SC Restrains Centre, States From Acting on NCPCR Letter to Close Madrassas Not Compliant With RTE Act

The NCPCR communication had also directed the Centre and states to conduct an inspection of all Madrassas.

New Delhi: The Supreme Court on Monday (October 21) restrained the Union Government and states from acting upon communications sent by the National Council for Protection of Child Rights (NCPCR), which had directed them to withdraw recognition of Madrassas which are not compliant to the Right to Education (RTE) Act.

The NCPCR communication had also directed the Centre and states to conduct an inspection of all Madrassas, reported LiveLaw.

A bench comprising Chief Justice of India D.Y. Chandrachud and Justices J.B. Pardiwala and Manoj Misra passed the interim order on Monday (October 21) while hearing a writ petition filed by the Jamiat Ulema-I-Hind which had challenged the NCPCR’s communication.

On June 7 this year, the NCPCR had written to the Chief Secretary of Uttar Pradesh , directing that recognition of Madrassas which have not complied with the RTE Act be withdrawn.

Thereafter, the NCPCR had also written to Secretary of the Union Ministry of Education to issue directions to all UTs and states for conducting inspections of Madrassas and to withdraw the recognition of those institutions which didn’t comply with RTE.

The Jamiat Ulema-I-Hind approached the Supreme Court challenging these decisions as an infringement of the right of religious minorities to impart education as per Article 30 of the Constitution

While issuing notice, the Supreme Court directed that pending further orders, the various communications issued on the subject shall not be acted upon.

‘Bahishti Zewar’ and the Importance of Low-Hanging Fruit in Furthering Islamopobhia

What would right-wing activists hope to gain by spotlighting a contested text other than creating a climate of opinion against Muslims?

The divisive politics of branding Indian Muslims as treacherous has gained a great deal of legitimacy in India today. More accurately, the extent to which groups driven by the Hindutva ideology have succeeded in spreading myths to demonise Muslims has emboldened communal forces in every way. 

Call it propaganda or, to be more direct, Islamophobia, the fact is that this hatred is sponsored – and it has swiftly acquired the skill to even kill. No matter how strenuously Muslims protest, saying they are not who they are made out to be, their voices go unheard in the clamour of hatred.

The situation is such that anything can be distorted with a view to fashioning the next round of myths demonising Muslim citizens in India today. 

Take a recent news report that the National Commission for the Protection of Child Rights (NCPCR) had taken up a complaint by Manushi Trust regarding “Darul Uloom Deoband’s teachings to young students on ways to legitimise and normalise rape, sexual intercourse with minors, animals, dead bodies, impotent persons as well as anal sex with men, women and children, which may be against International Conventions and/or the criminal laws of India.” 

To think that such allegations would be pooh-poohed because they concerned a prominent, world-class institution is to be naïve in our times. Considering the propaganda that is unleashed against madrasas routinely, how difficult would it be to paint Muslims as mired in debauchery?

In any case, the propaganda succeeded in killing two birds with one stone – tarring the reputation of a prominent madrasa and projecting the “discreditable face” of Muslim society.

It did not matter that the complaint about a book titled Bahishti Zewar (Celestial Ornaments) being part of the curriculum was completely baseless. Written in the early 1900s, Bahishti Zewar is not part of the curriculum of any madrasa across the country, big or small, let alone the Darul Uloom Deoband. Nor any other publication of its kind.

While not part of any curriculum, Bahishti Zewar was often read by young women in their homes, especially after they got married. At one time, the book of instruction was an essential part of a bride’s trousseau.

But, untouched by facts, spiced up reports about the reprehensible teachings being imparted at the country’s prominent seminary appeared in many places and, by insinuation, became the horrific “truth” of the Muslim community, as it were. 

In the same sequence of events, the RSS mouthpiece Organiser quoted Madhu Kishwar, founder and managing trustee of Manushi, and author of The Girl from Kathua: A Sacrificed Victim of Ghazwa-e-Hind, as saying that while a scrutiny of the entire curriculum of Darul Uloom was necessary, the seminary itself ought to be on the radar of intelligence agencies for playing with children’s minds.  

The complainant noted that the textbooks used in madrasas are invariably in Arabic, Urdu or Persian – the implication being that the “strange material” it had highlighted was just a small glimpse of the “sexual perversions”; who knew what other, bigger, perversions were being legitimised through the teachings of madrasas.

Yet another point that was outlined in the complaint was that the author of Bahishti Zewar, Ashraf Ali Thanawi, had a following not only among Indian Muslims but also among members of organisations such as ISIS, Taliban and Al-Qaeda. Be it a question mark on the languages of instruction in madrasas or the mention of the above organisations, the intent of right-wing politics through this signalling is clear.

It is necessary to remember that the complainant, right-wing activist Kishwar, remains an outspoken supporter of Prime Minister Modi. Also, a year ago, a case was registered against her for allegedly spreading misinformation.

In a similar vein, Kishwar, in an offensive post had described Muslim men as “trained stud bulls” whose sexual prowess enables them to entice Hindu, Christian and Sikh women. She termed it “sex jihad” but took down the post later. She had also called the Pulitzer prize-winning Reuters photojournalist, late Danish Siddiqui, a “jihadi”. On July 16, 2021, Siddiqui, 38, was killed in Afghanistan while on assignment, in all probability by the Taliban or their supporters – the first journalist to lose his life while covering the Taliban offensive to seize control of Kabul. 

