Azam wants to uplift the status of minorities

Unani treatment should be with unani methods-Prof. Rais

Youth should maintain peace and work for the development of the country-Lt. Mehta

Sir Syed brought the Muslims into the national mainstream-Mahesh Bhatt

Sir Syed Ahmad Khan was not only a great educationalist which India produced that he was a bridge between modern education of the west and the culture of the east. That was the down to earth comment made by noted film director Mahesh Bhatt while addressing the Sir Syed Day Celebrations held by the Aligarh Muslim University Alumni, Muscat, Sultanate of Oman. He pointed out that it was Sir Syed who brought the Muslim Society into the national mainstream of that era and initiated Communal harmony by opening the doors of the M.A.O College which he had founded. Bhatt expressed hope that old boys of AMU will render greater service to the nation they are in.
Congress Spokesperson Rashid Alvi pointed out that Sir Syed had launched Aligarh Movement with specific purpose to empower the Muslims not only educationally but also socially and politically and that resulted in transforming whole India sub-continent.
Jasim Mohammad, Editor of the Aligarh Movement while parenting brief overview of the AMU and the Aligarh Movement urged the Alumni of AMU to pay attention towards shortage of the Hostels in AMU. Jasim said that hostel life plays a vital role in the life of the students and we all have its experience.
Prof. Razaullah Khan, former Chairman of the Civil Engineering Department, AMU called upon the old boys of AMU to external their resources and attention to words re-building their Alma-Mater, so that it may fulfill needs of the present times.
Erlier Activist Pushkin Agha while delivering introductory speech had called upon all the present dignitaries to spread the message of Sir Syed. AMU Old boy Mr. Arif presented a brief history of the Aligarh Movement during his welcome speech. The programme was conducted by Social Activist Ms. Kakul Agha and Businessman Haroon Sartaj Khan gave vote of thanks.
Large number of local residents and all the member of the Association were present.

Sir Syed includes morals with education- Dr. Javed Jamil

Muslim Education Movement at Aligarh

Muslim Reservation Movement at Aligarh

Muslims Vote

Muslims Vote

Muslims in UP Govt. of Mayawati

Muslims in UP Govt. of Mayawati

Sir Syed Ahmad Khan in favor of Old Boys Association AMU

Sir Syed Ahmad Khan in favor of Old Boys Association AMU

Why Aligarh Muslim University established in Aligarh?

Why Aligarh Muslim University established in Aligarh?

Eid-ul-Azha

Introduction to Bakra Eid: Almighty Allah says in the Holy Quran, Chapter 22 Verse 34 : "And to every nation we have appointed acts of devotion (sacrifice) that they may mention the name of Allah on what He has given them of the cattle quadrupeds; and your God is one God, therefore to Him should you submit, and give good news to the humble whose hearts tremble when Allah is mentioned, and those who are patient under that which afflicts them".

The act of sacrificing an animal is regarded as affecting the heart, as it is connected with righteousness, with submission to Allah, with humbleness of the heart, and patience under sufferings. So when one slaughters with the proper accompanying Intention and not for the sole purpose of eating the flesh on this occasion, one is again complying with the laws in the Holy Quran and completes yet another of the pillars of Islam. The animal sacrificed is symbolic of the animal in man (man's nature). So, when he slaughters, he is reminded of the necessity to eliminate that "animal nature" which he has within him. It actually signifies the sacrifice of the sacrificer himself, and becomes the outward symbol of his readiness to lay down his life in the cause of the Supreme Creator of the universe.

This sacrifice by the Muslims throughout the world on this particular occasion, is intended to let Muslim hearts beat in unison with the hundreds of thousands who have gone on Pilgrimage to makka (which is also a pillar of Islam and is compulsory on Muslims who can afford going there). They re-enact, as it were, the beautiful incident of old, where Almighty Allah had commanded Prophet Abraham (peace be upon him) to sacrifice his then only son. On finding him obedient and prepared to act on His command, Allah submitted a ram for him to slaughter instead of his beloved son.

Our Holy Prophet Muhammad (peace and blessings of Allah be upon him) confirmed this act, and always covered his head with respect during sacrifice. He would lay the animal down and gently stroke it, then, placing his foot on the body and uttering the words "In the name of Allah, Allah is Great. O Allah! This is a sacrifice from You and is for You" he would speedily severe its throat, allowing the blood to flow readily with the least possible pain to the animal.

The sacrifice is done after the I'd prayer is over . The chosen animal must be free from any apparent physical defect and must be fully grown and healthy. In the case of a goat or sheep, one suffices, but if it a camel or cow, seven may be partners thereto.

Because many poor and beggars in the community cannot afford to sacrifice, this occasion allows for charity, and when the sacrifice is over the meat is divided as is necessary (one third minimum be allotted for distribution to the poor), the meat is delivered to the homes of the poor so that they too can enjoy and participate on this day of festival.

As Islam does not permit wastage, whatever is left over of the meat may be dried, cured or prepared, so long as it is consumed and not wasted. The skin also must be disposed of and the funds used for charity.

Almighty Allah says in the Holy Quran, Chapter 22 Verse 37: "Nor their flesh, nor their blood, reaches Allah, but to Him is acceptable observance of duty on your part".

Qurbani : Some Important Masaails:

• Why should one make Qurbani ?

According to Tirmizi Shareef and Sunan Ibn Majah, Sayyidah Ayesha (radi Allahu anha) stated that Sayyiduna Rasoolullah (sallal laahu alaihi wasallam) said, "The son of Adam does not do any action on the day of Qurbani which is more pleasing to Allah than the sacrifice of animals; and he will come on the day of Qiyamah with it's hairs, horns and hooves (for reward); and the blood (of the sacrificed animal) certainly reaches Allah before it falls down to the ground. So make yourselves purified therewith."

In another Hadith related in Sunan Ibn Majah, Zaid bin Arqam reported that the companions of Sayyiduna Rasoolullah (sallal laahu alaihi wasallam) asked, "Oh! Messenger of Allah, what is this sacrifice?" He said, "The way of your forefather (Prophet) Ibrahim (alaihis salaam)." They said, "What is for us therein, O! Messenger of Allah?" He said, "There is one reward for every hair." They said, "For wool, O! Messenger of Allah?" He said, "There is one reward for every strand of wool!"

