Sindh yet to hear from Centre on madrasa regulation bill

The Sindh government has been patiently waiting to hear back from the federal administration on the former’s suggestions for amendments to the first-ever Sindh Deeni Madaris Act.

The madrasa regulation bill is one of the major components of the National Action Plan, and ever since the Centre has devised the action plan, the seminaries act has gone through many revisions, but it is yet to see the light of day.

Sindh was the first province of the country to start the process of registering madrasas by assigning the task to Counter Terrorism Department (CTD) Sindh chief Addl IGP Sanaullah Abbasi.

With the assistance of police, the Special Branch and the relevant government departments, the CTD has geotagged and registered all the seminaries operating across the province. Following that, the CTD was tasked with helping the provincial government devise the Deeni Madaris Act.

The News has learnt that the provincial administration has forwarded the proposed act to the federal government to suggest further amendments as well as to convene a discussion on it so that it could be implemented throughout the country right away. However, there has been no word from the Centre.

The proposed act is aimed at creating a formal mechanism for registering, regulating and facilitating religious seminaries in the province because it is essential that all citizens be treated in accordance with the law as provided in Article 4 of the constitution and there is an urgent need to recognise the system of Islamic education in Sindh.

It is also essential to draw up a legal framework for madrasas and have a formal mechanism for registering, regulating and facilitating them. The Sindh Deeni Madaris Act would extend to the entire province and come into force at once.

According to the proposed act, all madrasas operating in the province or any new seminary proposed to be established shall be required to obtain a registration certificate to be issued by the divisional registrar. Even if madrasas are already registered under any other law, they will have to obtain the registration certificate under the act within a period of six months of its coming into existence.

The applicant shall submit the registration form filled with all the required details as well as the following documents to the divisional registrar: a no-objection certificate (NOC) issued by the relevant deputy commissioner, an NOC issued by the relevant superintendent of police and an approved building plan issued by the Sindh Building Control Authority (SBCA).

The deputy commissioner shall issue an NOC after verifying that the madrasa in question is not built on state land, not situated on a highway, on an entry or exit point of any city or on any strategic location.

The DC shall also verify that the title of ownership and possession is in the name of the madrasa owners and managers, that the possession of the seminary is not contested and that the title is free from all encumbrances.

No new branch of a madrasa can be established without a separate registration. If a new branch is set up, it must be brought to the notice of the divisional commissioner and the same procedure of registration should be repeated.

The SP shall issue an NOC after verifying that no owner or manager of the madrasa in question is on the Fourth Schedule of the Anti-Terrorism Act, that they have no criminal record or they have not been found involved in any suspicious activity.

The SBCA shall approve the building plan after verifying that there are no basements or weapon towers on the premises of the seminary in question. It shall also ensure that the building has wide windows and that the master plan is not changed without its approval.

A certificate issued by the religious affairs department would also be needed to show that the faculty of the madrasa has the required expertise to impart modern-aligned non-sectarian and peaceful religious education. After ascertaining that all the required information has been provided, the divisional registrar would issue the registration certificate within 30 days of receiving the application.

If the divisional registrar feels that the application does not warrant the issuance of a registration certificate or rejects the application, a right of hearing shall be given to the applicant and, thereafter, a speaking order shall be issued.

Being aggrieved by the order issued by the divisional registrar, the applicant may approach the home secretary by filing an appeal within 30 days from the date of the order. The home secretary shall conduct a hearing of the appeal and decide it within 30 days of its filing.

All the SPs are empowered to recommend a madrasa to be placed on the watch list if its owner, manager or student body is suspected of being involved in terrorist activities, promoting sectarianism or disrupting the law and order situation.

A seminary placed on the watch list will be barred from operating, and the relevant SP shall be empowered to inspect it at any time himself or through his nominee along with the relevant magistrate when he deems fit.