The Waqf Bill Is Very Dangerous

This is very surprising because the government instead of protecting Waqf properties they are snatching it away and not allowing them to go to court.' The third biggest land owner in India is the Waqf Board after the Indian Army and Indian Railways.

On Thursday, August 8, 2024, the Centre introduced the Waqf (amendment) Bill in the Lok Sabha, and even though the government's allies like Janata Dal-United and Telugu Desam Party extended support, the vociferous opposition to the bill led the government to agree to send it to a Joint Parliamentary Committee for greater scrutiny.

Under this proposed amendment, in any dispute over Waqf properties, the Waqf Board cannot approach the court. It is only the 11th bill to be referred to a JPC since 2015. The last time the Wakf  Act saw major changes was in 1995 during the P V Narasimha Rao government's tenure.

While the Narendra D Modi government believes reform is overdue in Waqf matters, the Opposition believes the amendments are draconian, unconstitutional and an interference in Islam. Waqf Boards currently control 870,000 properties extending over 940,000 acres all over India, that are valued at Rs 1.2 lakh crores.

In Islam there is a provision that any person can donate his wealth for the betterment and welfare of poor orphans or destitute women by giving it to the Waqf, which is like a trust.

This trust will work for the betterment of the poor orphans and destitute women. And this cannot be a government property because it is donated by a private individual to Waqf.

If a Muslim has four homes, he may give two to his children and two to Waqf because he wants the welfare system to be continued after his death. This is present across the world in Islamic countries and so does it in India.

The Waqf Boards administers Waqf properties across India. It will be difficult to give a date but it is assumed that since Islam spread in India, Waqf exists. The British, when they conquered India, made the Waqf law.

It continued and the last amendment to the Wakf Act was done in 1995. It was decided then that Waqf will be used for the welfare of poor Muslims but the management of Waqf will be done by the government's intervention. The Waqf Board will be appointed by the Government of India or the respective state governments.

There was never a ban on a non-Muslim becoming a Waqf Board member. It was just an understanding that only Muslims will run the Waqf Board and an under-secretary in the government will be appointed to run the Waqf Board. Right now, it is under the minority affairs ministry.

They have done good work in maintaining dargahs, graveyards, madrasas and masjids. There are many orphanages too that are run by the Waqf Board.

The proposed amendment opposes the very hidden and malafide intention of the government. The intention of the new bill is to finish off the Wakf Act and to control the Waqf Board, says Muslim Federation of India national president advocate at higher judiciary and Chairman of Working Committee of Freedom Party MA Mujeeb.

The present dispensation it is wrong on the part of the Narendra Modi speaks about one nation and one law and here you are making a different law for Muslims, while there is alot of Social Injustice to Muslims as Chamars, Scavengers, Scheduled Tribes among Muslims are denied reservation on par with their counterparts among similar profession practiced Hindu or Moolavasy Shudras under the Manuwadies promoting Hind State like that of the New State Khalistan from Panjab. 

In Manipur the chursches and Masjids, Churches and dargahs are pulled down and their women abused made to be paraded nacked publicly in the day light by BJP ruling State actors "The one law to all, does not work against the Hindu or Manuwady terrorits" the focus should be more on these issues" 

While those demanding Khalistan are trated as the terrorits, the Manuwadies Hindu despaite they indulge in lynchinf of hundreds of beef eaters, their properties are pulled down, their places of worship are distroyed and illegally pulled down among the Dalits, OBCs and Muslim and Christian minorities by the State sponsored actor are never been classified as Manuwad Terrorists. It is bettter Govenment should restrain from saying one nation and one law for different faths and different traditions .. 

The barbers, butchers, washermen, Sheppards etc among Hindus are grouped under OBCs and get all the  State allowances while the similar underprivileged among Muslims are treated as from upper castes and deprived of the State benefits. 

That is why there is no need for any Special Laws of this nature to enforce RSS  and customs.  One nation is always demonstrated under the freedom fighters promoted national integration, Unity and national Integrity. But the present government believes in dividing the people to continue in power.

Yes, under this amendment, in any dispute over Waqf properties, the Waqf Board cannot approach the court. This is a very surprising decision because the government instead of protecting Waqf properties they are snatching it away and not allowing them to go to court.

This is very dangerous because Waqf properties are spread across India. The third biggest landowner in India is the Waqf Board after the Indian Army and Indian Railways.

The government factually should help the Waqf Boards to remove the encroachers from Waqf Lands but in reality the governments in power do just the opposite and encourage encroachments of God's properties, sitting on Waqf properties and are not used for the welfare of Muslims. 

Instead, they are trying to curtail the rights of the Waqf Board. Unfair and malafide intentions of the Governments. Therefore, the intention of the government looks like it is not positive and not right.

People who are opposing the Wakf Act in its current form say that if the Waqf Board claims a right on any property in India it becomes theirs and there is no court hearing for that. 

Waqf records are available from the Mughal days. The Waqf Board cannot come and demand you to vacate your home as it is being portrayed. It is a ridiculous argument that the homeless among poor Muslims  will be evacuated from Waqf properties to de-promote from their income.

They want to digitise all Waqf records in six months to do so. It will take at least four years to do this work because there is too much encroachment. If there is one property where there is maximum encroachment in India, it is in Waqf properties.

When one talks about the Wakf Board's income, it is low because they have rented out their properties many years ago. In the new bill the rule says the Waqf management will only get 5 percent of that income while earlier it was 7 percent.

There is a lot of misuse or abuse of position or corruption in the Waqf Board. There is, no doubt, because whichever government came to power in the states or Centre, they have their own supporters in the Waqf Board. 
There was no criteria in Board members election like that of local Govt elected representatives to compete for best services or appointing of the board members like they must be Muslim ex-judges or renowned advocates or ex-teachers or former soldiers or social workers or by such specialised profession.

The only criteria was that they must be close to the ruling party, and even if they are uneducated they got the post.

The Waqf Board even declares ASI-protected monuments as its property. It is not like that. In the past there are Waqf properties that have gone to the Archaeological Survey of India, like the Safdarjung Tomb and the Qutb mosque in Delhi which is under the ASI. At the Taj Mahal there is a mosque which was with the Waqf Board but is now with the ASI and Muslims are not allowed to pray there.

When we talk about any benefit that will come from the proposed amendment, there is only one benefit as there will be registration. The flip side is if they do not do it in six months there will be trouble.

About the adjudicative power of Waqf properties, it is governed by the Wakf Tribunal they derive from the respective Waqf Board.

These Governments are reducing the tribunal powers of the Waqf Board. This right is given by the Government of India to tribunals but, then, why single out the Waqf tribunal only, while there are 70 to 80 such tribunals in India headed by Brahmin judges, as if there is shortage of  Muslim advocates or law practitioners. Unfortunate.