Opposition to the bill amending the waqf law is tantamount to denying support to underprivileged Muslims

While proposing the Waqf Amendment Bill, the Central Government had made its intentions clear in detail. However, as expected, the Congress, Samajwadi Party, Trinamool Congress, DMK and other opposition parties have vehemently opposed it. The opposition’s opposition to the Bill only serves to underscore their motive, which is clear from the stand they have taken so far.

During the period from 2004 to 2014, i.e. when the Congress-led United Progressive Alliance was in power at the Centre, two committees were constituted – the Sachar Committee and the Joint Parliamentary Committee to review the upliftment of the Muslim community. Both the committees identified several flaws in the functioning of the Waqf Boards. The amendment bill was drafted solely on the basis of the recommendations of these committees.

Waqf Boards have benefited only a small group of people including the elite, educated and the miscreants who occupied important positions in the Board. However, the rest of the community members who are underprivileged and illiterate continue to be deprived of the benefits of this Board.

Interestingly, many people from the Muslim community across the country have filed complaints and made serious allegations regarding irregularities in the Waqf boards. Land scams by Waqf boards have not only come to light in Maharashtra but have also surfaced in other states. A bill to amend the Waqf Act has been introduced in the Parliament in this context. However, many thriving groups are speaking out against the bill as they feel it will threaten their interests. In fact, it was several opposition MPs who complained to the government that the Waqf boards have turned into a mafia stronghold.

The Waqf Boards of various states have got involved in politics. Both the Sachar Committee and the Joint Parliamentary Committee in their findings have clearly shown how these boards of various states are neglecting the development of the common Muslims. The Central Government is not repealing the existing Waqf Act but is trying to modify some of its provisions through an amendment Act.

The Waqf Boards have the unfettered right to designate any property as ‘waqf’, which means ‘endowment’. The amendment denies this unfettered right. It is to be noted that the Central Government had constituted a committee in 1976 to oversee the management of the Waqf Boards and to keep track of the funds and assets that these Boards had accumulated. The committee reviewed the properties that were owned by various Waqf Boards across the country. And now the law has been amended in light of the findings of this committee. It is mandatory to verify the validity of applications for registration of properties as ‘waqf’ and send the results to the Board. Now, the amendment bill gives the Collector the power to verify the legality of applications for registration of properties and pass a final decision.

The amendment bill includes a provision for representation of other religious communities in the central and state Waqf boards along with Muslims. It has also made it mandatory to appoint two women to the Waqf boards. As per the provisions of the original Waqf Act, 1955, the decisions passed by the Waqf Board Adjudicator (Adjudication) could not be challenged in court. The amendment bill proposes to do away with this provision, which is against the basic tenet of the Indian Constitution.

Many people have complained about the violations by the Waqf Board. Numerous complaints have also been filed against the officers of the Waqf Board. None of these issues have been addressed at any level. Now all this arbitrariness of the Waqf Board will be criticized if the amendment bill becomes a law. The Waqf Board was formed to look into the welfare of the underprivileged and downtrodden Muslims but the wealthy members of the community have never allowed this expectation to be fulfilled.

Waqf Boards had the power to designate any property as ‘waqf’ under the Waqf Act. A piece of land would be designated as waqf if a Muslim citizen claimed that it was formerly used for offering ‘namaz’ by his ancestors hundreds of years ago. Under this clause, the headquarters of Surat Municipal Corporation in Gujarat was designated as waqf. Similar cases were reported all over the country. Taking into consideration these complaints and with a view to eliminating arbitrary management of Waqf Boards, this amendment bill was proposed.

The MIM criticized the bill saying that “Waqf Board and its property are matters of our religion and the government should not interfere.” However, no member of the opposition benches ever questioned why the Waqf Act was passed when the entire country is governed by the Indian Constitution. It may be recalled that after the Supreme Court’s decision to grant maintenance to Shah Bano, a Muslim woman, in 1985, these Muslim “thekedars” raised a hue and cry. Bowing to this pressure, the Rajiv Gandhi government at that time amended the fundamental law and took away the right of Muslim women to seek maintenance. Unfortunately, none of the progressives and intellectuals of those times questioned the Rajiv Gandhi government and tried to seek justice for Muslim women.

The Waqf Board, which owns over 8 lakh acres of land across the country, has been in the news recently for several unethical activities. The amendment bill will not only discipline the boards but also benefit impoverished Muslims. The bill is sure to infuriate the self-styled ‘thekedars’ of the community. They were expected to oppose it as it would put an end to their misdeeds. Established members of the Muslim community do not want their community to thrive among the underprivileged and destitute. The nation saw these established members join hands and support the BJP opponents during the Lok Sabha elections. And today, opposition parties, including the Congress, are against the bill, mainly to appease these individuals.

END OF ARTICLE