Darul Uloom Deoband Legitimizing Sexual Crimes Against Children!

5^th July 2023

To,
Shri Priyank Kanoongo,
Chairperson,
National Commission for Protection of Child Rights (NCPCR),
Government of India

Sub: Darul Uloom Deoband’s teachings to young students on ways to legitimize and normalize 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.

Dear Shri Priyank Kanoongo,

Namaste.

India is a signatory to the United Nations Convention on the Rights of the Child (UNCRC), which is a human rights initiative setting out the civil, political, economic, social, health and cultural rights of children. It is an international treaty that makes it incumbent upon the signatory countries to take all necessary steps to protect children’s rights as enumerated in the Convention.

In the spirit of the Convention, we would like to bring to your urgent attention the shocking fact that Asia’s largest & globally influential Islamic school, Darul Uloom Deoband, (which was setup in 1866-67) is teaching their students, including young children, that criminal assaults on minors, sexual intercourse with dead bodies, rape of females, impotent persons, anal sex with hapless animals, as well as humans – both adult and children – can be legitimized, if followed through with easy to perform rituals.

Most of the books being taught at Darul Uloom Deoband and other Madarsas in India are either in Arabic, Persian or in Urdu, hence it is not possible for us to conduct an academic audit of the curriculum of these Madarsas. This task can only be undertaken by competent institutions of the Indian state.

However, we recently came across English and Hindi translations of a few of the books being taught and officially endorsed by Darul Uloom Deoband. Even a cursory reading of some of these books, especially with regards to rights of children, is spine chilling and mind-numbing, to say the least.

The content of Maulana Ashraf Ali Thanvi’s influential books:

We present before the NCPCR, a few illustrative extracts from ‘Bahishti Zevar’ and ‘Peculiar Personal Problems of Men and Women’ which provide a tiny glimpse of sexual perversions contained in these two ‘highly authoritative’ texts, especially with regard to child rights.

These highly influential and best-selling books have been written by late Deobandi idealogue Maulana Ashraf Ali Thanvi, who has a massive fan following among Indian Muslims as well as across the Global Ummah, including ISIS, Taliban and Al-Qaeda.

The extracts cited below as well as enclosed as Annexure 1, throw light on the nauseating forms of sexually perverted content being routinely endorsed through teachings and Fatwas by Maulanas and Muftis of Darul Uloom Deoband. The sexual perversions do not stop at legitimizing sex with little children but also extend to sex with dead bodies, impotent persons, raping of females, as well as anal sex with animals and humans – both adult and children.

A Fatwa in Urdu by Darul Uloom Deoband publicly endorses sexual intercourse with a minor girl. The Urdu Fatwa and its English (Google) translation is enclosed as Annexure 2. Numerous other Fatwas by Darul Uloom Deoband also publicly endorse Maulana Ashraf Ali Thanvi and his works. Some of these Fatwas are enclosed as Annexure 3.

The most worrisome part of these teachings and Fatwas are that sexual perversions, that invite rigorous jail terms on account of such acts being considered as heinous crimes in most civilized societies, are sought to be normalized through rituals. Rituals such as ‘gusl’ (taking a bath after the act) or keeping extra fasts, are recommended if the said acts are committed during the month of Ramzan.

A tiny sample from the authoritative ‘Bahishti Zevar’ widely used by Muslims:

Example 1: The English translation of Maulana Ashraf Ali Thanvi’s ‘Bahishti Zevar’ advises that a mere bath after sexual intercourse with a minor girl is enough to legitimize the act:

If anyone has sexual intercourse with a minor girl, then bath is not obligatory for her, but in order to make her used to bath she may be required to take bath. (Page 55)

If a man indulges in sexual intercourse with a minor girl, bath will not be obligatory if there is no seminal discharge. (Page 58)

Example 2: On page 58, Thanvi again assures his readers that a mere bath after the following bizarre form of sex is enough to make the act legitimate:

If a man inserts his penis into the naval of a man or woman and there is no seminal discharge, then bath will not be obligatory.

Example 3: Even more shocking is Thanvi’s prescription given on page 271 for legitimizing sexual intercourse with a dead woman, minor girl or an animal:

If anyone committed sexual intercourse with a dead woman or with a minor girl who does not excite passion or with an animal or embraced or kissed anyone or masturbated and in all such cases semen came out, then the fast will be disrupted but recompensation will not be due.

The ‘fast’ mentioned in the above / following extracts refers to the fasts kept during Ramzan.

Example 4: On page 272, Thanvi declares that sexual activity for anal pleasure with self is perfectly acceptable and does not disrupt the fast:

… a man inserts something in his excretion hole and it remains out, then the fast will not be disrupted …

Example 5: The following quote also from page 272, prescribes an extra fast and some charity to legitimize sexual intercourse by a woman with a minor or an insane person:

If a woman subjects herself to sexual intercourse with a minor or an insane during a fast, then compensatory fast and recompensation both will be due.

