Chennai – Royapuram – Muslim Schools – RSS – Kerala – Water Rights – Oaths

Refugee Review Tribunal AUSTRALIA

RRT RESEARCH RESPONSE

Research Response Number: IND32500 Country: India Date: 2 November 2007

Keywords: India – Chennai – Royapuram – Muslim schools – RSS – Kerala – Water rights – Oaths – Koran

This response was prepared by the Research & Information Services Section of the Refugee Review Tribunal (RRT) after researching publicly accessible information currently available to the RRT within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. This research response may not, under any circumstance, be cited in a decision or any other document. Anyone wishing to use this information may only cite the primary source material contained herein.

Questions

1. Are there any Muslim schools in Royapuram, Chennai? 2. Are there any disputes between Kerala and Chennai involving water rights or other resources? 3. Is the RSS strongly positioned and anti-Muslim in Kerala? 4. Is there any basis for the claim that Muslims are prohibited from swearing on the Koran during a period of fast?

RESPONSE

1. Are there any Muslim schools in Royapuram, Chennai?

The sources consulted indicate that there is at least one Muslim school in the suburb of Royapuram in Chennai, and possibly more. There are also several Muslim schools elsewhere in the city of Chennai, which is the capital of Tamil Nadu.

The website of a body called the ILM Educational Trust (which describes itself elsewhere on the site as a group composed of “committed and service minded brothers including college professors, businessmen and Islamic scholars”) states that it has established a Muslim primary school in Royapuram with 4 staff members and about 186 students. It outlines the school’s objectives as follows:

In order to provide a complete Islamic education and to mould their personalities in Islamic way, students are taught • Arabic as a language • Recitation of Quran with correct pronunciation (Thajweed) • Hadhees • Life of Prophet and life of Sahabas • History of Islam (‘Establishment of I Max Nursery and Primary Schools – Royapuram’ (undated), ILM Educational Trust website http://imaxschools.com/imaxschoolrp.htm – Accessed 30 October 2007 – Attachment 1).

There is also a school in Royapuram called the Corporation Urdu Primary School which may cater to some Muslim students. According to one recent news report there is a significant proportion of Urdu-speakers among the Muslims of Tamil Nadu (‘Corporation Urdu Primary School, Royapuram, Chennai, Tamil Nadu’ 2007, IndiaStudyCenter.com website http://www.indiastudycenter.com/Univ/States/TN/Chn/Schools/Corporation-Urdu-Primary- School-Royapuram.asp – Accessed 30 October 2007 – Attachment 2; Siraj, M.A. 2007, ‘Urdu and Indian Muslims’, Deccan Herald, 15 September http://www.deccanherald.com/Content/Sep152007/panorama2007091425450.asp – Accessed 30 October 2007 – Attachment 3).

A list of schools in Chennai from a Chennai District government website at http://chennai.nic.in/schools.htm contains details of Government Schools, Government Aided Schools, Unaided Schools, Matriculation Schools, Anglo Indian Schools, Kendriya Vidyalaya Schools, Central Board Education Syllabus Schools and Special Schools. Several of these have “Muslim” in the title, but none of them are in the suburb of Royapuram.

There are other Muslim schools in the city of Chennai, some of them apparently newly established, which are not included in the government’s list. Thus there would appear to be the possibility that there may be other Muslim schools in Royapuram itself which are not listed on the internet. Three examples of Muslim schools in Chennai are below:

• The Islamic International School, which requires that the parents of the children attending “dress Islamically”, and that the mother “wear a hijab and attend classes on Islam and the English language if they don’t have background in them” (Abdullah, Amatullah 2006, ‘A New Lease of Life: Islamic Schooling and Parental Partnership’, IslamOnline.net, 7 May http://www.islamonline.net/English/family/2006/05/article03.shtml – Accessed 1 November 2007 – Attachment 4).

• The Olive International School which teaches the formal school syllabus “with an Islamic perspective” (‘Olive International School’ (undated), Olive International School website http://snsvo9.seekandsource.com/oliveintschool/ – Accessed 1 November 2007 – Attachment 5).

• The Sana Nursery and Primary School which offers an “Islamic environment” including daily instruction in the Koran (‘FAQs’ 2005, Sana Nursery and Primary School website http://sanaschool.org/faq.htm – Accessed 1 November 2007 – Attachment 6).