This time, too, through the Trust a determined attempt was made to make Darul Uloom Deoband a target. However, the inquiry committee that was set up immediately to examine the allegations in the complaint, gave the institution a clean chit.

In its statement the Darul Uloom reiterated that from the go it had made it clear that the book named in the complaint was not part of its curriculum. The institution termed the entire episode as a conspiracy to tarnish its reputation.

Has the clean chit put an end to the controversy?

The entire sequence of events should also be seen as part of the ongoing campaign to demonise Muslim citizens. 

One big question is, why did Kishwar’s Manushi Trust make a book that was not part of any madrasa’s curriculum, namely Bahishti Zewar, the centrepiece of its complaint?

The straightforward explanation is that Bahishti Zewar has always been a contested text. Several books have been written against it, fatwas given and many an article has stated that several parts of it should be done away with. That the mention of such a book would increase the believability quotient of the propaganda must have been a reason for its significant inclusion in the complaint. 

The other big question is, does Bahishti Zewar actually validate “sexual perversions”? Is it everything that the long-winded complaint paints it to be? 

The truth is that the Trust’s complaint is a perfect example of how a text should not be read so as to assume dangerous overtones. Then it becomes a question of intent.

What is Bahishti Zewar all about?

As stated earlier on, this book, written at the turn of the 20th century by Maulana Ashraf Ali Thanawi, was meant to be given to young women once they had read the Quran. It provides advice on the various aspects of life that shape the journey from birth to death – from aspects such as conduct in daily life to matters of faith. Instructions about the proper way to write letters sit alongside advice on hygiene, cures for illnesses and making household items.

The book also discusses aspects of women’s life cycle such as menstruation and sexual intercourse – aspects that had been criticised from the very beginning for being too explicit. In fact, when iconic Urdu writer Ismat Chughtai was facing charges of obscenity, questions were raised about her religious upbringing, or lack of it. This is what she had to say:

I have read Bahishti Zewar, it is so open about everything…When I read it in childhood it sounded jarring, dirty. When I read it after my BA I realised that the things discussed [in it] were not dirty; rather they were relevant matters that every sensible person ought to know about. Although, if people have a mind to do it, they would label books taught in psychology and medical courses as obscene, too.

Was Ismat Chughtai’s statement simply a defence tactic or is it true that texts like Bahishti Zewar have to be read at an appropriate age when the individual has attained the maturity to understand it?

Even if someone were to argue that Ismat Chughtai’s statement was simply a defence tactic, the larger and more important point, namely that texts like Bahishti Zewar have to be read at an appropriate age when the individual has attained the maturity to understand it, hold true.

Perhaps that is why the well-known litterateur, prose stylist and journalist, Khwaja Hasan Nizami (1879-1955), initially described Bahishti Zewar as the first obscene book in Urdu but withdrew his statement later. And that may be the reason why so many critics warn against even glancing at it, saying it is haram, or forbidden.  

However, apart from those who may have valid objections against some sections of Bahishti Zewar, there are those whose deliberate act of mis-reading takes them to another terrain altogether. 

One of the sections in the book deals with hypothetical situations such as the necessity, or not, of a bath following reprehensible acts such as paedophilia, bestiality and necrophilia. The question is, would anyone indulging in such reprehensible acts be bothered about the importance, or not, of taking a bath? 

In any case, no sensible person would consider this advice as part of any guide of personal conduct or religion. And if someone indulging in acts beyond the pale were to seek validity from any religious source or text, that person’s search would be fruitless.

The fundamental question then is whether the author of Bahishti Zewar should have chosen to write hypothetically about such matters. But to accuse him of legitimising such acts would be stretching things too far. 

What one can and should say is that if there was a reason why the author wrote about these matters, then a footnote was necessary to avoid the dangers of mis-reading.

Ironically, there have also been attempts to tar with the same brush even those sections in which the author mentions women’s literacy or means to empower them. 

It can safely be said that every possible barb of criticism has already been aimed at Bahishti Zewar, that too long ago. 

In a nutshell, this early 20th century text was meant to be an attempt to educate women. However, it should have come with a cautionary statement that all 10 sections of it were not universally appropriate. Otherwise, it would appear dirty, as it did to a young Ismat Chughtai. 

A text that is not a stranger to controversy

While it is a first for Darul Uloom Deoband to come within the range of controversy that has always surrounded Bahishti Zewar, the latter has been criticised frequently. At times so-called religious matters discussed in it have been called misleading in many quarters.

Even on the issue of the pervasive existence of caste among Muslims in India, several critics have described Bahishti Zewar as the Manusmriti of Indian Muslims. In fact, the question of caste arises in the book in connection with the subject of marriage, where the text openly speaks of the Sayyids being right on top of the hierarchical scale on account of birth, stating that a marriage between a so-called upper caste man and a so-called lower caste woman would be a mismatch. The author then goes on to determine the status of other castes as well. It can be said that the book displays an upper-caste mindset.

In conclusion, a few words about Maulana Ashraf Ali Thanawi (1863-1943), the author of Bahishti Zewar. He was considered a prominent scholar of his time, and apart from being known for some significant articles of criticism in the context of literary works, he has authored several texts on issues of religion.