• When must Qurbani be made ?

1. Qurbani or Sacrifice is carried out from the 10th of Zil- Hijjah (i.e. from the day of Eid-ul-Adha) after the completion of the Eid Salaah and Khutba, till sunset on the 12th of Zil- Hijjah. The times of preference for Qurbani are the first day, i.e. the 10th of Zil-Hijjah from the completion of the Eid Salaah, followed by the second day and lastly the third day.

2. If for some reason, animals purchased for Qurbani are not slaughtered in the time and duration of the Qurbani period, i.e. 10th, 11th & 12th of Zil-Hijjah, then such animals must be donated alive to charity.

• Who should make Qurbani ?

1. It is Waajib for every Muslim male and Muslim female who:-

(a) has attained puberty (Baaligh)

(b) is of sound mind (not insane)

(c) possesses Nisaab for that moment in time, not necessarily for one Islamic calendar year (Nisaab is the value of excess wealth which makes a Muslim liable for Zakaah i.e. The possession of, or equivalent capital value of seven and half tolas gold (+ -3 ounces) or fifty two tolas of silver (+ - 20 ounces)

(d) To make sacrifice in the Name of Allah

2. It is Waajib according to Imam-e-Azam Abu Hanifa (radi Allahu anhu) and Sunnat-e-Mu'akidda according to other Imams for Muslims to make Qurbani.

3. It is Waajib only for each Muslim male and female to make Qurbani for himself or herself; and not Waajib for him or her to make Qurbani for any other member of his or her family. It is only his or her duty to guide or instruct them to make Qurbani if they meet with the conditions of item in 1. above.

4. In the same manner as Sadaqat-ul-Fitr, Qurbani is a Waajib obligation for Muslims every year on the occasion of Eid-ul-Adha. It is not a once in a life-time duty.

5. It is permissible to make Qurbani in the name of Rasoolullah (sallal laahu alaihi wasallam) and his Ummah or any other deceased Muslim as a Nafil Qurbani on condition that the person making the Nafil Qurbani has discharged his obligation in his own Waajib Qurbani first.

6. It is not Waajib or necessary for the following people to make Qurbani:-

(a) one who has not attained puberty (not Baaligh) even if he or she possesses Nisaab.

(b) A traveller (who is not yet Muqeem).

(c) One who does not possess Nisaab during that specific period in time.

(d) On who may be in possession of Nisaab bit has turned insane.

7. Any Muslim male or female who is not liable for Qurbani but purchases an animal for Qurbani for the sake of Almighty Allah, then the Qurbani becomes Waajib for him.

8. Qurbani cannot be undertaken on behalf of another person upon who Qurbani is Waajib, without his or her prior consent.

• What animals must be used for Qurbani?

1. Only the following animals may be sacrificed for Qurbani:-

(a) Goat and Sheep with a minimum of 1 year each.

(b) Cattle with a minimum of 2 years.

(c) Camels with a minimum of 5 years.

2. Each goat or sheep suffices for Qurbani for one Muslim male or female; whereas each head of cattle or camel could represent the Qurbani for seven Muslim males and females, provided that:-

(a) All seven participants have uniformity in Niyyah (i.e. either Qurbani or Aqeeqah).

(b) All seven have an equal share, nobody is to have a larger portion than another even at the time of the distribution of the meat.

3. It is permissible for less than seven people to have shares in a camel or a head of cattle for Qurbani; but not permissible for more than 7 people to do so.

• What type of defective animals are to be avoided?

The animals for Qurbani in the Name of Almighty Allah shall be in prime condition of health and free from defects. The following defects in animals disqualifies them from being used for Qurbani:-

1. Animals without ears or more than one third of the ear is defective, partially blind (one third or more), or totally blind animals; animals with horns broken from the root; animals that have most or all their teeth missing; animals which have limbs broken or used three legs to walk; animals with a third or more or their tail cut off.

2. Sick and emaciated animals that lack the ability to move or walk.

Who should make Zabah or Salughter and what is to be Recited?

1. Owners of Qurbani animals, whether male or female, who have the knowledge of making Zabah should slaughter their own animals.

2. If other persons are appointed to slaughter on their behalf, then it is better for the owners of the Qurbani animals to be present at the place and time of slaughter.

3. Before slaughtering, the prescribed Dua should be recited: "Inni wajjahtu wajhiya lillazi fataras samawaati wal arda hanifaw wa maaa ana minal mushrikeen. Inna salaati wanusuki wa mahyaya wamamati lillahi rabbil a'lameen. La sharika lahu wabizaalika umirtu wa ana minal muslimeen. Allahumma minka walak."

4. The person should then slaughter the animal reading: "Bismillahi Allahu Akbar."

5. This Dua must also be read: "Allahumma takabalhu minni kama takabalta min habeebika Muhammadiw wa Khaleelika Ibraheema alayhimas salaatu was salaamu."

Some Important Requirements about Zabah:

1. The knife for Zabah has to be sharpened to the optimum, and the slaughter should be carried out quickly and effectively to minimise the suffering sustained by the animal.

2. The throat of the Qurbani animal should be cut in a manner to ensure that the gullet, the wind pipe and the two external jugular veins are severed.It is Makrooh to severe the entire neck including the vertebrae. At least 3 of the four vessels mentioned above ought to be severed to meet Shari'ah requirements of proper Zabah.

3. Every effort should be made to ensure that animals are not slaughtered in the presence of other live animals.

4. In the process of slaughtering, the knife should be concealed till the moment of slaughter and the animal should be placed such that it allows the person slaughtering the animal to face Qibla, as this is Mustahab.

5. The skinning of the slaughtered animal and dismembering of body parts should not commence until the animal's carcase has turned cold.

6. If after slaughtering an animal it is discovered that the animal was pregnant and a live foetus appears in the belly, then it is necessary to slaughter that foetus.

Distribution of Qurbani Meat to Non Muslims:

Distribution of Qurbani meat or any other charity (sadqa) to "Harbi Kafir" is not permissable at all. It is mentioned in Durr-e-Mukhtar: "Even though a Harbi Kafir is peace-wanting, charity is unanimously not permissable." In Behr-ur-Raiq: "According to Shar'ah, giving something to a Harbi Kafir is not permissable, for no Sawaab can be gained through this."