2. Are there any disputes between Kerala and Chennai involving water rights or other resources?

The sources consulted indicate that the state of Tamil Nadu, and its capital Chennai, cannot supply all of its own water requirements and is dependent on surrounding states, including Kerala, for some of its water. There has been a history of ongoing negotiations and sometimes disputes between the state governments of Tamil Nadu and Kerala; and at national level Lok Sabha members from Kerala and Tamil Nadu have clashed over the issue in parliament. It appears that the water issue is of concern to ordinary people in Tamil Nadu since they are directly affected by any shortages; but no reports were found of disputes between the two states that involved the ordinary citizens. The most serious incident found was early in 2007 when the Mullaperiyar Dam, which is located in Kerala but managed by Tamil Nadu, was blockaded by Tamil Nadu security forces. In October 2007 Kerala entered into an agreement on the sharing of water from the Nayyar Dam, following repeated requests by the Tamil Nadu Government.

A 2005 policy document by the Public Works Department of the Government of Tamil Nadu states that:

Tamil Nadu is a deficit State in water resources and has almost fully exploited all its surface water potential. The neighbouring States like Karnataka, Kerala and Andhra Pradesh are richly endowed with water resources. For further water resources development, Tamil Nadu has to depend upon inter basin water transfers from the adjoining basins of the neighbouring States or even to Long Distance Transfers. Tamil Nadu has moved the National Water Development Agency set up by the Government of India for diversion of surplus waters available in the adjoining States to augment its water resources. (Public Works Department, Government of Tamil Nadu 2005, ‘Irrigation and Buildings Organisation, Policy Note 2004-2005, Demand No. 38, Irrigation’, Government of Tamil Nadu website http://www.tn.gov.in/policynotes/archives/policy2004-05/pwd2004-2005-1.htm – Accessed 1 November 2007 – Attachment 7).

An undated but apparently recent article by Srinivasan from the InfoChange website states that the water shortage in the capital Chennai is so acute during summer that privately operated tankers go out into the surrounding farmlands in Tamil Nadu and buy water from the farmers, who are finding it easier to live from this source of income than from farming:

As Chennai (total area: 200 sq km) grows into yet another Asian megacity, it is busy drawing water from sources all around it. The water is being drawn from nearby towns like Mamandur, Palur, Karungizhi, Tiruporur, Puvirundavalli, Meenjur, Gummidipundi and Kanaigiper, using a fleet of over 13,000 water tankers. Private lorries collect water from farms and villages around Chennai; borewells are the main source.

This is water taken away not just from agriculture but also from the drinking water supplies of the villagers. Groundwater levels have dropped drastically in all these towns and villages as a result. A policy of enforcing compulsory rainwater harvesting, initiated by the Tamil Nadu government a few years ago, has made very little difference to the water situation in these rural areas. Even villages that do practise water conservation methods are facing a severe water crisis. Disputes over water are common.

“In our village, as per government instructions, we carried out rainwater harvesting with the help of district officials; we recovered lakes occupied by various vested interests. We deepened the lakes and de-silted them. But all these efforts have benefited only the private water suppliers,” says Neelavathi Venkatesan, president of the Vangaivasal village panchayat.

He says there were already two packaged water companies operating in his area. Now another has been given permission to set up shop. Apart from them, private lorries have also been regularly taking water from the lakes and wells in the village, to sell in Chennai (Srinivasan, R. (undated), ‘Stealing farmers’ water to quench Chennai’s big thirst’, InfoChange website http://www.infochangeindia.org/agenda3_08.jsp – Accessed 30 October 2007 – Attachment 8).

The following news and other reports, in reverse chronological order, provide information on some of the negotiations and disputes that have taken place between Tamil Nadu and Kerala over water resources in recent years.

An October report from BusinessLine states:

Kerala will enter into an agreement with the Tamil Nadu Government on sharing of water from Nayyar dam.

The State Cabinet, which met on Wednesday, entrusted the Water Resources Minister, Mr N.K. Premachandran, to sign the agreement on behalf of the Government.

The Cabinet decision follows persistent requests by the Tamil Nadu Government for release of water from the dam for agricultural purposes in Kanyakumari district.

