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This phenomenon, in which Sikh religious sensibility is calculatedly
outraged and their human dignity cruelly injured, has its historical
antecedents in this part of the world. It was in the late twenties of
this century that a cultural ancestor of the present anti-Sikh Hindu
urban crust wrote and published a small book, purporting to be a
research-paper in history, under the title of Rangila Rasul : 'Mohammad,
the pleasure loving Prophet'. The matrimonial history of this
God-intoxicated and world-shaking Prophet was recounted in this booklet
in minute details supported by authoritative Muslim writings, and by
slants and twists well familiar to history writers, the conclusion was
drawn and spelt-out that Mohammad was a lascivious, lecherous man. The
booklet was concluded with the mocking epilogue: Bol Rangila Rasul ki
jai. Anybody who knows anything about Islam and Muslim sensitiveness and
sensibility knows that it is basic to them that while "liberties with
God are permissible, not so with Mohammad" : ba khuda diwana bash, wa,
ba Mohammad hoshiar. The entire Muslim world of India writhed in anguish
at this gross insult to and attack on the Muslim community but they were
laughed at and I chided by the citified Hindu Press of Lahore, for being
primitive, medieval, religious fanatics, unreformed by sophistication
and modern liberal education that teaches objective, critical thinking
and dispassionate judgements.
To assuage Muslim feelings the British authorities in
Punjab, however. prosecuted in a law-court the publisher of the
offensive booklet, under Section 295 of the Indian Panel Code, the only
statutory provision available in relation to insults to religion. This
provision makes it an offence punishable with imprisonment for two
years, 'to injure or defile a place of worship or any object held sacred
by any class of persons, with the intention of insulting the religion'
of others. The publisher was convicted in the lower court but the Lahore
High Court acquitted him, for good reasons, because in the Rangila Rasul,
neither a place of worship nor a sacred object had been defiled or
injured. The book had maliciously insulted the Muslim religion and
outraged the religious feelings of Muslims. It was at this stage that a
wailing dirge was often heard in the towns of Punjab during nocturnal stillnesses.
"O, my Master, the Messenger of God, My agony is as
great as was yours, When they persecuted you to flee from Mecca to
Medina. Give me a place of refuge similar to the one God gave to you. My
cruel neighbours would not let me live in peace in India."
In their utter anguish and unredeemed despair the
Indian Muslims felt impotent in their rage and consequently a Muslim, 'Ilm
Din, by name, murdered the publisher of the offensive booklet in broad
day light, for, the real author had remained anonymous. 'I1m Din was
convicted and hanged to death for wilful murder under Section 302 of the
Indian Penal Code. The funeral procession of '11m Din was a huge event,
led by no less a person than Sir Mohammad Iqbal, 'the Poet of the East'
and Maulana Zafar Ali, 'the Father of Urdu Journalism' to demonstrate
the magnitude of injury felt by the entire body of Indian Muslims. This,
however, gave rise to a general impression in the minds of those who
perversely believe that to insult the religion and to outrage the
religious sentiments of a fellow citizen is a fundamental right of
'freedom of expression' and 'liberty of conscience, and that such a
fundamental right must be repeatedly asserted. Soon after, somebody in
the West Punjab, named a pack-donkey of his, as Mohammad. This was no
offence under the law as the High Court Judgement in the Rangila Rasul
case had shown. An outraged Muslim murdered the owner of this
pack-donkey and was hanged to death by the judicial courts. Muslims were
in deep, desperate despair. Not long after, another protagonist of
'freedom of expression' and 'liberty of conscience' named his dog as,
Ahmad, a proper name of the Prophet of Islam. A Muslim murdered this
owner of the dog also for which he paid with his life on the scaffold.
At this stage the authorities of the British Raj took notice of the
gravity of the situation and placed a new provision of law on the
statute, as 295-A Indian Penal Code, which, as it stands, reads:
"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
representation 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."
This offence under Section 295 A I.P.C. when
committed, is not 'cognisable', that is, neither a police officer on
duty, nor a private citizen, can initiate proceedings against the
offender; only the State may, in its discretion, do so. But under
Section 10 (1) of the Criminal Law Amendment Act 1932, the State
Government may declare by notification that this offence shall be
cognisable when committed in an area, specified. Since such offences,
then, altogether stopped in British India, no notification under Section
10 (1) of the Criminal Law Amendment Act became necessary till 1947. But
the process of events that led to bloody communal riots in various parts
of India till the creation of India and Pakistan and the partition of
the country itself, with tragic losses in men, money and property, is
directly and rightly traceable to the attitudes of a section of the
majority community exemplified in the matter of Rangila Rasul and the
names given to a donkey and a dog. That is how Pakistan was conceived,
born and established through bloodshed, and all other explanations are
spurious and off the mark.
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