Important Advice for Muslims:

Many people make Qurbani on behalf of their parents, grandparents, Prophets and Saints, and not on their behalf. By doing so, they are neglecting their Waajib and thus become sinners through this action. Every Muslim must first make Qurbani on their behalf first so that their Waajib is fulfilled. Only after the Waajib is completed and if one is able to do so, can Qurbani be made on behalf of others.

It is preferable to make Qurbani on behalf of Prophet Muhammad (sallal laahu alaihi wasallam) as it is virtuous and beneficial and has his blessings. Our Prophet Muhammad (sallal laahu alaihi wasallam) made Qurbani on behalf of all the poor people of his Ummah. This shows the love that he possessed for his Ummah. Therefore, every Muslim who is capable of making Qurbani on behalf of others should make Qurbani on behalf of our Holy Prophet Muhammad (sallal laahu alaihi wasallam).

Islamic Method of Slaughtering:

Those who are ignorant about the proper Islamic method that is carried out in the slaughtering of animals do not hesitate in criticising Muslims and in regarding this Islamic method of slaughter as primitive, barbaric and a cruelty to animals.

The aim of presenting this article is to inform the public that the Islamic method of slaughtering an animal is most humane, painless and better than the current methods of mechanical and electrical stunning of animals that are normally done in abattoirs.

In order for large meat industries and commercial establishments to provide a much higher production, they all favour the method of mechanical and electrical stunning. They regard all other methods of slaughter as cruel and even manage to get the support of Animal Rights groups to oppose the Islamic method of slaughter.

In the Islamic method of slaughtering an animal, the animal is slaughtered by a sharp object which is capable of making it bleed by severing blood vessels. The slaughtering is to be done by cutting the throat of the animal or by piercing the hollow of the throat, causing its death. The best way is to cut the windpipe, the gullet, and the two jugular veins.

The wisdom of the Islamic rules of slaughtering is to take the animal's life in the quickest and least painful way; the requirements of using a sharp instrument and of cutting the throat relate to this end. No additional stunner is necessary. This method also allows for the most rapid and efficient bleeding of the animal. When the sharp knife enters the tissues of the neck, its cuts open four big blood vessels in the region. So much blood is lost so quickly that the animal becomes unconscious and feels no pain.

When the animal convulses, one gets the impression that it is undergoing pain and suffering. However, this is not the case. In the Islamic manner of slaughtering, the spinal cord is not severed since the nervous connection between the brain and the body is maintained so that all the blood is squeezed out of the body. When convulsion takes place, the wringing actions of the muscles of the body on the blood vessels help to get rid of the maximum amount of blood from the meat tissue. In fact, the occurrence of convulsions confirm that the animal is unconscious. Thus, the animal also does not experience any pain.

In view of the above considerations, attempts to discredit the Islamic method of slaughter are ill-conceived. Based on scientific evidence, it should not be too difficult for individuals and groups to give up their attempts to interfere with religious beliefs and religious laws in general. The Islamic method of slaughter has stood the test of time and of scientific enquiry and remains by far the best, the most efficient and the safest.

Courtesy: www.aulia-e-hind.com

Ramadan in History

Ramadan in History

All praises to Allah, Lord of the worlds. He who revealed in His Glorious Qur'an, "0 you who believe, fasting is prescribed for you as it was prescribed for those who came before you that you may keep your duty to your Lord (having Taqwa)," (2: 185). And may blessings and peace of Allah be upon His last Messenger Muhammad ibn Abdullah, forever. 

O you who believe, Ramadan is a sacred month where in Almighty Allah is constantly testing His creation and giving humanity the opportunity to achieve infinite, endless Bliss. Fasting is a complete purification and a means to developing the consciousness of Allah's presence. The consciousness of Allah (Taqwa) is a protection against the schemes of Shaitan, and the suffering of this world. Allah has informed us that, "Whoever keeps his duty to Allah (has taqwa), He ordains a way out for him and gives him sustenance from where he imagines not. 

And whoever trusts in Allah, He is sufficient for him. Surely Allah attains His purpose. Allah has appointed a measure for everything." (65:2) 

Many Muslims today have a misconception about fasting and the activities of a fasting person. They go into a state of semi-hibernation, spending most of their daylight hours in bed. If they fear Allah, they wake up for prayer, but then return to sleep immediately. This unnatural sleep makes them become lazy, dull-witted and often cranky. 

Ramadan is actually a time of increased activity wherein the believer, now lightened of the burdens of constant eating and drinking, should be more willing to strive and struggle for Allah. The Prophet, sallallahu "alaihi wa sallam, passed through approximately nine Ramadans after the Hijrah. They were filled with decisive events and left us a shining example of sacrifice and submission to Allah. 

In the first year after the Hijrah, the Prophet, sallallahu "alaihi wa sallam, sent Hamza ibn Abdul Muttalib with thirty Muslim riders to Saif al Bahr to investigate three hundred riders from Quraish who had camped suspiciously in that area. The Muslims were about to engage the disbelievers, but they were separated by Majdy ibn Umar al-Juhany. The Hypocrites of Madinah, hoping to oppose the unity of the Muslims, built their own masjid (called Masjid ad-Dirar). The Prophet, sallallahu alaihi wa sallam, ordered this Masjid to be destroyed in Ramadan. 

In 6 AH., laid ibn Haritha was sent to Wadi al-Qura at the head of a detachment to confront Fatimah bint Rabiah, the queen of that area. Fatimah had previously attacked a caravan led by Zaid and had succeeded in plundering its wealth. She was known to be the most protected woman in Arabia, as she hung fifty swords of her close relatives in her home. Fatimah was equally renowned for showing open hostility to Islam. She was killed in a battle against these Muslims in the month of Ramadan, 

By Ramadan of 8 AH., the treaty of Hudaibiyya had been broken and the Muslim armies had engaged the Byzantines in the North. Muhammad, sallallahu 'alaihi wa sallam, felt the need to strike a fatal blow to disbelief in the Arabian Peninsula and conquer the city of Mecca. Allah has declared His Sanctuary a place of peace, security and religious sanctity. Now the time had come to purify the Ka'bah of nakedness and abomination. 

