WAQF Amendment bill- much needed

The Waqf Amendment Bill: A Bold Step Towards True Secularism in India

India, a nation built on the ethos of secularism, has long witnessed contentious debates around religious practices and their implications for governance. One such debate revolves around waqf properties, which have often been a subject of misuse, leading to social and economic disparities. The recently introduced Waqf Amendment Bill by the BJP government seeks to address these issues, ensuring equitable rights for all citizens while holding accountable those exploiting religion for personal gain.

What is Waqf, and Why Does It Matter?

Waqf refers to the practice of dedicating movable or immovable property for religious or charitable purposes under Islamic law. The Waqf Board manages these properties, often including vast tracts of prime land across India. According to the Central Waqf Council, over 6 lakh acres of land in India is classified as waqf property, much of it situated in urban areas.

While the concept was meant for welfare and charity, waqf management has been riddled with allegations of corruption, land grabbing, and mismanagement. Properties meant for public good have often been used for personal gain, while their opaque governance has excluded non-Muslims from any oversight, raising questions about fairness in a secular nation.

How the Waqf Amendment Bill Aims to Restore Balance

The Waqf Amendment Bill, proposed by the BJP, introduces reforms to democratize the administration of waqf properties. Key provisions include:

• Transparency in Land Records: Mandatory digitization and public availability of waqf land records to curb illegal encroachments and unaccounted-for transactions.

• Checks on Arbitrary Claims: Preventing the arbitrary declaration of public or private properties as waqf land without legal scrutiny.

• Equal Representation: Provisions for broader, multi-faith representation in waqf boards to ensure accountability in a secular framework.

The BJP’s strategy emphasizes “sabka saath, sabka vikas”, aiming to create a level playing field where all citizens, irrespective of their religion, enjoy equal rights. This approach directly challenges the historical practice of granting preferential treatment to a particular community in the name of secularism.

Notable Instances of Waqf Property Acquisitions and Disputes

• Bengaluru Eidgah Ground: Dating back to the 1850s, this ground has been a subject of contention, with the Waqf Board asserting its claim over the property. Such historical claims often lead to legal disputes, affecting local communities and governance.

• Surat Municipal Corporation Building: The Waqf Board claimed ownership of this building based on its historical use as a 'sarai' during the Mughal era. These retrospective claims can lead to administrative challenges and legal battles over property rights.

• Tamil Nadu Land Disputes: In Tamil Nadu, instances have arisen where individuals, unaware of their land being registered as Waqf property, faced legal hurdles when attempting to sell or develop their ancestral lands. Such situations have led to significant distress among landowners.

• Karnataka Waqf Board Land Scam: A 2012 report by the Karnataka State Minorities Commission alleged that approximately 27,000 acres of land managed by the Karnataka Waqf Board had been misappropriated or allocated illegally. The estimated value of this land was around Rs.2 lakh crore, highlighting significant governance and oversight issues within the Waqf management system.

• Telangana Land Reclamation Efforts: The Telangana Waqf Board is engaged in legal battles to reclaim over 55,000 acres of encroached property, currently involved in approximately 3,500 legal cases. This underscores the challenges faced in managing and protecting Waqf properties from unauthorized occupation.

Misuse of Waqf Properties: A Growing Concern

Over the years, waqf properties have been at the center of controversial land disputes. Here are some glaring examples:

• Land Encroachments: In several cases, prime waqf land worth billions of rupees has been illegally encroached upon or leased at throwaway prices, benefiting private individuals rather than the community.

• Opaque Administration: Waqf boards, often dominated by Islamic clerics, operate with little accountability, leading to unchecked corruption. The 2016 CAG report revealed irregularities in waqf land management worth over Rs.12,000 crores.

• Demand for Exclusive Rights: Islamist groups have repeatedly demanded autonomous control over waqf properties, refusing governmental or judicial oversight. This defiance challenges the very essence of India's secular identity.

India’s Secular Fabric Under Threat

The opposition to the Waqf Amendment Bill stems from a distorted interpretation of secularism, where one community’s religious rights are prioritized over national interests. India’s secularism is not about appeasement but ensuring equality before the law.

Consider instances where demands for exclusive privileges have undermined secular principles:

• Triple Talaq Ban: Islamist groups resisted the BJP-led government’s efforts to ban the discriminatory practice, claiming it was an attack on their religion.

• Hijab Row: A push for special treatment in educational institutions, bypassing uniform codes, showcases how religious identity is often prioritized over national unity.

BJP’s Vision: Equality for All, Appeasement for None

The BJP’s commitment to one nation, one law is evident in its push for reforms like the Uniform Civil Code and the Waqf Amendment Bill. These initiatives aim to dismantle archaic systems that favor one group at the expense of others, fostering a truly secular and inclusive India.

In the Name of Religion: How Waqf Land is Misused

Prime waqf properties in urban areas like Delhi, Mumbai, and Hyderabad, worth billions of rupees, remain underutilized or mismanaged. Instead of serving public welfare, many such properties are used for personal benefits, commercial gains, or even anti-national activities. For instance:

Reports suggest waqf lands in Karnataka were leased to private entities at nominal rates, causing significant revenue loss to the state.

In Telangana, land disputes involving waqf properties have led to communal tensions, disrupting social harmony.

Conclusion: Time for Bold Reforms

The Waqf Amendment Bill is not an attack on any religion but a much-needed step toward reclaiming the true spirit of secularism. It aims to ensure that religious institutions operate transparently and within the legal framework, benefiting the entire nation rather than a select few.

By addressing the misuse of waqf properties and ensuring equal rights for all, the BJP is paving the way for a more just and equitable India. It’s time to move beyond appeasement politics and embrace reforms that prioritize national interest over communal favoritism.