As regards his political stance, he was a staunch supporter of the Muslim League. In fact, he considered the Indian National Congress and Gandhi to be enemies of Muslims. When support for the Congress grew in Darul Uloom and Deoband decided to openly support the Congress, Thanawi lost no time in resigning from the institution.

What would right-wing activists hope to gain by spotlighting a contested text by such an author other than creating a climate of opinion against Muslims? If the complainants had the well-being of fellow Muslim citizens in mind, all they had to do was demonstrate the manner in which the text validated caste hierarchy among Muslims, for that part of the book was not couched in hypothetical terms. But in doing that, the complainants would have been going against their own ideology.  It is all well to mouth support for Pasmanda Muslims, but when it comes to doing something right by them, it’s a no-no.

No wonder the complainant fell back upon Bahishti Zewar. It’s always nice to have low-hanging fruit within arm’s distance.

Translated from the Hindi original by Chitra Padmanabhan.

NCPCR Seeks Removal of ‘Controversial’ Book From Darul Uloom Deoband’s Curriculum

The child rights body has said that Maulana Ashraf Ali Thanvi’s book Bahishti Zewar legitimises sexual relations with minors and should be blocked under section 69A of the IT Act.

New Delhi: The National Commission for the Protection of Child Rights (NCPCR), acting on a complaint it received against a book included in Darul Uloom Deoband’s curriculum, has written to the district administration of UP’s Saharanpur asking for the text to be removed from the Islamic seminary’s syllabus, the Deccan Herald reported

According to the commission, the book legitimises sex with minors and is in violation of the Protection of Children from Sexual Offences Act. 

“The commission is in receipt of a complaint against the fatwas issued by Darul Uloom Deoband. The fatwa references a book titled Bahishti Zewar. The book contains content regarding children that is objectionable, improper and illegal and the book is also alleged to be taught to children in madrasas,” the commission said in a letter to the district commission and senior superintendent of police, Saharanpur on July 14. 

The commission said that the material should be blocked under section 69A of the IT Act which allows the Union government to ask any of its agencies or an intermediary to block public access to any information generated stored on any computer resource. 

The child rights body has asked for a copy of all the books prescribed in the syllabus and an ‘action taken’ report from the district administration in four days. This is the commission’s second complaint since January last year when it had written to the administration about the presence of several fatwas on the Darul Uloom’s website, the Deccan Herald report said. 

NCPCR chief Priyank Kanoongo said that the book legitimises sexual relations with minors. “By minors, we mean girls who are yet to reach puberty. There are passages that say that men do not have to bathe after such an act to read namaz. There are several such references,” Kanungo told the Deccan Herald.

Interestingly, a chapter in the NCERT-prescribed English textbook for Class 11th on child marriage and sexual relations with a minor has gone under the NCPCR’s radar. The chapter, titled Ranga’s Marriage, is about a man in his mid-twenties who marries an 11-year-old and has two children with her before she turns 15. 

Meanwhile, opposition leader Asaduddin Owaisi has criticised the NCPCR for pushing a soft Hindutva agenda over the past few years, ThePrint had reported. Kanoongo has also been called out for turning the NCPCR’s focus away from ensuring child rights and meddling in political warfare that is outside the commission’s purview. 

Child Rights Body Asks Magistrate to Inquire Into Children Protesting Against Evictions in Haldwani

NCPCR chairperson Priyank Kanungo said that the involvement of children in protests violates the Juvenile Justice (Care and Protection of Children) Act, 2015.

New Delhi: The National Commission for the Protection of Child Rights (NCPCR) has asked the Nanital district magistrate to “look into the matter” of children participating in protests in Uttarakhand’s Haldwani against their eviction from homes.

According to Deccan Herald, NCPCR chairperson Priyank Kanoongo said that the involvement of children in protests violates the Juvenile Justice (Care and Protection of Children) Act, 2015 and asked the Nainital district magistrate to inquire into the incident and submit an action report within seven days.

Thousands of families – most of them belonging to the Muslim community – in Haldwani were protesting against an order issued by the Uttarakhand high court allowing the railways to evict them from their homes. While the railways claims that the land belongs to them, the residents have disputed the claim and say they have ownership documents. The Supreme Court on Thursday, January 5, stayed the order.

The NCPCR letter said that it has observed that minor children are being used “by the perpetrators for illegal protest”.

“In the photographs that have been uploaded on social media, children are clearly seen sitting with banners in their hands in the protest. It is pertinent to mention that children of tender age have been brought to the protest site in these adverse weather conditions which can prove to be dangerous for their health and wellbeing,” the letter, dated January 5, says, according to Deccan Herald.

Curiously, the NCPCR has not expressed any concern at the prospect of thousands of children becoming homeless if the evictions in Haldwani are carried out.

“It is pertinent to mention here that the Commission on earlier occasion has observed that use of children in such illegal protest has resulted in injury and even caused the death of minor children in one of the protests,” the letter adds.

The children who are participating in protests should be identified and produced before the Child Welfare Committee if required to ensure their safety, Kanoongo wrote, according to Deccan Herald. The parents of the children may also be counselled if the need arises, he said.