The Prophet, sallallahu "alaihi wa sallam set out with an army having more armed men than al-Madinah had ever seen before. People were swelling the army's ranks as it moved toward Makkah. The determination of the believers, guided by the Will of Allah, became so awesome that the city of Makkah was conquered without a battle, on 20 Ramadan. This was one of the most important dates in Islamic history for after it, Islam was firmly entrenched in the Arabian Peninsula. During the same month and year, after smashing the idols of Makkah, detachments were sent to the other major centers of polytheism and al-Lat, Manat and Suwa, some of the greatest idols of Arabia, were destroyed. 

Such was the month of Ramadan in the time of the Prophet, sallallahu "aiaihi wa sallam. It was a time of purification, enjoining the good, forbidding the evil, and striving hard with one's life and wealth. After the death of the Prophet, sallallahu 'alaihi wa sallam, Muslims carried on this tradition and Allah used the true believers to affect the course of history. Ramadan continued to be a time of great trials and crucial events. 

Ninety-two years after the Hijrah, Islam had spread across North Africa, Iran, Afghanistan, Yemen and Syria. Spain was under the tyrannical rule of King Roderic of the Visigoths. Roderic had forced his six millions serfs and persecuted Jews to seek the aid of the Muslims of North Africa in order to be delivered. Musa ibn Husair, the Umayyad governor of North Africa, responded by sending his courageous general Tariq ibn liyad at the head of 12,000 Berber and Arab troops. 

In Ramadan of that year, they were confronted with a combined Visigoth army of 90,000 Christians led by Roderic himself, who was seated on a throne of ivory, silver, and precious gems and drawn by white mules. After burning his boats, Tariq preached to the Muslims warning them that victory and Paradise lay ahead of them and defeat and the sea lay to the rear. They burst forth with great enthusiasm and Allah manifested a clear victory over the forces of disbelief. Not only was Roderic killed and his forces completely annihilated, but also Tariq and Musa succeeded in liberating the whole of Spain, Sicily and parts of France. This was the beginning of the Golden Age of AI- Andalus where Muslims ruled for over 700 years. adan that enabled our righteous forefathers to face seemingly impossible challenges. It was a time of intense activity, spending the day in the saddle and the night in prayer while calling upon Allah for His mercy and forgiveness. 

Today, the Muslim world is faced with drought, military aggression, widespread corruption and tempting materialism. Surely we are in need of believers who can walk in the footsteps of our beloved Prophet, sallallahu 'alaihi wa sallam, the illustrious Sahabah, Tariq ibn Ziyad, Qutuz, Salahuddin and the countless heroes of Islam. Surely we are in need of believers who are unafraid of the threats of the disbelievers, yet kind and humble to the believing people; Muslims whose fast is complete and not just a source of hunger and thirst. 

May Allah raise up a generation of Muslims who can carry Islam to all corners of the globe in a manner that befits our age, and may He give us the strength and the success to lay the proper foundations for them. May Allah make us of those who carry out our Islam during Ramadan and after it, and may He not make us of those who say what they do not do. Surely Allah and His Angels invoke blessings and peace upon our Prophet Muhammad. 0 you who believe, send blessings and peace to him forever. 

Idleness

Oniomania is a disease: Tips to Consumer- Dr. Azmi

JUDICIALLY DERIVED RIGHTS AS FUNDAMENTAL RIGHTS

JUDICIALLY DERIVED RIGHTS AS FUNDAMENTAL RIGHTS

A lecture delivered by former chief justice Hon’ble Mr. A. M. Ahmadi on September 14,2003 at India International centre, New Delhi.

I must at the outset express my deep sense of gratitude to the Institute of Objective Studies for undertaking this program of talks on different aspects of the Constitution of India, the laws which touch us day in and day out and about which a comprehensive understanding is a prime necessity. Every constitution has a historic background. There is no constitution of any country, which is framed in a total vacuum. The Constitution of India was also framed in a historic background. We had the experience of the French Revolution, the American War of Independence and the declarations that followed thereafter. We also had the experience of the Russian Revolution. Besides, we had experienced the working of the Government of India Act, 1935. We also had the additional benefit of the Universal Declaration of Human Rights which came about the time when our constitution-makers were engaged in a serious debate in regard to the framing of the Constitution. We must also bear in mind that India had some experience, though little, of the working of a democratic system after the 1935 Act was put in place.

It is in this historic background that our constitution-makers were engaged in the process of framing a constitution for free India. You can see the traces of this experience, the historical background and the experience that the constitution-makers had, writ large on the constitution. The four pillars on which the edifice of the Constitution of India stands are justice, liberty, equality and fraternity; the French Revolution is reflective of these basic values. The traces of the American Declaration of Independence can be seen as you proceed further when you go to Part III of the Constitution that provides the fundamental rights. If you divide them, a little discerning eye on the fundamental rights would show that articles from beginning up to 21 are articles governing the individuals and onwards from 22 to the end are articles which give collective rights to the citizens of this country. When I view these articles and particularly the Fundamental Rights up to 21, I see the generosity, the magnanimity, the broad mindedness of the constitution-makers in two articles - articles 14 and 21 of the Constitution; whereas the other articles talk specifically about the rights of the citizens of free India. Articles 14 and 21 begin with the words "no person" they are, therefore, not confined to citizens of this country; even foreigners are entitled to those rights. That is why I say that the constitution-makers had a very broad perspective before them.

Since today's talk is confined more or less to article 21, having given a broad perspective, I will come now to what went into the framing of this article; how it changed complexion from time to time due to the discussion in the Constituent Assembly; how ultimately it came to be framed as it is in bold print in the Constitution; and how it appears in actual implementation.

These are the facts which perhaps I will be dealing with but, as I said, the Constitution was not prepared in a vacuum and, therefore, when we try to understand it, we must not lose sight of the backdrop in wahich it came to be framed. Article 14 says no person shall be denied equality, no discrimination shall be allowed on the grounds of community, religion, sex etc. The context of equality in the Preamble, which is the soul of the Constitution, when translated into article 14, we mark the breadth of the concept of equality which also came from the Russian backdrop. And then we come by the element of fraternity which reflects the French Revolution and talks of national integrity etc.