The Chief Minister, Mr V.S. Achuthanandan, told newspersons after the Cabinet meeting that the Government had earlier taken a decision in this regard. The Cabinet now ratified it (‘Kerala, TN to sign water sharing pact’ 2007, BusinessLine, 25 October http://www.thehindubusinessline.com/2007/10/25/stories/2007102551182300.htm – Accessed 1 November 2007 – Attachment 9).

Another October 2007 report provides further information on the recent agreement:

The Kerala Cabinet on Wednesday gave the green signal for supply of water from the Neyyar irrigation project to Kanyakumari district in Tamil Nadu. Chief Minister V.S. Achuthanandan told the media after a Cabinet meeting that Water Resources Minister N.K. Premachandran had been authorised to take steps for the release of water to Tamil Nadu. Asked whether there would be any talks between Kerala and Tamil Nadu on release of water, the Chief Minister replied in the negative. But, an agreement would be signed, he said (‘Cabinet nod for Neyyar water supply’ 2007, The Hindu, 25 October http://www.hindu.com/2007/10/25/stories/2007102554491000.htm – Accessed 1 November 2007 – Attachment 10).

The following three reports relate to a dispute in later 2006 to early 2007 over raising the height of another dam, the Mullaperiyar Dam.

A January 2007 report mentions that the Tamil Nadu government had deployed security personnel at the dam:

The Kerala government will move the Supreme Court to inform it about the details of the talks that it had held with Tamil Nadu on the Mullaperiyar issue and its opposition to deployment of Central Industrial Security Force personnel at the dam.

The decision to approach the apex court was taken in the wake of Tamil Nadu government filing an application along with an affidavit seeking deployment of CISF and blaming Kerala for its decision to pull out of the talks.

“We will inform the Supreme Court about the stand taken by us at the two meetings, details of the talks, our decision to send naval teams to inspect the safety of the dam and the road blockade by various Tamil parties,” state Water Resources Minister N K Premachandran said in New Delhi (‘Kerala to approach SC on dam row’ 2007, Rediff News, 20 January http://www.rediff.com/news/2007/jan/30dam.htm – Accessed 1 November 2007 – Attachment 11).

A September 2006 report provides some background on the Mullaperiyar dam:

The only way to end the long-standing impasse between Kerala and Tamil Nadu over the Mullaperiyar dam is to build a new dam with a new agreement, a Congress leader here said Sunday.

‘There is no question of raising the water level in the dam from the present 136 feet to 142 feet as demanded by Tamil Nadu. It has lived its life and now it should be de-commissioned. It is already leaking,’ said senior legislator Thiruvanchoor Radhakrishnan.

‘I am leading a delegation of six Congress leaders to the dam site tomorrow (Monday) along with experts and environmentalists.

‘We will submit a report on our visit to Congress president Sonia Gandhi and Prime Minister Manmohan Singh. We expect both leaders will take a political and administrative decision to end the impasse,’ said Radhakrishnan, a former water resources minister.

The dam, located in Kerala but managed by Tamil Nadu, was built in 1895 under an agreement signed in 1886 between the erstwhile Maharaja of Travancore (now in Kerala) and the British administration in the Madras presidency. (‘New dam only solution to Mullaperiyar row: Congress’ 2006, India eNews, 10 September http://www.indiaenews.com/india/20060910/21812.htm – Accessed 1 November 2007 – Attachment 12).

A March 2006 report states that:

Cutting across party lines, members from Kerala and Tamil Nadu today clashed in the Lok Sabha over the issue of raising the water level in Mullaiperiyar dam in Kerala.

The issue came up two days after the Supreme Court ordered raising the water level from 136 feet to 142 feet (‘Kerala, TN members clash in LS’ 2006, ChennaiOnline, 1 March (cached by Grass-roots.in) http://www.grass-roots.in/cache/index.php/5210 – Accessed 1 November 2007 – Attachment 13).

A January 2004 report states that Tamil Nadu and Kerala intended to sign an agreement on the sharing of river water:

The Chief Ministers of Kerala and Tamil Nadu will meet in March to sign a revised Parambikkulam-Aliyar inter-State river water sharing agreement, as per the understanding reached at the end of `successful’ ministerial-level talks held here on Sunday.