During the protest in Shaheen Bagh against the Citizenship Amendment Act (CAA) too, the NCPCR had written a similar letter to the district magistrate. It claimed that children might be “under influence of rumours/miscommunication” during the protests and as a result may be suffering from “mental trauma”.

Hyderabad Prophet Remarks: Protests Continue Seeking Action Against BJP MLA T. Raja Singh

In light of the persisting protests, Hyderabad police had deployed additional security forces in the city on Wednesday.

New Delhi: Protests seeking action against suspended Bharatiya Janata Party (BJP) legislator T. Raja Singh continued in Hyderabad late Wednesday, August 24 night for derogatory remarks the MLA made against Prophet Mohammad in a video uploaded to social media on Monday.

According to a report by NDTV, police baton charged protestors who chanted religious slogans, threw stones and burnt effigies, in order to subdue the crowds.

In certain areas which have been seeing protests in greater numbers, such as the Shalibanda and Old City areas, schools have been closed and in others, petrol pumps and most other shops remain shut, the Saisat Daily reported.

On Monday, Singh had uploaded a 10-minute video to social media in which he made remarks about the Prophet similar to those made by fellow suspended BJP leader Nupur Sharma in May this year which had triggered a major row, causing diplomatic backlash for India from a number of Muslim majority countries.

After Singh’s video was uploaded to social media (which has now been taken down), a case was registered against the BJP leader for promoting enmity between groups on the basis of religion and hurting religious sentiments. Thereafter, Singh was arrested on Tuesday, however, he was released on bail hours later.

Also read: Telangana: BJP Suspends MLA Raja Singh, Arrested For Alleged Derogatory Remarks On Prophet

Soon after his arrest, Singh was summoned by his party, which suspended him and issued a statement saying that he had expressed views that went against the party’s position on a number of matters.

All India Majlis-e-Ittehadul Muslimeen chief Asaduddin Owaisi, in a tweet, wrote that his party workers have been working to “de-escalate the situation” and release the numerous protestors who were apprehended by the police.

The AIMIM leader also alleged that police “barged into homes” of protestors to arrest them and used “disproportionate force”.

“This situation is a direct result of Raja Singh’s hate speech. He must be sent to jail at the earliest. I also reiterate my appeal to maintain peace. #Hyderabad is our home, it should not fall prey to communalism,” Owaisi wrote in the final tweet in the thread.

In the video, Singh had launched a tirade against comedian Manuwar Faruqui alleging that he had insulted Hindu gods in his comedy act.

He did comedy on my gods and today, without any other option left, I am doing comedy on your mother. This is my anguish,” Singh had said in the video.

Insisting that he didn’t understand what he did wrong, Singh on Tuesday also alluded to a second such video that he planned on releasing.

Protests have raged since Singh’s release on bail across Hyderabad, including parts of the old city, such as the Charminar area. The protests prompted police to step-up security in the city on Wednesday, news agency PTI had reported.

NCPCR seeks action against those who made children protest

Meanwhile, the National Commission for the Protection of Child Rights has sought for the Hyderabad police to register first information reports against people who made children chant slogans against Singh during the protests.

The Commission cited videos on social media which allegedly showed children chanting slogans for Singh to be hanged and, in a letter to the police, alleged that these children were being used as “political tools” in the protests.

Citing violations under the Juvenile Justice (Care and Protection of Children) Act, 2015, the Commission sought for the police to take suo motu cognisance of the matter and to identify the children based on the social media videos and produce them before a Child Welfare Committee to take their statements, as per the provisions of the Act.

 

Complaint That Kerala Girl Was Asked To Remove Bra Before NEET Exam ‘Fictitious’, NTA Told

The National Testing Agency said the exam centre’s superintendent claimed that no such incident took place and the complaint has been filed with “wrong intentions”.

New Delhi: The police complaint which claims that a 17-year-old girl in Kerala’s Kollam district was asked to remove her bra to appear for the medical entrance exam National Eligibility Entrance Test (NEET) is “fictitious” and has been filed with “wrong intentions”, the exam centre’s superintendent informed the National Testing Agency (NTA).

The father of the girl, who lodged the police complaint, told a TV channel that his daughter had followed the dress code mentioned in the NEET bulletin – which does not mention anything about innerwear. However, his daughter was asked to remove her bra to be allowed to write the exam on Sunday, he claimed.

The Kerala police have registered a case against the friskers allegedly involved in the incident on the basis of the complaint. The Indian Penal Code (IPC) Sections 354 (assault or criminal force to woman with intent to outrage her modesty) and 509 (word, gesture or act intended to insult the modesty of a woman) have been invoked, police said.

NTA officials told news agency PTI, “No complaint or representation has been received by us. On [the] basis of claims in media reports, an immediate report was sought from the centre superintendent and observer. They have informed that no such incident took place and the complaint is fictitious and has been filed with wrong intentions.”

“The NEET dress code does not permit any such activity as alleged by the parent of the candidate. The code provides for ensuring sanctity and fairness of exam while observing sensitivity towards gender, culture and religion during frisking of candidates,” a senior NTA official added, PTI said.

Kerala higher education minister R. Bindu on Tuesday asked Union education minister Dharmendra Pradhan to take strong action against the agency and expressed “dismay and shock” at the news of the “naked assault on the dignity and honour of the girl students” who appeared for NEET at a centre in Ayur.

