All India Dawah Centres Association (AIDCA) is a group of
1.Registered Dawah organizations all over India which also includes
2.Individual Da’ees (Person Involved in Teachings of Islam) and
3.Ulama (Scholars in the Teachings of Islam).
Aidca has made efforts to unite all the institutions, organisations, individuals and Ulamas on one platform to stand for justice and truth for the Dawah and civil rights of the Muslim community.
We have established a Legal Infrastructure which is known as “Muslim Legal Cell” (MLC) . In MLC we are making efforts to provide Legal aid to Muslim Community at large and specialize ourselves in the field of Dawah and civil rights of Muslim Community including Reverts.
In ALC we will handle situations like illegal detentions, PILs, Bails, Trials, and other Misc. applications
for the Muslim community. For all this to happen we need more and more paralegal volunteers (a person who works between the lawyer and the victim and has an adequate knowledge of law).
What is Legal Aid and Awareness? & Why?
Aid is also called help and “legal aid” also can be called legal help in simple language. Today we have hospitals for medical aid, we have fire stations for aid in case of fire but are we having any station or any office where a victim can obtain a legal aid or help. The answer is NO.
Coming to the awareness part, Aid or help is given after the accident or incident but awareness is always given before the accident or the incident so that it may be controlled.
We know that in today’s scenario the Muslims being in minority are having the majority in jails. The crime rate in Muslim community is because of many reasons but one of the main reason is they do not have the awareness of the law. So therefore there is need for both Legal Aid Office in every Muslim pocket and awareness programmes for the same.
Legal Aid Centres for what?
A. Legal Aid for Victims are Defensive:
1. Illegal detentions / Arrest
3. Anticipatory Bail.
B. Legal Aid for Injustice and Anti-Islamic Forces are Aggressive:
How to start providing the Legal Aid?
At the time of doing above things we have two questions asked by most of them is
1. Koi lawyer hai kya?
2. Koi setting hai kya?
For all the above what you need is a lawyer. So the “First Aid” of the Legal Aid is the Lawyer. We need to have a full time lawyer representing the Muslim community of particular zone, areas or High Courts. And to help the lawyers we need paralegal volunteers so that they can identify and classify the problems of the victims and feed the lawyers which will not only save time but also give an organised look to the centre.
So we need 1. Lawyer and 2. Paralegal volunteer and of course an office so that the victims should have the go to place.
And some financial backing if the victim is very poor.Then the real Aid begins with sincere follow ups and correct legal direction with proper knowledge. If you are not opting correct directions in the case then you can end up spoiling the case of the victim. In that case you become a person which has increased his legal problems rather than solving the same. So knowledge and training is very important which is required for providing the AID therefore have knowledge before helping or provide a person having the same.
So we know that lawyers are available in abundance in the market but what we do not have is a paralegal volunteer.He is the link between the victim and justice or correct legal direction or the lawyer.
He should have the
3. No other profit
4. The most important thing is Time Pe Time Dena (TPTD)
Now what we Dawah Centre and Daees can do?
We can become the Dawah centre cum legal aid centres in our area and we can become the Daees cum paralegal volunteer of our area.We can have monthly meetings, trainings, Dars e Law , and Ghast e Advocates in our areas for becoming the solution to the problems in our areas. Now we have to stop discussing the problems and start working towards solutions.
Legal Problems in Dawah Activities
What does the Indian Constitution say?
Constitution of India – Part III – Fundamental Rights – Article no 25 says:
Freedom of conscience and free profession, practice and propagation of religion
(1) Subject to public order, morality and health and to the other provisions of this Part, All persons are equally entitled to Freedom of conscience and (a person’s moral sense of right and wrong)The right freely to profess, practise and propagate religion.
(2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law.
(a) Regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice.
(b) Providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.
Explanation I – The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion.
Explanation II – In sub clause (b) of clause reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jain or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly.
In view to the above article we can propagate our religion but subject to public order i.e. communal fights, health and morality. So there are conditions which we have to follow while doing Dawah at large otherwise we can end up in doing criminal offence and get a case registered in our name.
We have the right to buy, own and drive car or a bike but only with a registration number of the car or bike along with a Driving licenses in our name. Without the same we do an offense which punishable and can be fined. Same we have the fundamental right to propagate our religion but with permissions and registration from the local authorities. Doing Dawah without the same would end up you doing a crime and a case can be registered against you.
Where we can end up doing a crime?
Section 295A of Indian Penal Code
: Deliberate and malicious acts, intended to outrage religious feelings or any class by insulting its religion or religious beliefs.
