WAQF Amendment bill- Need of Hour

Why the Muslim Community’s Opposition to the Waqf Amendment Bill is a Threat to India’s Progress

India, being a secular nation, has an unusual legal framework where an exclusive set of laws governs only one religious community. The Waqf Act of 1995, passed during the Congress regime, gave massive control over land and properties to Waqf boards, making them one of the largest landholders in India. The recent Waqf Amendment Bill, introduced by the BJP-led government, aimed to bring transparency, accountability, and fairness to this system. However, the All India Majlis-e-Ittehad-ul-Muslimeen (AIMIM) and its leader Asaduddin Owaisi, along with other opposition parties, have vehemently opposed it, exposing their vote-bank politics and resistance to much-needed reforms.

The Waqf Amendment Bill introduces several pivotal reforms:

• Redefining Authority Over Waqf Properties: The bill proposes to remove the Waqf Board's unilateral power to declare properties as Waqf. Instead, it designates the District Collector as the arbiter to determine whether a property is Waqf or government land, ensuring a more balanced and impartial decision-making process.

• Inclusive Representation: To promote diversity and inclusivity, the bill mandates the inclusion of two Muslim women and two non-Muslim members in the Waqf Board. This move aims to democratize the board's composition and ensure broader representation.

• Mandatory Documentation: The bill stipulates that no Waqf can be created without the execution of a Waqf deed, ensuring that all Waqf properties are backed by proper legal documentation.

Why is the Muslim Community Opposing It?

Despite the evident benefits, a section of the Muslim community, influenced by radical leaders like Owaisi, has chosen to reject the bill. The reasons behind their opposition are not based on logic or national interest but rather:

• Fear of Losing Absolute Control Over Waqf Properties: Waqf Boards currently control over 8 lakh acres of land across India, more than even the Indian Railways. The new amendments aim to regulate these properties, making them more accountable.

• Opposition Fueled by Political Interests: Leaders like Owaisi and other so-called secular politicians use the Waqf issue to create fear among Muslims, portraying the bill as an attack on Islam rather than a reform for transparency.

• Misinformation and Lack of Awareness: Many Muslims who are opposing the bill are unaware that it does not take away Waqf land but only ensures that it is used legally and for the intended purpose.

How the Waqf System Harms India’s Development

1. Unchecked Land Control and Encroachment

Waqf Boards have claimed government and private lands as "Waqf properties" without evidence, affecting Hindus, Dalits, and even state projects. The Karnataka High Court in 2023 ruled that Waqf land cannot be considered outside government jurisdiction, exposing the illegal control Waqf Boards have enjoyed for decades.

2. Discriminatory Laws in a Secular Nation

India has no equivalent Hindu or Christian religious property board. Why should Waqf Boards have extraordinary legal protections? The Supreme Court has repeatedly criticized Waqf Boards for their lack of transparency in land deals.

3. Political Hindrance to Development

Waqf land encroachments have delayed major infrastructure projects, including roads, metro stations, and government buildings. The Mumbai Metro project, for example, faced legal hurdles because Waqf Boards claimed ownership over lands meant for public use.

Opposition from Muslim Leaders

Despite the bill's clear intent to foster transparency and inclusivity, it has faced staunch opposition:

• Mirwaiz Umar Farooq, head of the Mutahida Majlis-E-Ulema (MMU), has labeled the bill as a move to "disempower Muslims," alleging political motivations behind its introduction.

• The All India Muslim Personal Law Board (AIMPLB) has expressed concerns that the amendments could alter the nature of Waqf properties and make it easier for the government or individuals to usurp them.

The Imperative for Reform

The opposition to the Waqf Amendment Bill appears to stem from a reluctance to relinquish unchecked authority and a resistance to accountability. It's crucial to recognize that the bill does not aim to usurp Waqf properties but seeks to ensure their proper management for the benefit of the community and the nation.

India, as a secular nation, must ensure that all religious institutions operate within a framework of transparency and accountability. The proposed amendments strive to achieve this balance, ensuring that Waqf properties are managed effectively and ethically.

Who Benefits from the Waqf Amendment Bill?

• Hindus and Non-Muslims: Many have lost properties due to unjust Waqf claims. This bill ensures fair legal rights for all.

• Genuine Muslims: Many Waqf properties are misused by corrupt officials. The bill will ensure Waqf wealth actually helps poor Muslims.

• State Governments: Better regulation of Waqf properties will boost infrastructure and development without unnecessary legal battles.

• Taxpayers: Waqf Boards enjoy special privileges without accountability, and taxpayers unknowingly fund corruption and misuse of Waqf wealth.

Conclusion: Why BJP’s Move is a Step Towards True Secularism

The BJP government has once again proven its commitment to justice, transparency, and development. The opposition to the Waqf Amendment Bill is purely politically motivated, driven by leaders who exploit religious sentiments for votes. It is high time that India removes the unconstitutional privileges given to Waqf Boards and ensures that land laws apply equally to all—be it Hindu, Muslim, or Christian.