NCW, NCPCR seek action

The National Commission for Women (NCW) and the National Commission for protection of Child Rights (NCPCR) on Tuesday sought action against the friskers who are involved in the incident.

The NCW said it has taken serious note of the reported incident which is “shameful and outrageous to the modesty” of young girls.

“Chairperson Rekha Sharma has written to the chairperson of the NTA to conduct an independent inquiry into the allegations levelled by the girl students and to take appropriate action in accordance with law against the responsible. The Commission has also sought a time-bound investigation in the matter,” it said in a statement.

The NCW has also written to the Kerala director general of police, asking for a fair investigation into the matter and the registration of an FIR if the allegations are found to be true. The action taken must be apprised to the commission within three days.

The NCPCR, on the other hand, has written to the Kollam district collector, requesting an inquiry to ascertain how many children underwent a similar treatment on July 17 during the checking or frisking of candidates appearing for NEET.

“You are further requested to furnish statements of the affected children and inform the Commission about the staff involved and action taken against them,” the NCPCR said in the letter.

(With PTI inputs)

Kunal Kamra Video: NCPCR Summons Twitter Official for Not Filing ‘Action Taken’ Report

In a video of a boy singing to PM Modi in Germany, the comedian had replaced the song the boy originally sang with one about price rise.

New Delhi: The National Commission for Protection of Child Rights has summoned Twitter India’s communications director over failure to submit an ‘action taken’ report against comedian Kunal Kamra.

NCPCR, under the Ministry of Women and Child Development, is India’s apex child rights body.

It has accused Kamra of posting a “doctored” video of a boy singing a patriotic song for Prime Minister Narendra Modi during his Germany visit earlier this month.

Kamra had shared a video that appeared to show Modi’s interaction in Germany with a child. The video had been shared by multiple news outlets. Kamra’s version replaced the song that the boy sang, ‘Janmabhoomi Bharat‘, with “Mehengayi daayan khaaye jaat hain“, which PTI has described as a Bollywood song about price rise.

Kamra is a noted critic of the Modi government and has earlier suffered rightwing Twitter’s attacks. In an affidavit to the Supreme Court, after he was accused of contempt of court for being critical over a judgment, he had noted, “Should powerful people and institutions continue to show an inability to tolerate rebuke or criticism, we would be reduced to a country of incarcerated artists and flourishing lapdogs.”

Immediately after tweeting this video, several rightwing Twitter participants called on the NCPCR to act against him.

A man claiming to be the boy’s father tweeted to Kamra saying that the seven-year-old wished to sing a song for his “beloved Motherland.”

“Though he is still very young but certainly he loves his country more than you Mr. Kamra or Kachra watever u are. Keep the poor boy out of your filthy politics & try to work on your poor jokes,” the user said.

Initially, Kamra noted that the video had been made public by a news site and added that the man’s son should listen to songs “from people of his country also.”

Later, Kamra responded to the father’s tweet by quote-tweeting it and saying:

“Meeting the PM & getting their attention could really help boast the moral of a child & I should have been empathetic towards that emotion of a father. I stand corrected. My apologies.”

He also appears to have deleted the video.

On May 5, NCPCR sought action against Kamra for tweeting this video.

“A letter in this regard was sent to your good offices dated 05.05.2022 calling for an ATR (action taken report) in the instant complaint within 7 days or receipt of the letter…However, no such ATR has been yet received by the Commission,” the NCPCR said in the letter sent to Twitter on Tuesday.

Kamra reacted to an ANI update on this news by tagging Elon Musk and “warning” him that his staff too will be “frivolously summoned” by central agencies “executing the will of their political masters.”

This is not the first time that the NCPCR has been accused of acting on behalf of the Narendra Modi government’s interests.

The body has been accused of leading a witch-hunt against its critics, especially New Delhi-based Centre of Equity Studies head Harsh Mander. In June 2021, the Delhi Commission for Protection of Child Rights (DCPCR), in an affidavit submitted to the Delhi high court, contradicted a majority of the incriminating claims made by the NCPCR about two childcare homes established by Mander’s organisation.

The inspections conducted by the NCPCR were conducted at a time when the Centre was battling massive anti-Citizenship (Amendment) Act agitations across the country. Mander was one of the foremost critics of the controversial law.

In 2020, the NCPCR wrote to the Madhya Pradesh government to take action against the district magistrate of Sagar for failing to provide information it had sought about a case of ‘religious conversion’ at a children’s hostel run by a Christian organisation. However, reports on this appeared only on rightwing online news sites.

Reports have also noted cases where the NCPCR has chosen not to intervene, like one in June 2015, in which an investigative report in Outlook magazine revealed that 31 tribal girls from five districts of Assam were allegedly trafficked by three RSS-affiliated organisations to Punjab and Gujarat. The state commission for protection of child rights had written to NCPCR to take action on the matter.

In 2022, NCPCR also issued a notice to Lancet for claiming in a report that more than 19 lakh children in India lost at least a parent during the pandemic. According to NCPCR, 10,000 children lost their parents due to COVID-19 and other reasons, while over 140,000 children lost a single parent, the New Indian Express had reported then.

Read: ‘Weathering the Storm in Erasma’, Harsh Mander’s Story NCPCR Wants Removed From NCERT Book

Mander, who based his story on a real person, has said it is disappointing that the government agency is now going after his story and asking for its removal.

