Darul Uloom Deoband Legitimizing Sexual Crimes Against Children - Open Letter To NCPCR
Darul Uloom Deoband Legitimizing Sexual Crimes Against Children - Open Letter To NCPCR
Darul Uloom Deoband Legitimizing Sexual Crimes Against Children - Open Letter To NCPCR
To,
Shri Priyank Kanoongo,
Chairperson,
National Commission for Protection of Child Rights (NCPCR),
Government of India
Namaste.
1
intercourse with dead bodies, rape of females, impotent persons, anal sex
with hapless animals, as well as humans – both adult and children – can be
legitimized, if followed through with easy to perform rituals.
Most of the books being taught at Darul Uloom Deoband and other Madarsas
in India are either in Arabic, Persian or in Urdu, hence it is not possible for
us to conduct an academic audit of the curriculum of these Madarsas. This
task can only be undertaken by competent institutions of the Indian state.
These highly influential and best-selling books have been written by late
Deobandi idealogue Maulana Ashraf Ali Thanvi, who has a massive fan
following among Indian Muslims as well as across the Global Ummah,
including ISIS, Taliban and Al-Qaeda.
2
children but also extend to sex with dead bodies, impotent persons, raping of
females, as well as anal sex with animals and humans – both adult and
children.
The most worrisome part of these teachings and Fatwas are that sexual
perversions, that invite rigorous jail terms on account of such acts being
considered as heinous crimes in most civilized societies, are sought to be
normalized through rituals. Rituals such as ‘gusl’ (taking a bath after the act)
or keeping extra fasts, are recommended if the said acts are committed
during the month of Ramzan.
3
If a man indulges in sexual intercourse with a minor girl,
bath will not be obligatory if there is no seminal discharge.
(Page 58)
Example 2: On page 58, Thanvi again assures his readers that a mere bath
after the following bizarre form of sex is enough to make the act legitimate:
The ‘fast’ mentioned in the above / following extracts refers to the fasts kept
during Ramzan.
Example 4: On page 272, Thanvi declares that sexual activity for anal
pleasure with self is perfectly acceptable and does not disrupt the fast:
4
Example 5: The following quote also from page 272, prescribes an extra fast
and some charity to legitimize sexual intercourse by a woman with a minor
or an insane person:
Example 6: On page 278, Thanvi again advises extra fasts for both the
partners to legitimize anal sex:
दू सरी वजह इलाज (eelaj) यानि की नकसी ऐसे मदद के, नजसे जोश आ रहा
हो, खास नहस्से के सर का नकसी नजन्दा औरत के खास नहस्से में या नकसी
दू सरे नजन्दा आदमी के मुश्तरका (पीछे का नहस्सा) नहस्से में दाखखल होिा,
चाहे वह मदद हो या औरत या खंसी (िपुंसक) और चाहे मनि निरे या ि निरे ,
इस सूरत में अिर दोिों में िुस्ल के सही होिे की शतद पायी जाती है यानि
दोिों बानलि हैं तो दोिों पर, वरिा नजसमे पायी जाती है , उस पर िुस्ल फ़र्द
हो जायेिा।
5
Example 8: Page 720 also advises that if a sexually aroused woman indulges
in sex with an animal, a reluctant male or uses an external object (such as
a wooden stick) for self-pleasure, she need not feel guilty if she has a bath
after the act. However, as per real Islamic ethos even the simple bath is not
necessary if the semen of the animal does not enter the woman:
अिर कोई औरत जोश की वहज से अपिे खास नहस्से में नकसी बे-जोश मदद
या जािवर के खास नहस्से को या नकसी लकड़ी विैरह को या अपिी ऊँिली
को दाखखल करे , तब भी उस पर िुस्ल फ़र्द हो जायिा, मिी निरे या ि निरे ,
मिर यह शारे ह (शरह करिे) की राय है और असल मर्हब में बग़ैर मिी
निकले ग़ुस्ल वानजब िहीं।
6
If one rubs his sexual organ with a dead-body or an animal
and semen is discharged, then compensatory fast will be
compulsory but recompensation will not be due.
Example 11: No less shocking is the advice also given on page 10 for getting
away with rape of a woman during fasting hours. In this case, even the rape
victim has to make up for disruption of her fasts by undertaking extra fasts
while the man will have to give some amount in charity in addition to the
extra fast:
The above given samples are a mere tip of the iceberg. And yet, they provide
ample evidence that Darul Uloom Deoband’s teachings are endangering the
7
lives of children, in a very alarming way. These facts do not surface in the
public discourse because any mention of atrocities and crimes committed by
Muslims under cover of ‘religious freedom’, immediately invites the tag of
‘Islamophobia’. Even we are bringing these facts to your notice at the risk of
being vilified as Islamophobic.
