Political Uproar in J&K over Kishtwar DC's Order on Monitoring Fundraising Activities During Ramzan

Srinagar: An order by the district administration of Kishtwar to monitor and regulate charitable fundraising activities during the ongoing Islamic month of Ramzan has triggered a political row in Jammu and Kashmir.

While J&K chief minister Omar Abdullah has defended the order, his party colleague and chief spokesperson Tanvir Sadiq termed it as “interference” in religious affairs of Muslims in Jammu and Kashmir. 

Meanwhile, the opposition Peoples Democratic Party (PDP) and the Congress called for the order to be revoked while describing it as “unconstitutional”. 

The ex-parte order was issued on Wednesday (February 18) by the deputy commissioner (DC) of Kishtwar, Pankaj Sharma under Section 163 of the Bharatiya Nagarik Suraksha Sanhita 2023 on the eve of Ramzan which began across the country on Thursday.

The order warned against the collection of donations in Kishtwar by ‘unregistered’ individuals or institutions without permission from the Wakf Board officials or the concerned sub-divisional magistrates.

A ‘district vigilance helpline’ has also been set up to report such donation activities, “Citizens are encouraged to report any instances of fraudulent solicitation or harassment,” the order said, while directing the senior superintendent of police (Kishtwar) and all sub-divisional magistrates to “ensure strict enforcement”.

Defending the move, the Leader of the Opposition (LoP) in J&K assembly and senior Bharatiya Janata Party (BJP) leader Sunil Sharma alleged on Thursday that “unregulated" donations have been used for “subversive and anti-national activities”.

“Some people use these funds for subversive and anti-national activities. The DC [Kishtwar] had received these inputs after which the order was issued. We welcome the decision and it should be replicated by other districts of J&K also,” Sharma said. 

He added: “It is sad that those who don’t understand the situation in Kishtwar and its demography are commenting on the issue.”

The hilly district in Chenab valley of Jammu division has witnessed an uptick in militant activities in recent months with the security forces involved in an ongoing operation for more than a month now. 

However, NC leader Sadiq termed the DC’s order as “interference” in the religious affairs of Muslims and blamed the LoP for dividing Jammu and Kashmir on religious lines. 

“Such an order can’t be issued for one district only. If there were any apprehensions, the order should have been issued by the GAD (general administration department of J&K government),” Sadiq said on Thursday, while accusing Sharma of “pitching Hindus against Muslims”. 

The issue was also raised by Congress legislators Ghulam Ahmed Mir and Nizam-ud-Din Bhat during the ongoing session of the assembly on Thursday.

The chief minister, however, clarified on Friday that the order was issued after the religious leaders from the Muslim community in Kishtwar met the DC and highlighted the issue of individuals setting up fake non-governmental organisations during Ramzan to collect donations.

“Sometimes we should go into the details. Many decisions are taken after consultations with the people and not because of political considerations. Such matters should not be dragged into politics,” the chief minister said.

Opposing the order, PDP leader and Budgam legislator Muntazir Mehdi said religious donations by Muslims “should remain free from arbitrary administrative control”. He termed the DC Kishtwar’s order as “unconstitutional [which] … infringes upon religious freedoms guaranteed under the constitution of India.”

“The directive [by DC Kishtwar] undermines the autonomy of Muslim endowments and amounts to unwarranted government interference in religious affairs. Such measures violate Articles 25 and 26 of the constitution, which guarantee the right to freely profess, practise and manage religious matters,” Mehdi said. 

During the holy month of Ramzan, Muslims give away zakat, an annual donation from their assets, and sadaqah, a voluntary donation, to purify their wealth by donating to charitable causes, as per Islamic tenets.

The order by the DC noted that “unregulated and unauthorised” collection of donations during Ramzan “necessitates immediate regulatory intervention”. 

“It is the statutory obligation of the district administration to ensure that public contributions intended for relief, welfare or religious purposes are not misappropriated, laundered or diverted for extraneous or subversive activities,” the order said.

Sharma said that the fundraising entities without “authentic identification, a certified copy of their organisation's registration and a designated receipt book shall be deemed unauthorised”.

“All sub registrars of district Kishtwar, shall within five days, publish a list of bonafide registered charitable trusts operating in the district to guide the general public,” the order said, while warning against “coercive tactics, harassment of commuters or obstruction of public pathways/traffic for the purpose of seeking donations.”

“Any person or entity found engaging in suspicious or clandestine fundraising shall be dealt with strictly under the Bharatiya Nyaya Sanhita 2023, and other applicable preventive laws. This order shall come into force with immediate effect and shall remain operative throughout the Holy Month of Ramadan-2026,” the order added. 

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