Briefing newspersons here, the Kerala Minister for Water Resources, Mr T. M. Jacob, and the Tamil Nadu Minister for Public Works and Revenue, Mr O. Panneerselvam, said ‘considerable ground’ had been covered in the Thiruvananthapuram round of talks, sixth in the series, and a broad agreement reached on five core issues. ‘Kerala, TN to sign pact on river waters in March’ 2004, BusinessLine, 5 January http://www.thehindubusinessline.com/2004/01/05/stories/2004010500721300.htm – Accessed 1 November 2007 – Attachment 14). A 2002 report states that Kerala had accused Tamil Nadu of violating inter-state agreements:

The Kerala Minister for Water Resources, T.M. Jacob, has accused Tamil Nadu of violating the inter-State water agreements between the two States.

Addressing a press conference at Siruvani on Saturday after visiting the Siruvani Sagar Dam in Palakkad, he said Tamil Nadu had violated many of the provisions of the Parambikulam- Aliyar Project (PAP), Mullaperiyar and the Siruvani Drinking Water Supply agreements. “Kerala is honouring the agreements and implementing them faithfully, but Tamil Nadu is violating them and diverting the waters of Kerala.”

Mr. Jacob said that though Kerala was facing acute water shortage and had no water to spare, it was fulfilling its commitment and supplying water to Tamil Nadu as per these agreements. He said Kerala was giving almost the entire Siruvani water for drinking water supply in Coimbatore. It was also giving the water of the Neyyar Dam to Tamil Nadu without having any formal agreement. The State had taken all possible steps to provide maximum water to Tamil Nadu. Despite that, Tamil Nadu was diverting Kerala’s waters by constructing dams and diversion, violating the PAP, Mullaperiyar and other agreements ‘T.N. accused of violating inter-State water agreements’ 2002, The Hindu, 29 December http://www.hinduonnet.com/2002/12/29/stories/2002122902850600.htm – Accessed 1 November 2007 – Attachment 15).

3. Is the RSS strongly positioned and anti-Muslim in Kerala?

The sources consulted indicate that the RSS has a presence in Kerala, along with other Hindutva groups such as the Bharatiya Janata Party (BJP) and the Vishwa Hindu Parishad (VHP). However there is a leftist coalition government in power in the state at present led by the Communist Party of India-Marxist (CPI-M) (please see the entry on Kerala in The Republic and States of India information package) and the Hindutva groups reportedly are not particularly strong in Kerala, which has significant Muslim and Christian minorities. There have been a few isolated incidents of communal violence involving Muslims and Hindus in recent years, but no major incidents. Traditionally Kerala has been regarded as one of the more tolerant states in India. Its Muslim population scores higher in literacy and education statistics than Muslims in the rest of India, although it still lags behind some other segments of the community in Kerala.

Three RRT Research Responses are relevant.

Question 1 of a September 2007 response examines the situation of Muslims in Kerala, where they make up 24.7% of the population. It mentions some incidents of communal violence in recent years involving Muslims and Hindus, but quotes material such as a 2007 Hindu report that indicates that there have been less of such incidents in Kerala than in most other states in India (RRT Research & Information 2007, Research Response IND32192, 24 September – Attachment 16).

An April 2006 Research Response looks at incidents of conflict between the RSS and the CPI-M, and between the BJP and the CPI-M, over the past few years (RRT Country Research 2006, Research Response IND30099, 11 April – Attachment 17).

An October 2005 response looks at incidents of anti-Christian violence involving the RSS in Kerala (RRT Country Research 2005, Research Response IND17599, 19 October – Attachment 18). Two recent news reports on the RSS in Kerala are attached.

An October 2007 report states that following the killing of a police official who was trying to “restrain a violent mob of students” from a Hindu college, the Kerala Home Minister accused a group of RSS and other activists of “hatching a campus-centred conspiracy to destroy the law-and-order situation in the state” (‘RSS, ABVP to blame: Kodiyeri’ 2007, The Hindu, 27 October http://www.thehindu.com/2007/10/27/stories/2007102753491000.htm – Accessed 2 November 2007 – Attachment 19).

