For four million people living in an area of 85,805.8 square miles in thebosom of mighty Himalayas,Saturday ’12 March 1932′ was a momentous day. On thisday after years of struggle and sacrifices, ‘Maharaja Hari Singh on the recommendations of the Glancy CommissionReport announced the grant of the rights to freedom of press and platform tothe people of the State.’ To see this fundamental democratic right denied tothe people of the state restored. It had taken the blood of hundreds of martyrsto convincethe Earl of Willingdon, British Viceroy and Governor General(1931-1936) to appoint a commission under BJ Glancy, an officer of the ForeignAffairs Ministry of the British Indian Government, to look into the grievancesof the people of the State. The restoration of this right in the state was thebeginning of peoples tryst with democracy. Same year On 15, October, the firstpolitical organization All Jammu and Kashmir Muslim Conference was set up forconducting the movement for establishing democratic institutions as envisagedin the memorandum presented to Lord Reading by Kashmir leaders in October 1924.
The whole objective behind recapitulating these historicaldevelopments is to suggest that people of Jammu and Kashmir had earned thefreedom to association, assembly, carrying out social, religious and politicalactivities and right to dissent during the feudal-autocratic rule much beforethese were bestowed upon people in other states in the sub-continent. Subsequently, these rights were alsoprotected and guaranteed to the people in the Constitution.Nonetheless, after1947, the political parties in power in the state, despite vowing forstrengthening the democratic institutions in the state and protecting people’sright to freedom of expression, for achieving myopic political ends have beenundoing the goals achieved after huge sacrifices. On Thursday, Jama’at-e-Islami Jammu and Kashmir wasbanned under the Unlawful Activities (Prevention) Act for five years, officialssaid. The order said thepolitico-religious organization was indulging in activities prejudicial tointernal security and public. The party has been banned for the third timeduring the past forty-eight years since it for the first time participated inthe electoral politics and contested elections for the Lok Sabha and the StateAssembly. Before looking into its roleas a religious and political organization, it would be of interest to look atthe genesis of the organization and itsobjectives.
In undivided India, on 26 August 1941, Maulana Abul AlaMaududi founded Jama’at-e-Islami. On his invitation seventy-five personsassembled in Lahore. There were amongthem the Ulema, University graduates, artisans and professionals. The objectiveof the organizationwas the establishment of Deen (religion) which meant a revivalof Islamic ideas and values in the life of the people. Known for his luciddiction, in Urdu, his literature on Islam was read all over India. In Srinagar, it was available at an iconic bookshop Ghulam Mohammad Noor Mohammad Book Sellers. Few young men including ascience graduate working in Islamia High School, Saad-u-Din was attractedtowards the literature. In 1945, he along with another young man QariSaif-u-Din reached Pathankot to participate in an All India Conference of theJama’at-e-Islami held on 18 April 1945. In this conference, they met MaulanaGhulam Ahmad Ahrar of Shopian. On their return to Srinagar, the triofounded Jama’at-e-Islami Jammu andKashmir. Immediately after the foundation a delegation of the newly establishedorganization called upon Mirwaiz Molvi Mohammad Yusuf Shah, then most importantreligious leader. “The delegation included Hakim Ghulam Nabi, Maulana Ahrar,Maulana Mohammad Amin Shopiani, Maulana Ahsan Sahib and Qari Saif-U-Din”. Heencouraged them to go ahead with the mission of spreading the message of Allah.
In its constitution, enforced in November 1953, underarticle 4, the organization explain its objective:
“The objective of the Jama’at-e-Islamia J&K isIqaamat-e-Din, i.e. establishment of God’s religion, which is inspired by soledesire to earn Divine pleasure and secure success in the Hereafter.”
And under Article 5, clause 3, it explains that theorganization wants to achieve this objective through democratic andconstitutional methods while working for the reforms and righteous revolution.Looking at the organization through the prism of its constitution it is areligious organization ‘guided by Quran and Sunnah’ that does not believe inemploying the ways and means against ethics, truthfulness or which may contribute to strife on earth.’
The Jama’at constitution does not explicitly say that theparty can take part in the elections for the Parliament or the State Assembly.It also makes no mention of the KashmirDispute and self-determination. But, it has been part of the electoral processin the state, and equally, its leadership and cadres have from the earlyfifties sufferedlong incarcerations for supporting and agitating for the rightto self-determination.
In the thick of election boycott culture that after 1951elections for the Constituent Assembly was gospel for the resistance politicsin the state, in 1971, it decided to go against the tide and participate in thepolls. On 12 January 1971, the GoI declared the Plebiscite Front as anunlawfulbody,arrested its 350 activists and locked its office. Syed Mir Qasim in his memoirsmentions that he had suggested to Prime Minister Indra Gandhi declaring theJama’at also as an unlawful body and prevent it from participating in theelections. Mrs Gandhi had not agreed to ban and preventing it fromparticipating in the polls. The Jamat leaders took the oath of loyalty to theIndian and Kashmir Constitution of India, and it won some seats. (My life andTimes p 132-133). The participation of the Jama’at was a trendsetter in as muchasa couple of few more organization like the Political Conference contested the1977 elections. In 1975, the party fielded candidates against Sheikh Abdullahand Afzal Beg after the Indra-Abdullah Agreement, which had drawn curtains onthe plebiscite movement in the state. Same year Sheikh Abdullah banned theJama’at, sent all legislators of the party to jail and closed schools run bythe organization- interestingly the GoI had not brought the state underemergency. The organization also contested 1977 and 1983 State Assemblyelections- it did not have good success.And it also contested 1987 election asa constituent of the MUF. Like few other political parties that participated inthe electoral process, after the notoriously rigged elections of 1987elections, the Jama’at also remained away from the electoral politics.Nonetheless, for it being a cadre-based and grassroots organizations itsinfluence has not diminished from the hustings. In 1990 the V.P. Singhgovernment again banned the organization. In 1993 P.V. Narasimha Rao governmentrevoked the order.
The strength of democracy lies in giving space to voices of dissent and not in denying it. Had Mrs Gandhi agreed to the suggestion of Syed Qasim, perhaps the Jama’at would not have participated in the future elections till 1987.
Z. G. Muhammad