offering namaz without permission on a road outside the Eidgah, leading to 6 FIRs in 3 districts, namely Kanpur, Aligarh and Hapur.

In 2017, Chief Minister Yogi Adityanath was quoted by Outlook India, saying, “If I cannot stop namaz on roads during Eid, I have no right to stop Hindu festival Janmashtami at police stations.” However, a clear deviation from this position and policy emerged in 2022 when Times Now quoted him stating, “Offering namaz on roads stopped since BJP came to power in Uttar Pradesh.” This shift in state policy has banned and criminalised Namaz in public places, while Janmashtami celebrations continue within state institutions like police stations and prisons. It’s important to note that religious processions like the Kanwar Yatra can also disrupt roads and businesses and even lead to restrictions on meat sales for months without significant state or citizen outcry.

This shift reflects not just corruption of power but also a disturbing level of bigotry, constituting a constitutional fraud against the Muslim community. This crackdown on a long-standing practice that symbolises unity among Muslims has been rationalised on traffic concerns. 

This pattern raises questions about a larger shift in state values, potentially aligning more closely with the concept of a Hindu Rashtra (Nation).

The selective targeting and excessive criminalisation of Namaz lack a solid legal basis. Representational image.

Breeding Vigilantism and Curtailing Muslim Religious Space

Recurring incidents in Uttar Pradesh raise another critical question: Why do fringe groups like the Bajrang Dal and Vishwa Hindu Parishad assume the authority to restrict Muslims’ religious freedoms? The state’s registration of arbitrary and illogical FIRs in response to unfounded complaints only legitimises the infringement. On the other hand, there appears to be a noticeable reluctance to register FIRs against these self-proclaimed hate activists.

Digging deeper, a troubling pattern emerges, where the Muslim community is unfairly portrayed as troublemakers. For example, in Moradabad’s Dulhepur village, an FIR was filed against 26 people for offering namaz on their private property. Chandra Pal Singh, the complainant in the Dulehpur’s FIR, had said that “by reading the namaz in a gathering, these people are spreading hatred and enmity among people. The case was later closed due to baseless complaints with no evidence following significant social media outcry.

In Moradabad, a year after the Dulhepur incident, members of the Bajrang Dal prevented Muslims from holding a Taraweeh prayer during Ramzan inside a private warehouse. In another vigilante incident, VHP members in Shahjahanpur took 18 Muslim pilgrims from West Bengal to the Tilhar police station to offer Namaz on the roadside. They were also seen apologising, doing sit-ups in a viral video, and forced to write an apology while receiving police challans for breaching the peace.

A local VHP leader, Rajesh Awasthi, justified this action, stating, “Namaz in the open is banned in Yogi’s Uttar Pradesh,” according to TOI.

It often seems that Muslims have become targets of subversion by extra-state actors like the RSS and VHP. These incidents in the state reflect a troubling shift from harmony to vigilantism against Muslims, regardless of the setting – open, closed, private, or public. The assault on Muslim religious expression, particularly Namaz, continues under apparent state patronage through homegrown vigilante groups.

An Aligarh Muslim University (AMU) student, Wahiduzaman, faced police action over a video allegedly showing NCC cadets raising religious slogans after a Republic Day event. AMU suspended Wahiduzaman and restricted his campus access based on preliminary evidence of two video clips circulated. One clip showed NCC cadets chanting “AMU Zindabad” and “Allah hu Akbar,” while the other depicted cadets shouting slogans like “Bharat mata Ji Jai” and “Vande Mataram,” contrary to Muslim belief of One God, reported Siasat Daily. Moreover, a professor in Aligarh faced repercussions, being placed on a month’s leave after performing namaz on college lawns, with both the college and police initiating inquiries.

Abdullah Ameen, the University President of the Students Islamic Organization of India, said, “Raising religious slogans shouldn’t spark controversy within a democratic country like India, emphasising their normalcy for believers of any faith.” 

These incidents highlight a troubling trend of criminalising various forms of Muslim religious expression.

Retaliatory Hindutva Politics: A Divisive and Troubling Response

In 2019, responding to Muslims praying on the streets of Aligarh due to space constraints, some Hindutva groups organised street recitations of the Hanuman Chalisa and Maha Aarti every Tuesday and Saturday. This action was seen as retaliation, leading the Aligarh administration to ban all religious activities on roads.

Even Shakuntala Bharti, a former Aligarh mayor from the BJP, took part in this retaliatory exercise, causing street chaos. A senior BJP leader openly acknowledged this as a response to the Muslim community’s street prayers. 

In light of these incidents, Haidar Khan, a Muslim law student from Aligarh Muslim University, pondered, “Why is just being a Muslim in a public space a provocation to anyone?”

Haidar’s background is noteworthy; his father, who served in the police, passed away a few years ago, imparting his knowledge of policing to Haidar. Their remote village in the predominantly Muslim Ghazipur district of Uttar Pradesh has a tradition of family members in the police force. However, this tradition has declined recently, reflecting the increasing discrimination and prejudice against Muslims within the police services. The restrictions and false cases imposed by the police, limiting religious space for Muslims, have discouraged many from pursuing careers in law enforcement. A 2019 report by Common Cause revealed that half of the police force displayed anti-Muslim bias. 

The repeated censorship and discrimination against Muslims praying in public spaces challenge India’s secular values. This sets a dangerous precedent, threatening minority rights and social harmony. Administrative bias in handling religious practices calls for equal protection under the law. Upholding impartiality and constitutional religious freedom is crucial for equal citizenship. The UNDP Human Development Report 2004 noted that greater diversity in faith and language correlates with relative peace and non-violence.

While religious freedom can have limits, the selective targeting and excessive criminalisation of Namaz lack a solid legal basis. Why is the state adamant about targeting Muslims and their peaceful religious practices?

Featured image is for representational purposes only.

This story has been written as part of the My City Writers’ Training Program.

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