A March 2007 report mentions the arrest of several RSS activists in connection with another attack. The Home Minister announced that RSS finances would be investigated (‘Strong action against NDF, RSS: Kerala Minister’ 2007, The Hindu, 26 March http://www.hindu.com/2007/03/26/stories/2007032602470700.htm – Accessed 2 November 2007 – Attachment 20).

Two further reports are of interest. They are both from the Haindava Keralam website at http://www.haindavakeralam.org/ which appears to be devoted to the Hindutva cause in Kerala.

A February 2007 report states that “the RSS leadership in Kerala has brought a silent revolution in the Hindu society of the state” by organizing seminars, workshops and celebrations. These functions are said have “worried the leftist political parties, specially CPIM, and the Christian and Muslim fundamentalists” (‘RSS brought silent revolution in Kerala Hindu society’ 2007, Haindava Keralam, 9 February http://www.haindavakeralam.org/PageModule.aspx?PageID=2978 – Accessed 2 November 2007 – Attachment 21).

Also of interest is a January 2007 interview with K.C. Kannan “one of the top 16 office bearers” of the RSS and a native of Kerala. To the interviewer’s comment that “Hindutva seems to have weakened in Kerala”, Kannan replied that this view was “baseless’ and that “Hindutva continues to march ahead in Kerala”. The interviewer states that “more than 20 committed Hindu activists have been killed in Kerala over the past two years” but that the RSS had done little to retaliate. The RSS had a poor image in the Kerala press, and the BJP was not a strong party in Kerala (‘Interview with K.C.Kannan’ 2007, Haindava Keralam website, 13 January http://www.haindavakeralam.org/PageModule.aspx?PageID=2760&SKIN=I – Accessed 2 November 2007 – Attachment 22).

4. Is there any basis for the claim that Muslims are prohibited from swearing on the Koran during a period of fast?

No information was found among the sources consulted on whether Muslims are prohibited from swearing on the Koran during a period of fast.

The following reports may be of some use.

The entry on the Koran in Esposito’s Oxford Encyclopedia of the Modern Islamic World comments that “Modern Muslims still demonstrate their reverence for the Qur’an by approaching it in a state of ritual purity” (Cornell, Vincent J. 1995, ‘The Qur’an as Scripture’ in The Oxford Encyclopedia of the Modern Islamic World Vol.3, ed. John L. Esposito, Oxford University Press, p.388 – Attachment 23).

A February 2007 report from the Jerusalem Post states that the USA had decided to allow oaths to be taken on the Koran in court:

Courtroom oaths could be taken on the Koran and other sacred texts besides the Bible in a bill filed in the state Senate on Wednesday.

The issue drew national attention last month when the first Muslim elected to US Congress took a ceremonial oath with a Koran once owned by Thomas Jefferson.

In North Carolina, the issue appeared in 2003 when a Muslim woman sued the state because she was not allowed to swear an oath on the Koran when she was called as a witness in a court case.

State law allows witnesses to use only the Bible for oaths.

Three weeks ago, a state appeals court agreed to let her lawsuit continue.

The new bill would allow an oath-taker to place a hand “upon the Bible or any text sacred to the party’s religious faith.” (‘US: New bill to allow courtroom oaths on Koran’ 2007, Jerusalem Post, 7 February http://www.jpost.com/servlet/Satellite?cid=1170359805473&pagename=JPost%2FJPArticle %2FShowFull – Accessed 2 November 2007 – Attachment 24).

List of Sources Consulted

Internet Sources: Google search engine Government of Tamil Nadu website

Databases: National Office of Overseas Skills Recognition (NOOSR) Country Education Profiles ISYS

RRT Library Appreciating Islam; Globalised Islam; 101 You Asked About Islam; Islam: The Straight Path; An Introduction to Shi’i Islam; The Oxford Encyclopedia of the Modern Islamic World;

List of Attachments

1. ‘Establishment of I Max Nursery and Primary Schools – Royapuram’ (undated), ILM Educational Trust website http://imaxschools.com/imaxschoolrp.htm – Accessed 30 October 2007.

2. ‘Corporation Urdu Primary School, Royapuram, Chennai, Tamil Nadu’ 2007, IndiaStudyCenter.com website http://www.indiastudycenter.com/Univ/States/TN/Chn/Schools/Corporation-Urdu- Primary-School-Royapuram.asp – Accessed 30 October 2007.