Example 6: On page 278, Thanvi again advises extra fasts for both the partners to legitimize anal sex:

If a man enters his penis in the back part (hole) of someone and its top has entered, then fast of both is lost and compensatory fast and recompense becomes due on both.

Example 7: The Hindi translation of Maulana Ashraf Ali Thanvi’s ‘Bahishti Zevar’ (pages 719 and 720), provides the standard simple way to legitimize men having anal sex with men, women or impotent persons – go have a bath after the act! If the partners to the sex act are both adults, then both need to have a bath or else only the person on whose body semen is discharged needs to have a bath!

दूसरी वजह इलाज (eelaj) यानि की किसी ऐसे मर्द के, जिसे जोश आ रहा हो, खास हिस्से के सर का किसी जिन्दा औरत के खास हिस्से में या किसी दूसरे जिन्दा आदमी के मुश्तरका (पीछे का हिस्सा) हिस्से में दाखिल होना, चाहे वह मर्द हो या औरत या खंसी (नपुंसक) और चाहे मणि गिरे या न गिरे, इस सूरत में अगर दोनों  में गुस्ल के सही होने की शर्त पायी जाती है यानि दोनों बालिग हैं तो दोनों पर, वरना जिसमे पायी जाती है, उस पर  गुस्ल फ़र्ज़ हो जायेगा।

Example 8: Page 720 also advises that if a sexually aroused woman indulges in sex with an animal, a reluctant male or uses an external object (such as a wooden stick) for self-pleasure, she need not feel guilty if she has a bath after the act. However, as per real Islamic ethos even the simple bath is not necessary if the semen of the animal does not enter the woman:

अगर कोई औरत जोश की वहज से अपने खास हिस्से में किसी बे-जोश मर्द या जानवर के खास हिस्से को या किसी लकड़ी वगैरह को या अपनी ऊँगली को दाखिल करे, तब भी उस पर गुस्ल फ़र्ज़ हो जायगा, मनी गिरे या न गिरे, मगर यह शारेह  (शरह  करने) की राय है और असल मज़हब में बग़ैर मनी निकले ग़ुस्ल वाजिब नहीं।

Extracts from Thanvi’s ‘Peculiar Personal Problems of Men and Women’:

Example 9: On page 3, the English translation of Maulana Ashraf Ali Thanvi’s ‘Peculiar Personal Problems of Men and Women’ brazenly declares that sexual intercourse with an animal, dead person or a minor girl is perfectly legitimate and even a bath is not necessary, if semen has not been discharged:

If the male organ is inserted into the private part of an animal or a dead person or a minor girl who is not fit for sexual intercourse, then bath will not be necessary without discharge of semen.

Example 10: Page 10 normalizes sexual acts with a dead body or an animal through the same old simple formula:

If one rubs his sexual organ with a dead-body or an animal and semen is discharged, then compensatory fast will be compulsory but recompensation will not be due.

Example 11: No less shocking is the advice also given on page 10 for getting away with rape of a woman during fasting hours. In this case, even the rape victim has to make up for disruption of her fasts by undertaking extra fasts while the man will have to give some amount in charity in addition to the extra fast:

If someone committed sexual intercourse forcibly with a woman, then the woman is liable to compensatory fast and not recompensation, but the man is responsible for both.

Example 12: Page 11 goes further to exonerate sexual intercourse with an animal or a dead body:

If anyone commits sexual intercourse with an animal or a dead-body or committed sexual intercourse outside the vagina and it caused no seminal discharge, then the fast is not disrupted. But if there is seminal discharge in such conditions, then the fast will be disrupted and a compensatory fast will be due on him, but recompensation will not be due.

Our Appeal to NCPCR:

The above given samples are a mere tip of the iceberg. And yet, they provide ample evidence that Darul Uloom Deoband’s teachings are endangering the lives of children, in a very alarming way. These facts do not surface in the public discourse because any mention of atrocities and crimes committed by Muslims under cover of ‘religious freedom’, immediately invites the tag of ‘Islamophobia’. Even we are bringing these facts to your notice at the risk of being vilified as Islamophobic.

The Indian state cannot afford to ignore the brazen trampling of child rights and human rights in the name of religious freedom, especially considering that in almost all non-Islamic countries of the world, including India, these acts fall in the category of heinous crimes punishable with up to life imprisonment.

Even as per the Protection of Children from Sexual Offences (POCSO) Act, 2012, punishment for penetrative sexual assault involves imprisonment which is not less than ten years and extends to imprisonment for life. Whoever abets the offence under the POCSO Act also faces similar punishment. But as per Darul Uloom Deoband’s Islamic scholars, a mere bath after committing barbaric sexual crimes against children makes the acts normal and acceptable!