Rights activist Harsh Mander wrote ‘Weathering the Storm in Erasma’, a short story for children, after a devastating cyclone hit Odisha in October 1999. First published in a Penguin anthology, it was later picked up by the National Council of Educational Research and Training (NCERT) for its Class 9 supplementary reading English book. It has been read by school students across the country for years now.

Now, the National Commission for Protection of Child Rights (NCPCR) has written to NCERT with complaints over the story, both because Mander is subject to an Enforcement Directorate probe, and because his story allegedly violates sections of the Juvenile Justice Act.

Mander, who based his story on a real person, has said it is disappointing that the government agency is now going after his story and asking for its removal, “only presumably because of my opposition to the communal majoritarian policies of the government”.

Read the full text of ‘Weathering the Storm in Erasma’, republished with the author’s permission, below.

§

On 27 October 1999, seven years after his mother’s death, Prashant had gone to the block headquarters of Ersama, a small town in coastal Orissa, some eighteen kilometres from his village, to spend the day with a friend. In the evening, a dark and menacing storm quickly gathered. Winds beat against the houses with a speed and fury that Prashant had never witnessed before. Heavy and incessant rain filled the darkness, ancient trees were uprooted and crashed to the earth. Screams rent the air as people and houses were swiftly washed away. The angry waters swirled into his friend’s house, neck deep. The building was of brick and mortar and was strong enough to survive the devastation of the wind’s velocity of 350 km per hour. But the cold terror of the family grew with the crashing of trees that had got uprooted and fallen on their house, some time in the middle of the night, damaging its roof and walls.

The crazed destruction wrought by the cyclone and the surge of the ocean continued for the next thirty-six hours, although wind speeds had reduced somewhat by the next morning. To escape the waters rising in the house, Prashant and his friend’s family had taken refuge on the roof. Prashant will never forget the shock he experienced at his first glimpse of the devastation wrought by the super cyclone, in the grey light of the early morning. A raging, deadly, brown sheet of water covered everything as far as the eye could see; only fractured cement houses still stood in a few places. Bloated animal carcasses and human corpses floated in every direction. All round even huge old trees had fallen. Two coconut trees had fallen on the roof of their house. This was a blessing in disguise, because the tender coconuts from the trees kept the trapped family from starving in the several days that followed.

For the next two days, Prashant sat huddled with his friend’s family in the open on the rooftop. They froze in the cold and incessant rain; the rain water washed away Prashant’s tears. The only thought that flashed through his mind was whether his family had survived the fury of the super cyclone. Was he to be bereaved once again?

Two days later, which seemed to Prashant like two years, the rain ceased and the rain waters slowly began to recede. Prashant was determined to seek out his family without further delay. But the situation was still dangerous, and his friend’s family pleaded with Prashant to stay back a little while longer. But Prashant knew he had to go.

He equipped himself with a long, sturdy stick, and then started on his eighteen-kilometre expedition back to his village through the swollen flood waters. It was a journey he would never forget. He constantly had to use his stick to locate the road, to determine where the water was most shallow. At places it was waist deep, and progress was slow. At several points, he lost the road and had to swim. After some distance, he was relieved to find two friends of his uncle who were also returning to their village. They decided to move ahead together.

As they waded through the waters, the scenes they witnessed grew more and more macabre. They had to push away many human bodies — men, women, children — and carcasses of dogs, goats and cattle that the current swept against them as they moved ahead. In every village that they passed, they could barely see a house standing. Prashant now wept out loud and long. He was sure that his family could not have survived this catastrophe.

Eventually, Prashant reached his village, Kalikuda. His heart went cold. Where their home once stood, there were only remnants of its roof. Some of their belongings were caught, mangled and twisted in the branches of trees just visible above the dark waters. Young Prashant decided to go to the Red Cross shelter to look for his family.

Among the first people he saw in the crowd was his maternal grandmother. Weak with hunger, she rushed to him, her hands outstretched, her eyes brimming. It was a miracle. They had long given him up for dead.

Quickly word spread and his extended family gathered around him, and hugged him tight in relief. Prashant anxiously scanned the motley, battered group. His brother and sister, his uncles and aunts, they all seemed to be there.

By the next morning, as he took in the desperate situation in the shelter, he decided to get a grip over himself. He sensed a deathly grief settling upon the 2500 strong crowd in the shelter. Eighty-six lives were lost in the village. All the ninety-six houses had been washed away. It was their fourth day at the shelter. So far they had survived on green coconuts, but there were too few to go around such a tumult of people.

Prashant, all of nineteen years, decided to step in as leader of his village, if no one else did. He organised a group of youths and elders to jointly pressurise the merchant once again to part with his rice. This time the delegation succeeded and returned triumphantly, wading through the receding waters with food for the entire shelter. No one cared that the rice was already rotting. Branches from fallen trees were gathered to light a reluctant and slow fire, on which to cook the rice. For the first time in four days, the survivors at the cyclone shelter were able to fill their bellies. His next task was to organise a team of youth volunteers to clean the shelter of filth, urine, vomit and floating carcasses, and to tend to the wounds and fractures of the many who had been injured.