Article 21 has an interesting background. The first draft for that article was prepared by Kanhaiya Lai Munshi who had clubbed life and liberty with property. In the concept of liberty the emphasis was placed on the American Constitution- the American concept of the ownership of property. These two, life and liberty as well as property, were for that reason put together. There was a serious debate whether, in the context of the Indian scenario, it would be right to put both these together. After the debate Kanhaiya Lai Munshi himself broke it up into two parts: right to life and liberty on one side and property rights on the other. Then followed an interesting debate whether article 21 should contain 'the due process' clause of the American Constitution. Kanhaiya Lai Munshi had added this phrase 'the due process'. There was a very serious debate on this. The Constituent Assembly was virtually divided on this issue. There were strong views on either side. In this regard, Dr. Ambedkar, who had been processing various articles of the draft Constitution in the Constituent Assembly, made a very interesting observation and I quote him:

The question of 'due process' raises in my judgment question of the relationship between the legislature and the judiciary. In a federal constitution it is always open to the judiciary to decide whether any particular law passed by the legislature is ultra vires or intra vires in reference to the powers of legislation which are granted by the constitution to the particular legislature. If the law made by a particular legislature exceeds the power given to it by the constitution, such law would be ultra vires and invalid. The due process clause, in my judgement, would give the judiciary power to question the law made by the legislature (on other principles) relating to the rights of the individuals. In other words, the judiciary would be in doubt about the authority to question the law not merely on the ground whether it was in access of the authority of the legislature but also on the ground whether the law was a good law, apart from the question of the power of the legislature making the law.

Dr. Ambedkar was, therefore, not prepared to say, at that point of time, that the judiciary should have the power of judicial review uninhibited. He said the judiciary can strike down a law if it is beyond the competence of legislature meaning thereby, in the present context of the Constitution if a state enacts a law which is under List I of the Seventh Schedule to the Constitution, falling within the scope of Parliament, that law would be declared as invalid by the judiciary. But there was a question whether the judiciary should be allowed to go a step further and say that this law is ultra vires. He was in two minds at that point of time and this becomes clear if I quote a further statement made by him in the Constituent Assembly. And he said: 

We are, therefore, placed in two difficult positions. One is to give the judiciary the authority to sit in judgement over the will of the legislature and to question the law made by the legislature on the ground that it is not a good law in consonance with fundamental principles. Is that a desirable principle? The second position is that the legislature ought to be trusted not to make bad laws. It is very difficult to come to any definite conclusion. There are dangers on both sides for my self. I cannot altogether omit the possibility of a legislature backed by party men making laws, which may abrogate, violate, what we regard as certain fundamental principles affecting the life and liberty of an individual. At the same time I do not see how five or six gentlemen, [I would add on my part also not only men but ladies] sitting in the Federal or Supreme Court examining laws made by the legislature and by dint of their own individual consciousness for their bias or their prejudices, be trusted to determine which law is good and which law is bad. It is rather a case where one has to see between two situations, as I mentioned. And I therefore would not say anything. I would leave it to the House to decide one way or the other.

This is what Dr. Ambedkar said at that point of time. The House was most vertically divided. Dr. Ambedkar said that he was not in a position to make up his mind. Thus the debate turned into an exhilarating intellectual exercise. Even today it gives me pleasure to read that debate. How then was this solved? Two situations developed. One was the draft prepared by Kanhaiya Lai Munshi which carried the phrase 'due process of law'. This, as we understand the;.context of the American Constitution, would have given the judiciary fairly wide powers of judicial review to strike down laws, not only because they were not consistent with the fundamental rights conferred on the people. This stalemate situation had to be resolved.

Dr. B. N. Rao, therefore, went to the United States to study the impact of the phrase 'the due process of law'. In the course of his interaction with various jurists and judges in the United States, he had a discussion with a very leading and eminent jurist-cum-judge, Justice Frankfurt. Justice Frankfurt advised him against 'the due process' clause on the ground that it would flood your courts with litigation. That was the experience in the United States. B. N. Rao came back and had interaction with Dr. Ambedkar and his other colleagues and ultimately the words 'due process' came to be substituted by the words that you find today in article 21 of the Constitution, namely, 'in accordance with procedure established by law'. Very many questions shot up soon thereafter because article 21, as it is on the statute book in the Constitution today, reads that "no person shall be deprived of his life or liberty except in accordance with the procedure established by law".

We have thus seen the background of article 21. Now we have to consider what is the complexion of article 21 as it stands and as it is understood today in judicial parlance and in legal practice. The existing version takes the flavor of 'except in accordance with procedure established by law'; but, does it take the flavor of 'due process' also? A strong case was being made out time and again that words 'except in accordance with procedure established by law' would give the government the power to enact a procedure and thereafter take away the liberty and life of the individual. Is that what a civilized society would like to tolerate? Up to a certain point of time the Supreme Court also went by the letter of the law, and once there was a procedure established by law that was considered to be sufficient. This had, to a certain extent, the flavor of the English jurisprudence the English legal system, namely the Parliament, that can enact a law no matter whether it falls within the scope of List I or List III of the Constitution and that is the end of the matter.

Parliament is supreme in England; it used to be said that Parliament can make a women a man and a man a woman; [but] parliamentarians have shown the wisdom not to do that. Often the question arises, whether you can trust every one, every parliamentarian or every Parliament which has sometimes a brute majority, to act in such a responsible manner. That would be taking an off chance and so there came situations, which developed from 1950 onwards almost to 1970's, which stirred the conscience of the judiciary, and in India in particular, the conscience of the Supreme Court of India and, therefore, the first step that began was to say that the procedure which is conceived of under article 21 cannot be an arbitrary procedure. That was the first in road which was made through the process of interpretation. Thus, through the process of  interpretation it was established that the procedure has to be fair and reasonable and not arbitrary; and that was on the premise that anything that is arbitrary violates the equality clause of article 14 of the Constitution. So you read equality clause in article 21 because these two articles, as I say, stand out as conferring power, conferring rights, on every individual, no matter whether he is a citizen of India or he is not a citizen of India. So, reading article 14 in article 21, the judiciary says that the procedure established by law must be fair and reasonable, meaning thereby rational and not wholly arbitrary.

