On Friday, February 10, the Islamic outfit Jamiat-Ulama-i-Hind, which often protects terror accused, demanded a separate law to “specifically punish those inciting violence against minorities” amid the alleged rise in Islamophobia. Interestingly, the Muslim community has constantly demanded special laws to protect their feelings even though 295A was passed specifically for this reason after the Rangeela Rasool controversy.
The oldest Muslim body in the country started its 34th three-day general session at Delhi’s Ramlila Ground. The session is headed by Maulana Mahmud Madani. On the first day of the conclave, the Jamiat passed multiple resolutions, one of which was against the alleged rise in hate campaigns and ‘Islamophobia’.
Playing the victim, as usual, the Jaimiat claimed that in recent years, “the growth in Islamophobia, apart from acts of hatred and incitement against the Muslim community, has escalated to an alarming level in our country.”
‘Central government has adopted an ‘ostrich-like approach‘
It also accused the central government of having an ‘ostrich-like-approach’ towards the matter and also alleged that several Bhartiya Janata Party (BJP) leaders, MLAs, and MPs are ‘poisoning’ the atmosphere of the country by giving ‘hateful statements.’
Senior Jamiat leader Niaz Faruqi said, “The most regrettable point is that, while being aware of these developments, the government prefers to take an ostrich-like approach. The authorities are conveniently overlooking these incidents despite reports from numerous international organizations, Indian civil society, and the Supreme Court’s warnings, while the cordial atmosphere in the nation is continuously being poisoned by the hateful statements of several BJP leaders, members of State assemblies, and Members of Parliament.”
Separate ‘hate speech’ law
The Jamiat urged the Center to act right now to stop the alleged anti-Islamic activities that are against the standards of democracy, justice, and equality.
In order to deal with rising ‘Islamophobia’, the Jamiat said that “As law commission recommended, a separate law should be enacted to specifically punish those involved in inciting violence against minorities and efforts to boycott or isolate the Muslim community socio-economically.”
“Action should be taken against inattentive agencies and their lax attitude in this regard, and miscreants should be punished,” the resolution stated.
‘Hate Speech’ – Law Commission Report 267
Hate speech, according to the Law Commission of India’s 267th Report, is an incitement to hatred directed primarily at a group of people who are recognized by their race, ethnicity, gender, sexual orientation, or other characteristics.
The report issued in March 2017, recommended amendments to the Indian Penal Code (IPC) 1860, and Code of Criminal Procedure, 1973. The Commission headed by Justice BS Chauhan suggested adding new provisions on ‘Prohibiting incitement to hatred’ following section 153B of the IPC. ‘Causing fear alarm or provocation in violence in certain cases’ following action 505 IPC and accordingly amending the First Schedule of CrPC.
Resolution seeking measures to counter anti-Islam mindset
In a separate resolution, Jamiat-Ulama-i-Hind demanded measures against the alleged ‘anti-Islam mindset’ and defamatory content on Prophet Muhammad. The resolution stated that in case ‘blasphemous’ content is aired by any channel or on social media or the sentiments of Muslims are deliberately hurt, then selected people should file FIR and take legal action against such media channels and social media platforms.
Prophet Muhammad Bill
It is notable that in the year 2021, Muslim religious groups like Raza Academy and Tahaffuz Namoos-e-Risalat Board and Prakash Ambedkar-led Vanchit Bahujan Aghadi (VBA) pressured the then Uddhav Thackeray-led MVA government to introduce ‘Prophet Muhammad Bill’. An act was demanded to stop blasphemy against Prophet Muhammad and religious figures of all religions.
Section 295(a)
Though there is no law against blasphemy in India, there is a law that provides the provision of imprisonment and a fine against those who deliberately hurt the religious sentiments of anyone. Section 295(a) of the Indian Penal Code (IPC) has the provision of fine and imprisonment up to 3 years if the accused has hurt religious sentiments “with deliberate and malicious intention”.