On the fifth day, a military helicopter flew over the shelter and dropped some food parcels. It then did not return. The youth task force gathered empty utensils from the shelter. Then they deputed the children to lie in the sand left by the waters around the shelter with these utensils on their stomachs, to communicate to the passing helicopters that they were hungry. The message got through, and after that the helicopter made regular rounds of the shelter, airdropping food and other basic needs.

Prashant found that a large number of children had been orphaned. He brought them together and put up a polythene sheet shelter for them. Women were mobilised to look after them, while the men secured food and materials for the shelter.

As the weeks passed, Prashant was quick to recognise that the women and children were sinking deeper and deeper in their grief. He persuaded the women to start working in the food-for-work programme started by an NGO, and for the children he organised sports events. He himself loved to play cricket, and so he organised cricket matches for children. Prashant engaged, with other volunteers, in helping the widows and children to pick up the broken pieces of their lives. The initial government plan was to set up institutions for orphans and widows. However, this step was successfully resisted, as it was felt that in such institutions, children would grow up without love, and widows would suffer from stigma and loneliness. Prashant’s group believed orphans should be resettled in their own community itself, possibly in new foster families made up of childless widows and children without adult care.

It is six months after the devastation of the super cyclone. This time Prashant’s wounded spirit has healed simply because he had no time to bother about his own pain. His handsome, youthful face is what the widows and orphaned children of his village seek out most in their darkest hour of grief.

NCPCR Questions NCERT on Inclusion of Harsh Mander’s Story in English Textbook

Priyank Kanoongo, head of the apex child rights body, has claimed that Mander’s story violates sections of the JJ Act.

New Delhi: The National Commission for Protection of Child Rights (NCPCR) has sought an explanation from the National Council of Educational Research and Training (NCERT) over the inclusion of a story by social activist Harsh Mander in a school textbook. Mander, a vocal critic of the rise of Hindutva forces and the Narendra Modi regime, is being investigated by the Enforcement Directorate.

The probe against him has been criticised by rights activists, academics and others as an attempt to harass and intimidate those who question the government in power.

In a letter to the NCERT, the NCPCR chief, Priyank Kanoongo, said the content of the story titled ‘Weathering the Storm in Ersama’ included in the English book ‘Moments’ for Class IX was examined following a complaint, and it was found that it negated different provisions of the Juvenile Justice Act, 2015.

“Also, the narrative of the story is built in a way to suggest that the rescue and welfare work are only carried out by the non-government organisations and undermines the country’s mechanism, including disaster management agencies and other authorities,” the letter said.

“The said chapter (story) included in the supplementary reading book is authored by Shri Harsh Mandar among other stories by renowned literary figures. The complaint raises questions over inclusion of the story by a person who is accused of money laundering while running children’s homes in the country,” Kanoongo said.

The NCPCR chief said it seemed that the other two stories titled ‘A Home on the Street’ and ‘Paying for his Tea’, given as suggested readings at the end of the chapter, also presented a similar picture and had been included without cross-checking the present scenario of care and protection of children in the country.

“It is important to note that the JJ Act was enacted in 2015 and subsequently the JJ Model Rules were also constituted in 2016. The said book has been reprinted five times between 2016-2021, and as per the reports revisions of books/syllabus have also been carried out regularly without referring to the relevant laws and without being sensitive to the issue of care and protection of children,” the NCPCR said.

“Therefore, the matter is being forwarded to you for your comments and to take appropriate action in this regard. It is also requested that the NCERT may also ensure that no such misguiding account is reflected in other stories/chapters in the books. You may apprise the Commission about the action taken within seven (07) days of issuance of this letter,” Kanoongo said in a letter.

No NCERT official was immediately available for comments, according to PTI.

Mander’s story is about teenager in Odisha whose village is devastated by a cyclone. Instead of getting cowed down by grief, the 19 year old becomes a community organiser, bringing people together to create rehabilitation opportunities and negotiate with traders and the government for the best way forward.

At the end of the story, the community decides that for children orphaned in the cyclone, local resettlement in foster families would be a better option than government-run institutions.

The author told The Wire that his story is based on true events. “I am proud that my true story about a teenager who bravely gave leadership and hope to his village elders when they were broken and devastated by thousands of deaths in the Odisha super cyclone, has been part of the NCERT textbook for many years. It is sad to draw the story into controversy only presumably because of my opposition to the communal majoritarian policies of the government,” Mander said.

This is not the first time the NCPCR has had a problem with Mander. In October 2020, the child protection body had raided Ummeed Aman Ghar and Khushi Rainbow Home – with which the former IAS officer is associated – as a part of what he said was a “witch-hunt” against those who participated in the anti-Citizenship (Amendment) Act. In July 2021, the Delhi Commission for Protection of Child Rights had slammed the NCPCR’s actions in the case, telling the Delhi high court it was an “attack on democracy” rather than based on actual concerns about children in the two homes.

(With PTI inputs)

Thanjavur Suicide: NCPCR Suggests Tampering of Evidence but Remains Silent on ‘Conversion’ Angle

Activists said because the child rights panel was acting upon a complaint of alleged forced conversion, it should have discussed its findings regarding these claims.

Chennai: In its inquiry report on the death by suicide of a minor girl in Ariyalur district in Tamil Nadu, the National Commission for Protection of Child Rights (NCPCR) said it found many “glaring issues” which should be investigated by the authorities – including tampering of evidence – but remained largely silent on the allegations that the girl decided to end her life because she was forced to convert to Christianity.