3. Siraj, M.A. 2007, ‘Urdu and Indian Muslims’, Deccan Herald, 15 September http://www.deccanherald.com/Content/Sep152007/panorama2007091425450.asp – Accessed 30 October 2007.

4. Abdullah, Amatullah 2006, ‘A New Lease of Life: Islamic Schooling and Parental Partnership’, IslamOnline.net, 7 May http://www.islamonline.net/English/family/2006/05/article03.shtml – Accessed 1 November 2007.

5. ‘Olive International School’ (undated), Olive International School website http://snsvo9.seekandsource.com/oliveintschool/ – Accessed 1 November 2007.

6. ‘FAQs’ 2005, Sana Nursery and Primary School website http://sanaschool.org/faq.htm – Accessed 1 November 2007.

7. ‘Irrigation and Buildings Organisation, Policy Note 2004-2005, Demand No. 38, Irrigation’, Government of Tamil Nadu website http://www.tn.gov.in/policynotes/archives/policy2004-05/pwd2004-2005-1.htm – Accessed 1 November 2007.

8. Srinivasan, R. (undated), ‘Stealing farmers’ water to quench Chennai’s big thirst’, InfoChange website http://www.infochangeindia.org/agenda3_08.jsp – Accessed 30 October 2007.

9. ‘Kerala, TN to sign water sharing pact’ 2007, BusinessLine, 25 October http://www.thehindubusinessline.com/2007/10/25/stories/2007102551182300.htm – Accessed 1 November 2007.

10. ‘Cabinet nod for Neyyar water supply’ 2007, The Hindu, 25 October http://www.hindu.com/2007/10/25/stories/2007102554491000.htm – Accessed 1 November 2007.

11. ‘Kerala to approach SC on dam row’ 2007, Rediff News, 20 January http://www.rediff.com/news/2007/jan/30dam.htm – Accessed 1 November 2007.

12. ‘New dam only solution to Mullaperiyar row: Congress’ 2006, India eNews, 10 September http://www.indiaenews.com/india/20060910/21812.htm – Accessed 1 November 2007.

13. ‘Kerala, TN members clash in LS’ 2006, ChennaiOnline, 1 March (cached by Grass- roots.in) http://www.grass-roots.in/cache/index.php/5210 – Accessed 1 November 2007.

14. ‘Kerala, TN to sign pact on river waters in March’ 2004, BusinessLine, 5 January http://www.thehindubusinessline.com/2004/01/05/stories/2004010500721300.htm – Accessed 1 November 2007.

15. ‘T.N. accused of violating inter-State water agreements’ 2002, The Hindu, 29 December http://www.hinduonnet.com/2002/12/29/stories/2002122902850600.htm – Accessed 1 November 2007.

16. RRT Research & Information 2007, Research Response IND32192, 24 September.

17. RRT Country Research 2006, Research Response IND30099, 11 April.

18. RRT Country Research 2005, Research Response IND17599, 19 October.

19. ‘RSS, ABVP to blame: Kodiyeri’ 2007, The Hindu, 27 October http://www.thehindu.com/2007/10/27/stories/2007102753491000.htm – Accessed 2 November 2007.

20. ‘Strong action against NDF, RSS: Kerala Minister’ 2007, The Hindu, 26 March http://www.hindu.com/2007/03/26/stories/2007032602470700.htm – Accessed 2 November 2007.

21. ‘RSS brought silent revolution in Kerala Hindu society’ 2007, Haindava Keralam, 9 February http://www.haindavakeralam.org/PageModule.aspx?PageID=2978 – Accessed 2 November 2007.

22. ‘Interview with K.C.Kannan’ 2007, Haindava Keralam website, 13 January http://www.haindavakeralam.org/PageModule.aspx?PageID=2760&SKIN=I – Accessed 2 November 2007.

23. Cornell, Vincent J. 1995, ‘The Qur’an as Scripture’ in The Oxford Encyclopedia of the Modern Islamic World Vol.3, ed. John L. Esposito, Oxford University Press. (RRT Library)

24. ‘US: New bill to allow courtroom oaths on Koran’ 2007, Jerusalem Post, 7 February http://www.jpost.com/servlet/Satellite?cid=1170359805473&pagename=JPost%2FJP Article%2FShowFull – Accessed 2 November 2007.