Mansooruddin Faridi

The National Commission for Protection of Child Rights (NCPCR) has filed a complaint against India’s largest Islamic seminary Darul Uloom, Deoband, for issuing fatwas (decrees) that impinge on the fundamental rights of children and violate the law of the land.

Such fatwas, posted on the official website of the Darul Uloom, are misleading and illegal, it said in its complaint lodged with the District Magistrate, Saharanpur, UP.

The NCPCR action follows a complaint against the website of Darul Uloom, Deoband.

The complainant provided a list of fatwas available on his website that, he alleged, violate the rights of the children and are against the provisions of the law.

Taking note of the complaint under section 13 (1) (j) of the CPCR Act, it said it had reviewed the content on the website and found the complaint genuine. The following is a list of links was examined by the Commission:

https://darulifta-deoband.com/home/en/education-upbringing/39678 
https://darulifta-deoband.com/home/en/education-upbringing/25239

https://darulifta-deoband.com/home/en/education-upbringing/65405

https://darulifta-deoband.com/home/en/education-upbringing/37219
https://darulifta-deoband.com/home/en/education-upbringing/155942
https://darulifta-deoband.com/home/en/education-upbringing/60434
https://darulifta-deoband.com/home/en/education-upbringing/50233
https://darulifta-deoband.com/home/en/education-upbringing/48955

https://darulifta-deoband.com/home/en/education-upbringing/65405
https://darulifta-deoband.com/home/en/education-upbringing/5887

However, by the time of filing of this report none of the above links were opening.

In a fatwa (969/969/M09/1436), Darul Uloom Deoband says that adoption of a child is not illegal but his rights will not violate the rights of the biological child. After reaching adulthood, he (adopted child), under the ambit of the Shariah, will not get any share in the property of his father; the child will not be eligible for inheritance in any case.“It is noteworthy that such fatwas are not only misleading to the law of the land but also illegal,” the NCPCR said in its notice to the UP government asking it to take action against the seminary and file an action taken report within 10 days.

The Constitution of India provides for the fundamental rights of children, including the right to education and the right to equality. Furthermore, the Hague Convention on Adoption, to which India is a signatory, states that adopted children will have the same rights as biological children.

Section 2 (2) of the Juvenile Justice Act, 2015 defines adoption as the process by which an adopted child is permanently separated from his or her biological parents and is deprived of all rights, privileges and responsibilities towards them and he becomes the child of his adoptive parents.

Therefore, any child adopted child enjoys the same rights and privileges as a biological child, including succession rights.

Similar fatwas have been quoted by the complainant that are related to school textbooks, college uniforms, education of children in non-Islamic environment, education of girls in high school, corporal punishment etc.

After reviewing the answers to the questions, it has been observed that the rights of the children are clearly being ignored and violated. For example, one response states that teachers are allowed to beat the children while corporal punishment is prohibited in schools under the RTE Act, 2009. 

The commission said that such statements made by Darul Uloom Deoband were misleading and gave a wrong perception to the people about law. If a person follows the fatwas and acts on them, his action would tantamount to violation of the law. As the Darul Uloom, Deoband is following by a large section of Muslims the impact of such misinformation can cause a lot of harm to a large number of children and deprivation of their fundamental rights.

Based on the examination of the content of the fatwas, the website of the Darul Uloom can be blocked. The Commission is supposed to submit its action report on the matter to the District Magistrate within ten days.

The actions of Darul Uloom could tantamount to violation of Articles 14, 15 and 21 of the Constitution. In addition, it could lead to a violation of section 75 of the Juvenile Justice Act 2015 for child abuse.

These provisions are applicable to a person who is responsible for or controls a child, attacks him, abandons him, abuses him, exposes him or deliberately ignores him, buys a child or infant that causes unnecessary mental or physical pain to the child.

It should be noted that the Juvenile Justice Act is a secular act and provides opportunities for adoption of children irrespective of religion, caste or creed. Section 69A of the IT Act, 2000 provides that where the Central Government or any of its officers is exclusively authorized to do so, it is satisfied that doing so in the interest of India's sovereignty and integrity.

By not allowing the adopted child to have the same rights as enjoyed by the biological child and by providing information against the rights of the child to education and corporal punishment. This is a crime under the law, it is imperative that such material be removed immediately as the followers follow the advice of Darul Uloom Deoband, the NCPCR said.

“The Commission would like to point out that publishing such statements on a website as advice against children's rights, open access and being available in the public domain is not only misleading and illegal but also harmful to children.” A statement from NCPCR said.

"It is therefore requested that the website of this organization be thoroughly checked, scrutinized and that such content be removed immediately.

According to the commission, access to the website should be banned to prevent the spread and repetition of illegal statements and consequently to prevent incidents of violence, abuse, neglect, harassment, discrimination against children.

Also Read: Islam: Religion of Peace and Faith

It has asked the UP government to take action against the seminary for violating the provisions of the Constitution of India, Penal Code of India, Juvenile Justice Act, 2015 and Right to Education Act, 2009.

It may be recalled that the National Commission for the NCPCR is a legal body constituted under Section 3 of the Commission for the Protection of Child Rights Act, 2005. The Commission is also tasked with overseeing the proper and effective implementation of the Protection of Children from Sexual Offenses Act, 2012.