This was the first journey in the direction of article 21..... If the process is found to be arbitrary the court would strike it down. And that is where we entered into the first phase of broadening the horizon of article 21. But then the question arose could you tolerate a law which takes away or abrogates the fundamental rights? So, to what pedestal do you put the fundamental rights and to what pedestal you put the Parliament or the legislature to enact a law within the compass of their respective jurisdictions? Now supposing a law is framed by Parliament within its law making authority, can the court interfere with that law? The old concept the strict interpretation of this concept was known. That's that, but then it reduces the fundamental rights to a secondary position and judges were not prepared to allow the citizenry to be placed in a situation where even a law which offends or violates a fundamental right has to be tolerated. Therefore, slowly and gradually judicial minds and judicial conscience began to seriously debate this issue. Now the American Constitution having used the expression of due process, as you all know right from Chief Justice Marshal's time down the line, a struggle arose, and some times a very bitter struggle as during President Jefferson's time and Roosevelt's time a very bitter struggle between the judiciary on the one hand and the executive and the legislature on the other. Even before Chief Justice Marshal's decision in Melbourne Paddington case, there was thinking that the judicial power cannot be canceled and capsuled but there were, as I say, historical factors and in those days we had the Magna Carta.

The working of the parliamentary system and democracy in England and new democracies was, therefore, a little slow in moving in a direction other than what was then prevalent at that point of time, I am glad that with the passage of time, and particularly after the 1970's, the Supreme Court of India did not get bogged down by the baggage it was carrying of the past We all know that a constitution is not a temporary document. It is by and large a document, which serves the people for centuries to come. The American Constitution has only a few very precise short sentences conferring rights. Ours is a very elaborate document At one point of time it was considered the longest constitution of the world until Yugoslavia showed the temerity of exceeding the length of our Constitution. But it is not the length of the Constitution that matters. What really matters is the quality of rights conferred by the Constitution on its citizenry and even non-citizens as I said, and that is of great importance.

As society develops, the law must develop. Law cannot live in the past. It has to live in the present and also look to the future. That is why I always believe that the passage of law, the development of law is 'status quo, change, status quo, change' and so on and so forth. Because there are no frog leaps which one can take in the evolution of the constitutional law in particular, and even other laws, because that is likely to create ripples in the society, disturbance in the society, which the society could not endure and as a result there may be avoidable turmoil and difficulties. Therefore, it is always that law is at certain times static then changes, then that change becomes static and then further change and so forth. In, as you all know Keshvananda-bharti's case, the Supreme Court took an extremely bold step. Of course there are several judgments, running into a few hundred pages, of Keshvanandabbartis case and I do not know if every one in the legal field had been able to read through and digest those judgments. But the crux is that the Supreme Court said that the power to amend the Constitution conferred by article 368 is also limited in the sense that you cannot interfere with the basic feature of the Constitution. And in Bommai case the Honorable Supreme Court, with one voice, said that the secularism is one of the basic features of the Constitution.

But coming back to article 21, now look to what is known as a kashmakash over even broader procedure meaning reasonable procedure established by law or due process. Due process had conferred on the judiciary inherent power of judicial review and power to strike down laws which are not consistent with the fundamental rights enshrined in the Constitution. There came a time when judiciary, despite the historical background of a conscious decision taken by the Constituent Assembly not to include the due process clause through an interpretative process, took a course in favor of it, and I am not going to package it differently. I'll be quite clear on this. The judiciary through the process of interpretation introduced the due process clause and it is fairly clear now that the due process clause has virtually found its place in article 21 through the interpretative process adopted by the Supreme Court and other courts of the country. The high courts also are following those judgments. So today I have no doubt in my mind that article 21, when it uses the words "except in accordance with procedure established by law", means the due process clause. Let's not beat about the bush. Certainly the Constituent Assembly after a debate avoided using the due process clause in article 21. Times have changed. Citizens' rights had to be safe-guarded because that was one of the essential elements of the functioning of the judiciary of the country to protect and safeguard fundamental rights of the citizens otherwise what happened during Emergency can happen again.

Fundamental rights will be subjected to being frozen up to a certain point of time or whatever the extent of time; the executive wants it to be frozen. That is the reason why this consciousness of the judiciary was not prepared to allow that to happen to its citizens, to deny them the fundamental rights. So fundamental rights ultimately received the prima facie importance which they really deserved and the interpretation of article 21 was expanded and the court as the guardian of the Constitution and the fundamental rights of citizens considered it its solemn duty not to allow the dilution of the fundamental rights; not to allow the abrogation of the fundamental rights; not to subject the citizens to a situation where they would have no remedy if their fundamental rights were in any manner subjected to restrictions beyond those which are permitted by the Constitution itself. In various spheres, therefore, the courts intervened from time to time.

The other day when I was delivering a memorial lecture in Hyderabad on a very interesting subject the Interplay of Relation Between the Bar and the Bench and the Media', I mentioned that even though the Constitution makers had before them the Constitution of the United States, which said that the Congress shall enact no law which abrogates the freedom of speech and expression and the freedom of the press. In cur Constitution, article 19(1) (a), while it talks of the freedom of speech and expression, it does not elongate it to the freedom of the press or the media, because it is much wider with electronic media coming into the field and playing a very pronounced role. While speaking on that occasion I had mentioned that it was the Supreme Court of India, which gave the press what it enjoys today. By an interpretative process, it extended it to the freedom of the press and the media also. And time and again the Supreme Court intervened when the press was sought to be controlled, by taking away advertisements or by restricting the availability of paper etc. etc., saying that these are matters where reasonable restrictions can be placed, but the Supreme Court said no. So time and again the Supreme Court has intervened in various spheres and when it comes to the question of right to life and liberty it has perhaps played a very significant role to ensure that the rights and liberty of individuals are in no way jeopardized.

