New Delhi: After the National Commission for Protection of Child Rights (NCPCR) sought action against Islamic seminary Darul Uloom Deoband for allegedly publishing ' unlawfu'l and 'misleading' fatwas, the Students Islamic Organisation of India (SIO) on Sunday hit out against the child rights body, calling it yet another attempt at targeting Madrasas and their education by cherry-picking some fatwas and sensationalising them.
The SIO said fatwas are personal views of some religious scholars and followers are not compelled to abide by them.
The NCPCR had on Saturday asked the Uttar Pradesh government to probe Darul Uloom Deoband's website for allegedly publishing 'unlawful' and 'misleading' fatwas. It had asked the state to block access to the website until such content was removed.
According to a Times Now report a complainant provided a list of fatwas to NCPCR, which are available on Deoband's website, and stated that these fatwas are 'unlawful' and against the rights of the children.
Some of the fatwas, according to the complainant, states "that adopting a child is not unlawful but merely by adopting a child, the ruling of the real child shall not be applicable on him rather it shall be necessary to observe Shariah Purdah (veil) from him after he is mature. The adopted child shall get no share in the property and that the child shall not be an heir in any case."
The complainant further claimed that there are similar such fatwas of Darul Uloom Deoband pertaining to school book syllabus, college uniform, education of children in the un-Islamic atmosphere, girls higher madrasa education, corporal punishment etc.
The child rights body took cognizance of the complaint u/s 13 (1) (j) of the Commissions for Protection of Child Rights Act. After pursuing the complaint and examining the website, the body observed that the explanation and answers provided in response to issues raised by the individuals do not align with the Laws and Acts in the country.
The NCPCR has asked the state government to take necessary action against the school for allegedly violating provisions of the Constitution of India, Indian Penal Code, Juvenile Justice Act, 2015 and Right to Education Act, 2009.
The child rights apex body also has directed the Uttar Pradesh government to submit its report on the action taken within 10 days and also written to the Saharanpur District Magistrate citing the examination of replies to individuals by Islamic seminary.
Reacting to the development, Fawaz Shaheen, national secretary of SIO, said that Fatwas are nothing but personal views of religious scholars on various matters pertaining to personal and social life.
"In fact, on a given issue, the scholars often have differing opinions and none of them carries any legal sanctity or institutional approval. People are completely free to act according to their own understanding of religion", Shaheen said
SIO said it is a settled position of law in India that issues of inheritance, marriage, divorce and other personal matters including adoption are covered by the respective customary laws of different communities and religions.
The officials at NCPCR must no doubt be aware of this settled position of Indian law, which is protected by the Constitution. Their targetting of the well known Muslim seminary for discussing their position on adoption is a shallow and shameless attempt to defame not just the institution but the entire Muslim community by association, it stated.