(File photo)

NEW DELHI: Legal opinion to the Home Ministry has favoured declaration of Islamic Research Foundation (IRF), the NGO run by Salafist preacher Zakir Naik, as an "unlawful association" under the Unlawful Association (Prevention) Act (UAPA). The grounds to be cited for the ban may include spreading hatred between religious communities through public speeches and activities and "forced conversions" by its members.

An 'unlawful' association is different from a 'terrorist' organisation declared under UAPA. The law, while defining an "unlawful association", covers any organisation "which has for its object any activity that is punishable under Section 153A or 153B of IPC".

Any organisation declared as 'unlawful' will be banned from recruiting members and face closure of all its offices and interests across the country.

Zakir Naik's interests here include IRF and IRF Educational Trust. The latter runs the Islamic International School in Mumbai. The NGOs also own some prime properties. Sources in the law enforcement agencies told TOI some legal issues had to be sorted before action is initiated against IRF, especially in view of absence of an anti-conversion law in Maharashtra.

The home ministry was also examining possible FCRA violations by IRF and IRF Educational Trust, both registered as “educational” NGOs under FCRA. However, once IRF is declared 'unlawful', it will face a ban on not only receiving foreign funding but also domestic funding.

A key area examined by the Central agencies while weighing option of a ban on IRF has been the alleged involvement of IRF/IRF members in “forced” conversions, as borne out by investigations into a case registered by the Kerala Police. Legal opinion was sought on whether this makes the foundation liable for criminal action, given that Maharashtra, where conversions mostly took place, is yet to enact a law against ‘forced’ conversions.

While Article 25 of the Constitution allows all citizens freedom to profess and practice religion of their choice, it does not expressly deal with the issue of “forced” conversions.

Though a private member’s Bill dealing with forced conversions was introduced in the Maharashtra assembly last year, it was never taken up or passed by it.

Sources, however, indicated that the lack of an anti-conversion law in Maharashtra, where the IRF and IRF Educational Trust is registered, may not affect possible action against the converting entity if forcible nature of the conversion is established. According to Constitutional expert Subhash C Kashyap, just like Article 25 of the Constitution provides for ‘free profession, practice and propagation of religion’, a “forced” conversion may be deemed a violation as use of force to convert a person would amount to preventing him/her from following his chosen religion.

The law enforcement agencies are treading with care on any action against Zakir Naik or his interests here, given his popularity among a section of Muslims. Inputs suggest that Naik, a popular figure in the Saudi Arabia and other Gulf countries which have granted him resident visa, has no plans to return to Mumbai in the near future. In a recent media interaction, he claimed to have done no wrong or ever endorsed terrorism.