Now I move a little to the directive principles. If you see the directive principles you find, by and large, that they were intended to be the road signs in which the state would move and the development would take place. These road signs had some distances to cross and the terrain, which it had to cross, was a difficult one right to education for example. Because of constraints of finance the requirement of tree and compulsory education to the age of 14, for which 10 year time was fixed, did not take place till the Supreme Court intervened. And because of article 37 of the Constitution which says that the directive principles are not justifiable by a court of law, the Supreme Court had to find ways and means to ensure that these developments took place and to ensure that the executive and the legislature woke up from slumber.

How does it do it? It is a judicial discipline, and within the judicial discipline, if you can enforce that which our Constitution-makers had thought appropriate to enforce within a certain period of time. I think the court should not hesitate. And it did not hesitate. In the matter of education it read the principle into fundamental right under article 21. How does it do it? And that is where the question arises when one talks of the right to life. I put liberty a little away for the time being. Right to life and this is where the interesting question that arises: what do you mean by the word life? Does it mean mere vegetable existence till you breathe your right to life is safeguarded, or does it mean more than that? And this is where once again the judicial minds began to think that if life is restricted to mere vegetable existence, mere breathing, then this article has no meaning because then it only operates where somebody is sent to the gallows. And that they can do in accordance with due process, in accordance with procedure establish by law. So came a stage when the court began to think what is the dimension of the expression 'life'. One thing was very clear, it did not mean mere vegetable existence. So came the question: what are the inputs in deciding that this falls within the concept of 'life'? And those inputs came in gradually. The court said that life does not mean mere vegetable existence; it said it means all that which goes into the quality and enjoyment of life. Therefore, the emphasis shifted to quality of life. And it is in the context of that emphasis that the courts interpret, time and again, life to mean various things, various inputs which make living worth and not merely vegetable existence.

So, education was considered an essential element of intellectual development which is a part of life. Because life without intellectual development means a bit different. So intellectual development had to be an element of life although article 37 does not permit that because it does not make the directive principles justifiable. We read the right to education as a component of right to life as now the constraint of finance is over. What is unfortunately happening is that people have not bothered. Even after expiry of 10 or 40 years the state has not bothered to provide education to its children and, therefore, the Supreme Court said that the right to education is an element of the right to life we read it into this article 21 and directed its enforcement.

Today the right to education is judicially recognized as an element of fundamental rights; article 21 has become a reality and free education, though not still ' compulsory, is provided. But I am looking to the day when the element of compulsory education is also enforced because free education is only available to those who know that or who are alive to the fact that free education is provided and go to seek free education. It is not available to those who are totally ignorant about it. And in our country there is a vast mass of people who do not know their rights. You are now aware that many things have taken place under article 21. The court vision of article 21 has broadened from time to time. Environmental matters have been dealt with under article 21. We rarely notice the damage caused by as to the environment, the ozone etc. these are the matters which had to be dealt with by courts.

I do not want to go on enumerating the various spheres which the Supreme Court and the high courts have tried to expand and implement the fundamental rights, particularly the right to life and liberty, and I do hope that in times to come there will be further expansion so that we have the benefit of living in a society which is not a controlled society. Because, of late, what we see is the dilution of rights through factors other than law. By creating an atmosphere of insecurity, a dilution of rights is taking place because not many have the courage to stand up to it and insist on their fundamental right. I do understand their difficulties but if citizens do not fight for their fundamental right sand, remember one thing, it is essentially first the citizens who come into the picture. It is the citizens who bring it to the court, otherwise the court may not have the opportunity of safeguarding and expanding that right. Many of the rights have been expanded from time to time, and particularly the article 21, which has become possible for court to expand because essentially an enlightened citizen, a fearless citizen, has taken the courage to move the court against the executive. Mind you, in most of the cases it is citizen vs the state and, therefore, it is the citizen who is fighting the mighty state. When the state does not enforce the fundamental right, then only the citizen goes to court. It is the fundamental duty of the state to enforce the fundamental rights of citizens. If it performs that fundamental duty the citizen need not knock at the doors of the court. Therefore, the first credit goes to the citizen and it is only the second credit, which goes to the court, the Supreme Court or the high courts. So, this is what I encapsulated within the time permissible to me and I do hope, I may have cleared some of the cobwebs, which may exist in some minds.

 

Thank you.

COMPUTER VISION SYNDROME AN EMERGING PANDEMIC OF 21st CENTURY

COMPUTER VISION SYNDROME
AN EMERGING PANDEMIC OF 21st CENTURY

Computer vision syndrome (CVS) is defined as a of eye and vision problems that are experienced during computer use and is a repetitive strain disorder.

SYMPTOMS OF CVS-
(1) Eyestrain (2) Blurred vision (3) Dizziness or nausea (4) Headaches (5) Red, dry or burning eyes (6) Increase in nearsightedness (7) Change in colour perception (8) Slow refocusing (9) Excessive fatigue (10) Neck, shoulder and back pain (11) Eye- tearing problems and/or occasional double vision.
The use of computers leads to the following four types of problems.

(A) EYESTRAIN-
Characters displayed on the computer are made up of small dots or pixels. Focussing on these pixel characters is difficult The eyes focus on the plane of the computer screen but cannot sustain the focus. They focus on the screen and relax to a point behind the screen, called the resting point of accomodation (RPA) This constant flexing of muscles causes fatigue and generates burning and tired eyes. 

(B) ACCOMODATIVE SPASM-
Pseudo-myopia is a condition when the eyes are locked in a focus at near and won't relax easily. This occurs due to the constant effort needed to focus near objects and to sustain that focus can lead to accomodative spasms. If the cause of overfocussing is not corrected, the pseudo myopia becomes structuralized and the patient becomes truly myopic.

(C) DRY EYE-  
Studies show that people blink about three times less than normal while working on the computer. Tears coating the eyes evaporate more rapidly during the non blinking phase and cause dry eyes.

(D) BODY FATIGUE- 
Constant working on the computer can cause neck and shoulder stiffness as well as stress headaches which can cause referred pain in the jaw.

