By Kashif-ul-Huda, TwoCircles.net,
Data that has not been included in the final report of the Rajinder Sachar Committee exposes a gloomy reality of Muslims in India: Muslims are in disproportionately higher numbers as prison inmates in the country.
The data, though collected by the Sachar Committee but not included in the final report, showed Muslims in much higher numbers as prison inmates in proportion to their population in several states. Experts have offered poverty and discrimination as some of the reasons for higher Muslim arrests and convictions. While Sachar report has generated lot of interest, not much has been done to correct the wrong on the innocent Muslims who find themselves behind bars.
In Maharashtra where Muslims are only 10.6% of the population, they are 32.4% of all inmates in the state. Similarly, in Gujarat where Muslims are 9% they are about a quarter of all prisoners. In Karnataka, 12.2% of Muslim population makes up 17.5% of prison population. It is hard to explain these numbers by poverty alone; there is some discrimination against Muslims in the system from police to judiciary and some flaw of the system itself that makes an innocent person spend days and years behind bars.
The Indian judicial system, even with all its flaws and weaknesses, offers lot of opportunities for justice. Unfortunately, high level of illiteracy and low level of awareness about laws and legal procedures prevent most of the people from getting justice. In villages and small towns, police rule runs supreme and no one dares to challenge the authority of the police or the local goondas. Muslims, now being the most disadvantaged group and without any political muscle, are more prone to police highhandedness.
There have been some attempts in setting up legal aid camps by some Muslim organizations but in a community of 150 million much needs to be done. Indian Muslim Council-USA (IMC-USA), an advocacy group based in the United States, is launching a campaign to distribute booklets on legal rights among Muslims in India.
They have decided to distribute the booklets written in simple language and translated in several Indian languages including Urdu, Gujarati and Bangla. These booklets were originally published in English by Indian Social Institute. IMC-USA and Delhi based publisher Global Media Publications have partnered to translate and distribute these booklets.
Seven of the booklets that have been translated into Urdu are: Know Your Rights; The Authorities and Limitations of Police; Your Rights if Arrested; First Information Report and Related Laws; Right to a Speedy Trial; Legal Guidance for Muslim Institutions and Public Interest Litigations. Two of these have been translated in Gujarati, Bangla, and Assameese also. The translation of these booklets in Malayalam, Telugu and other languages are planned.
Four of these booklets have been translated into Urdu by Waris Mazhari of Delhi, published by Delhi based Global Media Publications and are being distributed to libraries, madrasas, and schools. Some of these booklets are published as excerpts or serial features by magazines and newspapers read by Muslims.
Translator Waris Mazhari told TwoCircles.net that a need was felt for this type of work for a long time but it was never done before. Urdu booklets have been well received and people familiar with the work have appreciated this effort. He said translation was an educational journey for him; he learned a lot about his rights as citizen of India and feels empowered and more confident that system can not abuse him.
Written in easy language and in a question and answer format, these booklets are much easier for even people with no legal background to understand and get acquainted with their rights and legal procedures followed in the courts. When police and media have also taken an adversarial position, Muslims should turn to courts and legal system for redress of their grievances, acquiring justice and protection of their legal rights.
This new emphasis on justice through the court system seems to be having a positive effect. In at least one instance, as reported by khabrein.info, one Mufti Sajid Qasmi of Delhi who was falsely implicated for the murder of his wife is able to win his freedom. He came across Urdu translation of these booklets and filed a PIL in the Supreme Court to direct the local police to find the real culprit.
The efforts by IMC-USA need to be appreciated for its potential impact in empowering Muslims and other oppressed communities. When all else failed, Bilkis Bano and Aasiya Begum, two fearless women from Gujarat and Maharashtra respectively, were able to fight for justice using the same Indian court system that is regarded as slow and out of reach of the poor. Bilkis Bano, who was gang-raped, saw 14 members of her family massacred in Gujarat genocide of 2002. Aasiya Begum is the mother of Khwaja Yunus who died in police custody in Maharashtra. May these legal booklets help thousands of Banos, Begums and Qasmis get justice.
[Photo of Files in the hallways of the Indian Supreme Court by Komal Soin]
Links:
http://www.imc-usa.org/imc_rights_literacy_project.html
http://www.gmpublications.com/
[Story updated on 28th April 2008]