Right to freedom of religion including the right to religious assembly has been the hallmark of free societies. However in Jammu & Kashmir, the state administration has often denied people the right to prayers and religious congregations, on one or the other pretext. This denial is tantamount to gross interference in the religious affairs of the people and it is not only against the democratic ideals but violates the natural rights of a human being.
During the summer unrest the grand mosque of Kashmir was besieged by police and paramilitaries to prevent Friday prayers for nine consecutive weeks. For many months, when strict curfew was in place, the people of the valley especially in major towns were denied entry to mosques, even for morning prayers. Besides, mosques were targeted at many places.
The first ten days of Muharram are sanctimonious for Muslims. Shiite Muslims take out mourning processions in the memory of Imam Hussain (AS). In the Muslim dominated state of J&K, ironically, strict curfew is being imposed to prevent people from performing their religious rites.
Even at the peak of militancy, barring early few years, curfew was never imposed on the tenth day of Muharram. Once again the government has justified the imposition of curfew by taking recourse to the concerns for maintenance of law and order. While the much abused plea of law and order has been always available with the state administration, to answer any counter arguments, imposing curfew on tenth Muharram is a bit too far fetched.
Muharram processions are not the only religious events held in Kashmir. Amarnath pilgrimage is conducted every year during summers successfully without any untoward incident even when the government itself claims that there are serious security challenges associated with conducting the pilgrimage to the cave shrine. When the government could muster resources and manpower to facilitate and conduct Amarnath pilgrimage, banning Muharram processions under the garb of keeping law and order does not make much sense.
Imposing ban on religious ceremonies and denying people the right to freedom of religion can prove counter productive with dangerous ramifications in the long run. Instead of building trust and raising confidence among the masses, that was lost in the summer unrest, the government is actually overstepping in its efforts to maintain peace and calm. Before, it embarks on any act like the one in focus, the government must take a wide and deep frame of reality into consideration to prevent any embarrassment to itself.