On January 19, the 17-year-old girl – a plus two student at Sacred Hearts school in the Michaelpatti village – died by suicide, ten days after consuming herbicide. The death snowballed into a major controversy in the state with the BJP claiming that the girl had died by suicide because she was “forced to convert to Christianity” by the school. The BJP also released a video of the girl, in which she says that the school authorities had told her to convert a couple of years ago and that she was harassed in different ways.

But the state police’s investigation discounted the possibility of the conversion angle. There were also reports that suggested that the girl was harassed by her stepmother, driving her to suicide. Subsequently, the case was transferred to the CBI by the Madurai bench of the Madras high court.

A three-member team of the NCPCR, consisting of its chairperson Priyank Kanoongo, Madhulika Sharma (advisor, education) and Katyayani Anand (consultant, legal) visited Thanjavur on January 30 and 31 to conduct a “thorough enquiry” into the incident. They were acting on a complaint received on January 20 about “forceful illegal conversion of children, corporal punishment and mental agony driving the student to suicide”. The report, released on Thursday, said that the committee was in “receipt of 3545 complaints pertaining to the issue and demanding an enquiry”.

The report said there were many discrepancies and lapses in the immediate steps taken by the school authorities for the care of the minor girl after she fell sick and in the investigation into her death by the authorities.

It stated that the school did not have separate rooms and accommodation for the stay of children. It said that in the absence of proper compliance of due procedure of law and since the alleged crime scene was not sealed and cordoned off for the purpose of the investigation by the local police, there might exist a possibility of tampering with evidence.

The committee also said there were anomalies in statements made by the investigation officer and the superintendent of police. “The steps taken by the investigating authorities were observed to be not in line with the rules of procedure that should have been adopted in case of investigation into the death of a minor girl. This creates suspicion whether the investigating agency is doing a fair investigation or not,” it said.

Representative image of Tamil Nadu police. Photo: PTI

The report also slammed the school for not making sincere efforts to provide appropriate medical care to the girl. “A local nurse was engaged by the school for the medical treatment of the minor child and when the child fell more sick, the CCI contacted the parents of the minor child,” it said. This lapse, the report says, “indicates malicious intention of the CCI to conceal the real reasons behind the minor girl’s death”.

The school also collected fees from the mother before allowing the girl to be taken for the treatment to the hospital, the report noted. “The Commission observed that no inquiry had taken place against this action of the school authorities for taking fee from the mother of the deceased child,” it said.

The NCPCR report also said that the authorities “were trying to turn the incident into a story of the minor having an evil stepmother, and how that stepmother forced the deceased child to do household work”. But in the course of the interaction with the school and police, the NCPCR found out that the minor girl “was made to do official work of the CCI by the warden like book keeping, accounting, store management etc and other work like cleaning the premises, washing toilets, opening the door etc”.

The report said that the investigative authorities ignored the requests of the family to probe the conversion angle but did not elaborate on the possibility of the angle.

NCPCR has recommended that the chief secretary take action against district authorities who failed to act as per the Juvenile Justice Act, 2015 and to provide necessary counselling, compensation and assistance to the parents and the brother of the deceased girl. It has also recommended an enquiry into institutes that are functioning under the Tamil Nadu Hostel and Homes for Women and Children (Regulation) Act 2014 and the Juvenile Justice Act and provide the list to the NCPCR.

It has also recommended shifting all the children residing in the hostel. The NCPCR has also recommended to the DGP to take disciplinary action against the district police officials for not following the due process of investigation and conducting a fair investigation.

‘Incomplete’, say activists

But activists denounce the report as ‘incomplete’. Pointing out that the NCPCR committee was visiting on a complaint about conversion, Henry Tiphagne, executive director of the People’s Watch movement, said that the report was conspicuously silent on this angle.

“It is a sad state of affairs. The complaint is about forced illegal conversion of children. The report does not discuss the findings of their enquiry vis-à-vis that. The report does not fully say who they met, who deposed before them. When the report says they were acting on a specific complaint, shouldn’t it also reveal the findings of the committee on that complaint?” he asks.

Jeeva Kumar, a lawyer from Rayamundanpatti, a neighbouring village of Michaelpatti, who deposed before the NCPCR committee, told The Wire that he informed the panel that there was “no chance of forceful conversion” in this region. “I said it was not fair to meddle with the education of children with such non-existent problems. I also told the committee that we expect it to act without any bias,” he said.

Several residents of the villages who had their children studying in the Sacred Hearts school made the same deposition, Kumar claimed, adding that he is not surprised that the committee hardly mentions the conversion angle.

State BJP chief K. Annamalai, in a tweet, highlighted the report’s finding that the police ignored the pleas of the family to probe the conversion angle. He rejected news reports which said the committee found no evidence of forced conversion.

If you know someone – friend or family member – at risk of suicide, please reach out to them. The Suicide Prevention India Foundation maintains a list of telephone numbers (www.spif.in/seek-help/) they can call to speak in confidence. You could also refer them to the nearest hospital.

The NCPCR report said there were many discrepancies and lapses in the immediate steps taken by the school authorities for the care of the minor girl after she fell sick and in the investigation into her death by the authorities. | @kavithamurali reports