Given this dangerous scenario, NCPCR should take serious note of the fact that the religious education being provided by Darul Uloom Deoband is ruining the mental and physical well-being of the children studying there by encouraging young students to grow up believing that sexual perversion and criminal forms of sexual acts are normal and rightful behaviour.

Since the National Commission for Protection of Child Rights (NCPCR) was setup under the Commission for Protection of Child Rights (CPCR) Act, 2005 to ensure that children enjoy their rights and develop in a free and fair environment, and to ensure that the legal and constitutional rights of the children are protected, we the undersigned request urgent intervention by NCPCR on the following lines:

1. The entire curriculum of Darul Uloom Deoband needs to be examined by an independent body, headed by a sitting or retired Supreme Court judge (s), capable of undertaking a non-partisan audit of the course curriculum taught by Darul Uloom Deoband.
2. Thousands of young students trapped in Darul Uloom Deoband need to be rescued, deradicalized and admitted into regular schools.
3. Past students of Darul Uloom Deoband need to be put on the radar of intelligence agencies because of the dehumanization and radicalization they have suffered at the hands of the Maulanas and Muftis of Darul Uloom Deoband.

We hope to witness early and firm action by the NCPCR against the systematic poisoning of the minds of young children at Darul Uloom Deoband.

Yours sincerely,

(Signatories in alphabetical order)

1. Dr. Ajay Chrungoo, Former Medical Officer, J&K Health Services
2. Dr. Amit Thadhani, Director, Niramaya Hospitals, Mumbai & Navi Mumbai
3. Advocate Amita Sachdeva, Delhi High Court & Legal Secretary, Human Rights Mission
4. Prof. Anand Kumar, National Fellow, Indian Institute of Advanced Studies, Shimla
5. Dr. Anil Kumar Vajpayee, Central Government College, Daman & Diu (Retd.)
6. Prof. Bharat Gupt, University of Delhi (Retd.)
7. Prof. Daksh Lohiya, Professor Emeritus, DAMTP, University of Cambridge, UK
8. Prof. Gauri Mahulikar, Academic Director, CIF and Former Professor & Head, Sanskrit Department, Mumbai University
9. Dr. Gautam Sen, London School of Economics (Retd.)
10. Advocate Hari Shankar Jain, Supreme Court of India
11. Prof. Himanshu Roy, Centre for Political Studies (CPS), Jawaharlal Nehru University (JNU)
12. Prof. Kanchi Gopinath, Indian Institute of Science (IISC), Bangalore (Retd.)
13. Prof. Kapil Kapoor, Former Pro-Vice Chancellor, Jawaharlal Nehru University (JNU)
14. Dr. Krishen Kak (IAS, retd), Author
15. Prof. Lakshmi Bandlamudi, LaGuardia Community College, City University of New York
16. Prof. Madhu Kishwar, Former Professor, Centre for the Study of Developing Societies (CSDS) and National Professor, ICSSR (2016 – 19)
17. Dr. Narendra Joshi, Project Director, Vivekananda Prabodhini, Jana Seva Kendra, Mumbai
18. Dr. Neena Bansal, Associate Professor, Dept. of Political Science, University of Delhi
19. Shri Neeraj Atri, Chairman, National Center for Historical Research and Comparative Studies
20. Advocate Prashant Singh, Supreme Court of India
21. Dr. Prem Parkash Khosla, M.M.D. University, Haryana
22. Prof. R. Vaidyanathan, Cho S Ramaswamy Visiting Chair Professor, Sastra University and Former Professor, Indian Institute of Management, Bangalore
23. Shri Rahul Dewan, President, Sarayu Trust
24. Prof. Ramesh N. Rao, Dept. of Communication, Columbus State University, Georgia
25. Dr. Ratan Sharda, Author
26. Advocate Ravi Sharma, Advocate on Record, Supreme Court of India
27. Shri Sahil Aggarwal, Co-founder and CEO, Rishihood University, Haryana
28. Prof. Sangit Kumar Ragi, Dept. of Political Science, University of Delhi
29. Shri Sanjay Dixit (IAS, retd), Chairman, Jaipur Dialogues
30. Dr. Satish Malhotra, Retd. Prof., G.G.S. Medical College, Punjab
31. Dr. Sharda Narayanan, Assistant Professor, Dept. of Natya, Dr. MGR Janaki College of Arts and Science for Women, Chennai
32. Dr. Shilpi Tiwari, VIMHANS, Delhi
33. Dr. Surendra Jain, Former Principal, Sh. L. N. Hindu College, Rohtak, Haryana
34. Prof. Uma lyer, Bronx Community College, City University of New York (Retd.)
35. Advocate V. Govinda Ramanan, Supreme Court of India
36. Advocate Varun Dutta, Punjab & Haryana High Court
37. Advocate Vishnu Shankar Jain, Advocate on Record, Supreme Court of India

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