Authorities in Jammu and Kashmir’s Kishtwar district have issued an order regulating the collection of Zakat and Sadaqah during the holy month of Ramzan, citing concerns over unauthorised fundraising activities, triggering a political row over infringement on the religious rights of Muslims, even as Chief Minister Omar Abdullah said the decision was taken after consultations with local religious leaders.
Kishtwar Deputy Commissioner Pankaj Kumar Sharma on Wednesday, February 18, said it is the statutory obligation of the administration to ensure that public contributions intended for relief, welfare or religious purposes are not misappropriated, laundered or diverted for extraneous or subversive activities.
There has been a tendency of unauthorised collection of donations by certain individuals and organisations during Ramzan, necessitating immediate regulatory intervention, Sharma said in the order.
“While the tradition of Zakat and Sadaqah is an integral and sacred facet of the religious and social fabric during Ramadan, any act of artifice, misrepresentation, or fraudulent solicitation of funds not only desecrates the sanctity of the Holy Month but also exploits the altruism of the public,” the Deputy Commissioner said.
Zakat, one of the five pillars of Islam, requires Muslims to donate 2.5 per cent of surplus wealth for the welfare of the poor and needy. Sadaqah is a voluntary form of charity. During Ramzan, Muslims traditionally give generously, and many madrasas and charitable organisations depend on these contributions for religious and social work.
What the order of Deputy Commissioner means
Invoking powers under Section 163 of the Bharatiya Nagarik Suraksha Sanhita, the DM laid down specific guidelines for compliance.
According to the order, no individual, NGO, trust, society or committee shall undertake donation collection within the territorial jurisdiction of Kishtwar district without valid registration under relevant laws and prior intimation to the executive officer, Waqf board unit Kishtwar or the president, Majlis Shura Committee Kishtwar, wherever applicable.
All fundraising entities have been directed to maintain proper records of collections and expenditures. Any solicitor found without authenticated copies of registration and authorisation documents shall be treated as unauthorised, it said.
The order strictly prohibits coercive tactics, harassment of commuters or obstruction of public pathways for donation collection.
Sub-registrars have been asked to publish within five days a list of registered charitable trusts operating in the district to guide the general public. A dedicated vigilance helpline has been activated for reporting instances of fraudulent solicitation or harassment.
The senior superintendent of police, along with sub-divisional magistrates and tehsildars, has been directed to ensure strict enforcement of the order in letter and spirit.
The directive has come into immediate effect and shall remain operative throughout the holy month of Ramzan, the order said, adding any violation shall invite action under the Bharatiya Nyaya Sanhita and other applicable laws.
DC’s order triggers backlash
Peoples Democratic Party (PDP) legislator Aga Syed Muntazir Mehdi described the directive as unconstitutional and said it violated Articles 25 and 26 of the Constitution, which guarantee freedom of religion and the right to manage religious affairs. He said charitable obligations such as Zakat fall within the domain of community-managed religious practice and should not be subjected to arbitrary governmental control.
“The order threatens the autonomy of Muslim endowments and represents unwarranted government interference in religious affairs,” he added.
Deputy Chief Minister Surinder Kumar Choudhary cautioned officials against interfering in religious matters. “The government is committed to transparency and accountability. However, officers must operate within constitutional and administrative boundaries,” he said.
J&K Minister Satish Sharma said such orders were issued by those officials “who are aligned to a particular ideology,” adding that it was “unfortunate” and they need to change themselves.
CM Omar Abdullah defends move
Responding to concerns raised by Congress MLAs Gulam Ahmed Mir and Nizam-ud-Din Bhat in the Assembly, who called the order “unconstitutional,” “provocative” and “bad in law,” Chief Minister Abdullah on Thursday, February 19, said he looked into the matter and found that the Deputy Commissioner did not issue the order arbitrarily.
He said all district commissioners had been instructed in advance to engage with local communities and make necessary preparations for Ramzan. During one such meeting, religious leaders from the Muslim community in and around Kishtwar met the Deputy Commissioner and highlighted the issue of individuals setting up fake non-governmental organisations during Ramzan to collect donations, the Chief Minister said.
“They informed the administration that money is often collected in the name of charity or patients whose existence cannot be verified, and there is no clarity on how the funds are actually utilised,” Abdullah said, adding that genuine NGOs suffer as a result and are deprived of much-needed support.
Abdullah said religious leaders had specifically requested the deputy commissioner to intervene and put an end to the practice. “Based on these genuine concerns raised by clerics and community representatives, the deputy commissioner issued the order,” he said.
Abdullah further said the Imam of the Jamia Masjid Kishtwar, along with other clerics and religious leaders, has welcomed the move.
Appealing for restraint, the CM said not every administrative decision should be viewed through a political lens. Leader of Opposition and Bharatiya Janata Party (BJP) MLA Sunil Sharma, who represents Kishtwar, also defended the directive, saying oversight was necessary to prevent misuse of charitable donations.
(With PTI inputs)