STEPS TO PREVENT CVS
Computers do not harm the eyes. Practically all computer problems are preventable and correctable. Having an accurate, and ergonomically appropriate workstation can make a huge difference in managing visual comfort while using the computer. Following steps help in reducing eyestrain while using the computers. 

a. REGULAR EYE CHECKUPS AND USE OF COMPUTER GLASSES.

b. USE PROPER LIGHTING AND MINIMIZE GLARE.
Brighter is not always better- Excessive overhead lighting frequently causes glare. This can be avoided by using the following steps.
1- Use of indirect lighting.
2- The light source should be from behind, coming across the shoulder and hitting the screen at right angles.
3- Keep the computers away from the windows.
4- Do not work in the dark.
5- Install an anti-glare screen on the monitor and use anti-reflective coated glasses to reduce uncomfortable reflection.
 
c. POSITION OF THE COMPUTER MONITOR-
1 - The optimal screen position is about 10 to 20 degree angle below eye level. This prevents dry eye and head and neck aches. 
2- The distance of the screen from the eyes should be 20-26 inches. 3-Dust the screen with an anti-static cloth regularly. 
4- Keep the texts and other material close to the screen, perhaps on a mount adjacent to the monitor. 

d. MONITOR DISPLAY QUALITY-
1 - Resolution- refers to a monitor's pixel density. Generally the higher the resolution the better.
2- Dot pitch- affects the sharpness of the display. The lower the number, the sharper the image
3- Refresh rate- It refers to how often the monitor redraws the contents on the screen. The refresh rate should be 70 Hz or higher.

e. EXERCISE WHILE WORKING-
1. Look away from the computer screen every 30 minutes and focus for 5-10 seconds on a distant object.
2. A break of 10 minutes is advised every hour.
3. For readjusting the focusing it is recommended to look far away for 10-15 seconds and then near for 10-15 seconds. 4. Stand up, move about and do stretching exercises frequently.

f. DRY EYE PREVENTION-
1- Blink more often.,
2- Reduce air currents over the workstation.,
3- instill artificial tear drops regularly as advised by you doctor.
Issued in public interest by health education cell , Ahuja Eye Centre,Aligarh

India and the Islamic Banking System

India and the Islamic Banking System 

Dr. Naved Khan

Islamic Banking System has been gradually gaining footholes in many countries. But heated arguments have been going on whether this system would be more stable than the traditional banking system. Not surprisingly India too has been drawn into the debate. Arguments for both sides have been made by economists and political leaders.  

Islamic banks are organized on the same structural pattern as conventional banks. But the use of interest is eliminated from their operations. (Siddiqui, 1983)  The Islamic banking and finance sector has been increasing its market share day by day in global finance industry. Today, over 300 Islamic banks and finance organizations have been successfully running their businesses from Dubai, LOs Angeles, London, Karachi, Jakarta, Cairo, Riyadh and many other cities in the world. Total assets of all these are well in reach of the mile-stone of $ 400 billions. (Bakhsh, 2011)  HSBC bank also started its branches as “HSBC Amanah” in some parts of the world.  It is the global Islamic financial services business of the HSBC Group. It was established in 1998 with the aim of making HSBC the leading provider of Islamic financial services worldwide. With established and successful operations in the Middle East, Asia-Pacific and Europe, HSBC Amanah represents the largest and most comprehensive Islamic proposition of any international bank. (HSBC Bank, 2011)

 The debate in India has also been going on a wide scale. Prime Minister, Dr. Mahmohan Singh said that he would ask RBI to take a look at the demand for establishing Islamic banking in India. He said that he would seek the Central Bank's views on the matter. The statement is significant as it comes against the backdrop of the RBI governor D. Subbarao's statement that Islamic banking cannot be allowed within the current rules of the RBI. “With the present set of Banking Regulation Act, Islamic banking just cannot take place as many of the banking principles in place are based on interest payments. However, Islamic banking is possible through a separate legislation.” (Ramesh, 2010)

The Muslim countries of the world have not been investing in Indian banking sector owing to the RBI policies based on interest. If India adopts the Islamic banking, capital inflow would increase to a great extent because of the investment of the Gulf countries.  India is aggressively pitching for $1 trillion worth of Sharia-compliant funds from the Gulf countries for investments in its infrastructure development; the UPA government has drafted a report on Islamic banking and RBI and finance ministry are jointly working on necessary legislative changes to implement the same. (TNN, 2010) A committee headed by the Cabinet Secretary and comprising secretaries from other ministries, including finance, has submitted a report to the government recently on the prospects of Islamic banking in the country and on drawing investments from abroad. Rajya Sabha deputy chairperson K. Rahman Khan said the government has already started similar initiatives with UTI and SBI where certain mutual fund alternatives are available for people to invest in such funds. (TNN, 2010)

No doubt, the conventional banks have been vigorously flourishing with the interest REGIME.  On the other hands, the Islamic banks have also been thriving by making their transactions without, charging or offering, interest because interest is prohibited in Islam.  Conventional system of banking has been successfully using the tool of credit creation for making money and for controlling money market.  Islamic banks have also been creating credit but unlike the conventional banks, they have not been charging or offering interest.  In lieu of charging interest Islamic banks have been using some other tools, like Mudaraba, Musharka, Murabaha, Ijarah etc for credit creation or for controlling money market.  

But, of course, the implementation of Islamic Banking System in India is not an easy task.  Almost all the RBI policies related to finance are based on interest. Adoption of this system may lead to re-framing these policies. The task is not so easy but some steps can be taken to initiate the changes through legislation.  The very well known example of this system in India is Muslim Fund (an Islamic Bank) started in Deoband around 40 years ago and has been doing well even today.

As the Islamic banking system is against exploitation, it will facilitate the development of the poor and the marginalized.  The system should be given a chance in developing countries like India.

Dr. Mohd Naved Khan

UGC Academic Staff College

AMU, Aligarh

Notes and References:

HSBC Bank, http://www.hsbcamanah.com/amanah/newsroom/pressreleases/qatar_ branch. html.  Accessed on 12 March 2011

Ramesh, P.R., “PM to Seek RBI's Views on Islamic Banking”, The Economic Times, Kuala Lampur, 28 October 2010

Siddiqi, M.N., 'Banking Without Interest' The Islamic Foundation, Leicester, UK, 1983.

TNN “Government may allow Islamic banking, eyes $1tn funds”, The Times of India, New Delhi, 28 January 2010.