On February 18, a day before the start of Ramzan, the Islamic month of fasting, the Deputy Commissioner of Kishtwar in J&K, Pankaj Kumar Sharma, issued an order banning the collection of donations during the month by an individual, an NGO, or a religious and charity organisation without the authorisation of the government, the Waqf Board, or the Imam of the Jamia Masjid in Kishtwar.
The order, a first of its kind, was immediately criticised by political parties and religious leaders, who dubbed it an “interference” in religious affairs of Muslims and demanded its immediate withdrawal.
What did the order say?
The order said that “no individual, NGO, Trust, society or committee shall undertake the collection of donations (in cash, kind, or via digital modes) within the territorial jurisdiction of Kishtwar district without a valid registration under the relevant Acts ( J&K Societies Registration Act, Trust Act) and mandates prior written intimation/clearance must be obtained from the Executive Officer, Waqf Board unit, Kishtwar/Imam of the Jamia Masjid, Kishtwar (President Majlis Shura Committee Kishtwar) or concerned Tehsildars”.
The order further said “all fundraising entities must maintain a transparent record of collections and expenditures and that any solicitor found without authentic identification, a certified copy of their organisation’s registration and a designated receipt book shall be deemed unauthorised”.
The order argued that it was the “statutory obligation of the district administration to ensure that public contributions intended for relief, welfare or religious purposes are not misappropriated, laundered or diverted for extraneous or subversive activities”.
What is the connection between Ramzan and charity?
Muslims are obligated to share a part of their wealth with the poor and needy and most of this charity comes during Ramzan. Muslims not only give Sadaqah (charity of one’s own will) but also pay Zakat (obligated charity) – an annual 2.5% of their wealth – to the poor and needy people during this month. While there is no specific direction in religion to give Zakat during Ramzan, Muslims prefer it because of the high rewards promised during this month.
It is during this month that the religious institutions, under-construction mosques, patients and poor individuals and charity organisations collect funds.
How did political parties react to the order?
While the BJP welcomed it and demanded it be extended to all areas of Jammu and Kashmir, the National Conference (NC), the Peoples Democratic Party (PDP), and the Congress called it “unconstitutional” and demanded its immediate rollback.
Two Congress legislators raised the issue in the Assembly. “It is an intrusion into privacy. Is Sadaqah or Zakat to be subjected to administrative scrutiny?” asked Nizam-ud-din Bhat. “It is absolutely unconstitutional, ultra vires, bad in law and provocative.” Bhat was supported by fellow Congressman and Dooru MLA Ghulam Ahmad Mir, who also called for the order’s immediate withdrawal.
Senior NC leader and Deputy Chief Minister Surinder Choudhary too criticised the order saying “if someone collects donations for a religious cause, it happens in every religion, in my religion as well as your religion” and the Deputy Commissioner should not decide about it.
Why is this order being opposed?
The order was specifically issued for Ramzan. Given that no such order has been issued in the past about the collection of donations by people from other religions, this order was seen as an “interference” in religious affairs of the minority community. That the order came in the backdrop of the government seeking donation and funding details from the mosques set off alarm bells about the intention behind it.
Some religious leaders are also wary of the order because it gives the administration control over who can collect the funds and who cannot. Another contentious point is that the order has also authorised the Waqf Board – being run by the BJP leader Darakshan Anadrabi – to decide on the donations.
How did the Omar Abdullah government react?
While his party colleagues opposed the order, Chief Minister Omar Abdullah defended it by saying it was issued don the insistence of the religious leaders.
In the House, Omar requested legislators not to politicise every issue. “Deputy Commissioner sahib didn’t issue this order on his own or out of nowhere. Before Ramadan, every DC was asked to talk to the local Muslims to make preparations. During this meeting, many people said that some people create fake NGOs during the holy month. They collect money, sometimes claiming to be in aid of ailing people, and no one knows how it is used,” said the CM. “I tried to investigate it on my own level. The local Muslim community leaders had requested the DC to issue such an order. They requested the DC sahib that real NGOs face losses as they don’t get the donations. The Imam of the Jami masjid (Kishtwar) and other imams have welcomed this decision.”