295A. – Deliberate and malicious acts, intended to outrage religious feelings or any class by insulting its religion or religious beliefs.Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of citizens of India, By words, either spoken or written, or By signs or By visible representations or otherwise, Insults or attempts to insult the religion or the religious beliefs of that class, Shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
So here we have Daees speaking on the podiums, writing books and Dawah centres Publishing Phamlets, doing street Dawah campaigns. We have to be careful that while Dawah is our fundamental right we cannot publicly make statements for the religious beliefs of other people. Therefore it required for the duaths speaking on the podium to record their lecture and keep an original copy with them so that if any else records and edits it with hate speech then you will the original CD to prove your innocence.
Now we know that Dawah is inviting towards the Kalema La Illaha Il’lallah Muhammad (pbuh) Rasoolul’llah meaning koi mabude barhak nahin siwae Allah ke …. So first there is denouncing of all the deities and then the declaration of oneness of Allah. So while denouncing the religious beliefs and deities of other religion our statements will definitely hurt the people of different faiths. But here if use and take a common terms / names and not proper names of the false deities (mabude baatila) then there can be no complaints or I may say the case will be in your favour in court of law.
Also beware of new unknown daees who joins your group as they can be misguided or immature and can do damage to your Dawah activities.
296. Disturbing religious assembly
: Who ever voluntarily causes disturbance to any assembly lawfully engaged in the performance of religious worship, or religious ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
In accordance to the above we should avoid doing Dawah campaigns in the time of festival of other religious beliefs. At the time of festivals the religious feelings are on top of one’s heart and mind. So any argument can lead to big issues which will not help the field of Dawah.
153. Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc. And doing acts prejudicial to maintenance of harmony.
(1) Whoever- By words, either spoken or written, or By signs or By visible representations or otherwise, promotes or attempt to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities, or
(b) commits any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities, and
which disturbs or is likely to disturb the public tranquillity,
2[or] 2[(c) organizes any exercise, movement, drill or other similar activity intending that the participants in such activity shall use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, or participates in such activity intending to use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, against any religious, racial, language or regional group or caste or community and such activity for any reason whatsoever causes or is likely to cause fear or alarm or a feeling of insecurity amongst members of such religious, racial, language or regional group or caste or community,] shall be punished with imprisonment which may extend to three years, or with fine, or with both. Offence committed in place of worship, etc.—
(2) Whoever commits an offence specified in sub-section (1) in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine.]
In accordance to the above we should avoid talking bad towards any religion and also should not instigate our Muslim brothers against any religion which can cause enmity. But a very important point here is this section can also be used by our people against the anti-Islamic forces which indulge in hate speeches to their crowd and sow the seed of enmity in the hearts of innocent people against Islam and Muslims. In this legal aid centres we can file a complaint to the local police station or even go to the magistrate for appropriate action on the same.
Now days whatsapp, Facebook, twitter are in Fashion and so the messages area also getting bolder and bolder day by day. So we have to look down to The Information Technology Act, 2000 so as where we can end up doing crime.
Section 66A under The Information Technology Act, 2000.
Punishment for sending offensive messages through communication service, etc. -Any person who sends, by means of a computer resource or a communication device,- (a) any information that is grossly offensive or has menacing character; or
(b) any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will, persistently by making use of such computer resource or a communication device; or
(c) any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages, shall be punishable with imprisonment for a term which may extend to three years and with fine.
Explanation. -For the purpose of this section, terms “electronic mail” and “electronic mail message” means a message or information created or transmitted or received on a computer, computer system, computer resource or communication device including attachments in text, image, audio, video and any other electronic record, which may be transmitted with the
In accordance to the above we should avoid sending offensive messages in form of image, Video or Text to any recipients. And as in section 153 here also we can use this section against the anti-Islamic forces which indulge in such messages and mislead people about Islam and Muslims.
Summarized points for Legal Aid and Awareness in Dawah Activities
1. Get your Dawah centre Registered.
2. Make your Dawah Centre a Legal Aid centre.
3. Make the Daees paralegal volunteers.
4. Appoint Advocates in your area for the Community
5. Have training sessions for Law learning.
6. Paralegal Volunteer who has Passion, Knowledge, Profitless and Remember to “Time Pe Time Dena” for victims.
7. Get Knowledge before helping or provide the person of knowledge.
8. Get Permissions for the Dawah campaigns.
9. Do not use proper names of “mabude baatila” instead use common terms /names in public lectures and Phamlets or books that are distributed in public by the Duaths.
10. Record your lecture if giving in public so that no one can edit it and make case against you and your centre.
11. Use only know volunteers in the Dawah campaigns.
12. Avoid Dawah campaigns at the time of festivals of other religious beliefs.
13. Avoid hate speeches and instigating against other religions.
14. File complaints under section 153 A if any hate speech is given by any anti-Islamic forces.
15. Avoid sending offensive messages in form of image, Video or Text to any recipients.
The above points are what Daees and Dawah centres have to consider while doing Dawah in public. We appeal to all those Who are interested in becoming paralegal volunteer kindly email your Name,Profession,Address,Contact Details on firstname.lastname@example.org