The Indian state cannot afford to ignore the brazen trampling of child rights
and human rights in the name of religious freedom, especially considering
that in almost all non-Islamic countries of the world, including India, these
acts fall in the category of heinous crimes punishable with up to life
imprisonment.
Even as per the Protection of Children from Sexual Offences (POCSO) Act,
2012, punishment for penetrative sexual assault involves imprisonment
which is not less than ten years and extends to imprisonment for life.
Whoever abets the offence under the POCSO Act also faces similar
punishment. But as per Darul Uloom Deoband’s Islamic scholars, a mere bath
after committing barbaric sexual crimes against children makes the acts
normal and acceptable!
Given this dangerous scenario, NCPCR should take serious note of the fact
that the religious education being provided by Darul Uloom Deoband is
ruining the mental and physical well-being of the children studying there
by encouraging young students to grow up believing that sexual perversion
and criminal forms of sexual acts are normal and rightful behaviour.
Since the National Commission for Protection of Child Rights (NCPCR) was
setup under the Commission for Protection of Child Rights (CPCR) Act, 2005
to ensure that children enjoy their rights and develop in a free and fair
8
environment, and to ensure that the legal and constitutional rights of the
children are protected, we the undersigned request urgent intervention by
NCPCR on the following lines:
Yours sincerely,
9
5. Dr. Anil Kumar Vajpayee, Central Government College, Daman & Diu
(Retd.)
6. Prof. Bharat Gupt, University of Delhi (Retd.)
7. Prof. Daksh Lohiya, Professor Emeritus, DAMTP, University of
Cambridge, UK
8. Prof. Gauri Mahulikar, Academic Director, CIF and Former Professor &
Head, Sanskrit Department, Mumbai University
9. Dr. Gautam Sen, London School of Economics (Retd.)
10. Advocate Hari Shankar Jain, Supreme Court of India
11. Prof. Himanshu Roy, Centre for Political Studies (CPS), Jawaharlal Nehru
University (JNU)
12. Prof. Kanchi Gopinath, Indian Institute of Science (IISC), Bangalore
(Retd.)
13. Prof. Kapil Kapoor, Former Pro-Vice Chancellor, Jawaharlal Nehru
University (JNU)
14. Dr. Krishen Kak (IAS, retd), Author
15. Prof. Lakshmi Bandlamudi, LaGuardia Community College, City
University of New York
16. Prof. Madhu Kishwar, Former Professor, Centre for the Study of
Developing Societies (CSDS) and National Professor, ICSSR (2016 – 19)
17. Dr. Narendra Joshi, Project Director, Vivekananda Prabodhini, Jana Seva
Kendra, Mumbai
18. Dr. Neena Bansal, Associate Professor, Dept. of Political Science,
University of Delhi
19. Shri Neeraj Atri, Chairman, National Center for Historical Research and
Comparative Studies
20. Advocate Prashant Singh, Supreme Court of India
10
21. Dr. Prem Parkash Khosla, M.M.D. University, Haryana
22. Prof. R. Vaidyanathan, Cho S Ramaswamy Visiting Chair Professor,
Sastra University and Former Professor, Indian Institute of Management,
Bangalore
23. Shri Rahul Dewan, President, Sarayu Trust
24. Prof. Ramesh N. Rao, Dept. of Communication, Columbus State
University, Georgia
25. Dr. Ratan Sharda, Author
26. Advocate Ravi Sharma, Advocate on Record, Supreme Court of India
27. Shri Sahil Aggarwal, Co-founder and CEO, Rishihood University,
Haryana
28. Prof. Sangit Kumar Ragi, Dept. of Political Science, University of Delhi
29. Shri Sanjay Dixit (IAS, retd), Chairman, Jaipur Dialogues
30. Dr. Satish Malhotra, Retd. Prof., G.G.S. Medical College, Punjab
31. Dr. Sharda Narayanan, Assistant Professor, Dept. of Natya, Dr. MGR
Janaki College of Arts and Science for Women, Chennai
32. Dr. Shilpi Tiwari, VIMHANS, Delhi
33. Dr. Surendra Jain, Former Principal, Sh. L. N. Hindu College, Rohtak,
Haryana
34. Prof. Uma lyer, Bronx Community College, City University of New York
(Retd.)
35. Advocate V. Govinda Ramanan, Supreme Court of India
36. Advocate Varun Dutta, Punjab & Haryana High Court
37. Advocate Vishnu Shankar Jain, Advocate on Record, Supreme Court of
India
11
Annexure 1 – Books
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Annexure 2 – Fatwa
29
30
31
32
Annexure 3 – Fatwas
Fatwa 1: 1487/1308=B/1429
Fatwa 2: 943/900/M=7/1438
Fatwa 3: 276/158/H=1433
Fatwa 4: 1027/1027/M=1432
Fatwa 5: 1209/B=201/TB=1433
33
34
35
36
37
38