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Tag: Waqf Act

  • Waqf Board’s Unlimited Powers To Be Trimmed; Asaduddin Owaisi Smells Conspiracy |

    The opposition might be in for a shock with the NDA government’s next move. It was anticipated that the BJP would play safe on the back foot. However, the Modi government is now bringing a bill that might be another bone of contention between the ruling alliance and the opposition INDIA bloc. The Centre is likely to table in Parliament a Bill to amend the 1995 law governing Waqf boards. The move is aimed at trimming the unlimited powers assigned to the waqf boards and ensuring more accountability and transparency in their functioning. The bill will also propose mandatory inclusion of women in these bodies. 

    ‘Hindutva Agenda’: Opposition

    While the government has claimed that the demand for reform came from within the Muslim community, the opposition has smelled a conspiracy behind the move. AIMIM Chief Asaduddin Owaisi said that it shows that the Modi government wants to snatch away the autonomy of the board and intends to interfere in its functioning. “I can say that whatever has been written in the media about this proposed amendment shows that the Modi government wants to take away the autonomy of the Waqf Board and it wants to interfere. This itself is against the freedom of religion.”

    The Hyderabad MP also alleged that the BJP has been against these boards and Waqf properties from the very beginning and they have been working on a ‘Hindutva agenda’. “Now if you make amendments to the establishment and composition of the Waqf board, then there will be administrative chaos, loss of autonomy of the Waqf board and if the control of the government increases over the Waqf Board, then the independence of Waqf will be affected. In the media report, it is written that if there is any disputed property, then these people will say that the property is disputed, and we will get it surveyed. The survey will be conducted by the BJP, CMs and you know what will be its result. There are many such dargahs in our India where BJP-RSS claims that they are not dargahs and mosques, so the executive is trying to snatch the power of the judiciary,” he added.

    Congress leader Naseem Khan also reacted sharply to the development saying the move won’t be tolerated. “The rules of the Waqf Board are very clear. Once a Waqf, always Waqf. The current Waqf Act protects the properties of the Waqf. The Waqf properties can be used for the welfare of the Muslim community. If the central government is planning on intervening in the Waqf board by bringing amendments to the Waqf Act to exercise their right to Waqf properties, it will not be tolerated,” Naseem Khan said.

    The All India Muslim Personal Law Board (AIMPLB) also urged allies of the NDA and opposition parties to “completely reject any such move” and not allow such amendments to be passed in Parliament.

    What Is The New Waqf Act Bill?

    The Bill to amend the Wakf Act, 1995, will mandate that Waqf boards register their properties with district collectors to ensure accurate valuation. India has 30 Waqf boards, and reports estimate that the annual revenue from all Waqf properties is around Rs 200 crore, which seems disproportionate to the number of properties they hold.

    Initially, Waqf boards managed about 52,000 properties across India. By 2009, this number had grown to 300,000 registered properties covering four lakh acres. Currently, there are 872,292 Waqf properties spanning over eight lakh acres. Sources emphasize that revenue generated from these properties can only be used for the welfare of the Muslim community.

    The amendment Bill, featuring 40 changes to the current law, might be introduced in the ongoing Parliament session. The government intends to pass the Bill promptly. Key changes include verifying land before it is designated as Waqf property. Fresh verification of disputed lands claimed by various state boards will also be sought, according to the proposed bill. The changes with regard to the composition of the Waqf boards will ensure the inclusion of women in these bodies.

    BJP, Government’s Defence

    As per reports, the recommendations of the Justice Sachar Commission and the joint committee of Parliament headed by K Rahman Khan had suggested a few of the reasons for amending the law. In the past, some Muslim high court judges had flagged that the decision taken by Waqf boards cannot be challenged in court. Now, the amendment bill seeks to set that right.

    Senior BJP leader Dinesh Sharma said Bohra and other members of the Muslim community have raised the issue of anomalies by Waqf boards. The main reason behind this is that there have been complaints against Waqf boards, made for benefitting the minorities, being involved in other works, he claimed.

    “Demand for improvement in Waqf board is not new, it has been going on for the past 30-40 years. Those who are raising this demand and affected by it are Muslims themselves. There is a need for betterment in the Waqf board and I hope Samajwadi Party, Congress and TMC will support it (the Bill), whenever it is introduced,” said BJP leader Ajay Alok. (With agency inputs)

  • Delhi HC seeks Centre’s stand on PIL towards validity of Waqf Act

    By way of PTI

    NEW DELHI: The Delhi Prime Court docket Thursday sought the stand of the Central govt and Central Waqf Council on a PIL in search of to claim that the Waqf Act is in violation of the Charter and that personal homes of electorate can simplest be ruled through a Uniform Civil Code.

    A bench of Appearing Leader Justice Vipin Sanghi and Justice Navin Chawla issued realize at the petition through Devendra Nath Tripathi and granted time to the respondents to report their reaction.

    The petitioner claimed within the petition that the Union of India does no longer have the legislative competence to make rules relating to ‘Waqf’ and non secular homes on the exclusion of Non-Muslim electorate of the rustic and a welfare State is duty-bound to offer equivalent social, financial, political and non secular freedom and alternatives to each citizen of India and rules like Waqf Act haven’t any position.

    “The Waqf Act, 1995 is bigoted because the legislature does not have the desired competence to make such rules underneath access 10 or 28 of the Concurrent-list of seventh Agenda and subsequently the similar should be struck-down through this Hon’ble Court docket. A welfare state managing the non secular Waqf homes is an immediate violation of the scheme of the Charter and extra in particular Articles 14, 15 & 21 of the Charter, except for in breach of the Preamble,” the petition stated.

    It additional stated that the control of Waqf homes is basically completed on non secular traces and the State isn’t accepted to keep an eye on the similar for one faith in exclusion of others.

    “The Petitioner is difficult the validity of inter-alia Sections 4, 5, 6, 7, 8, 9, 14, and 16(a) of the Waqf Act. 1995, as those provisions grant particular standing to Waqf homes denying equivalent standing to different Non-Muslims and subsequently confer unbridled powers to Waqf Forums via Tribunals constituted underneath the Act,” the petition stated.

    “Even in a different way the Waqf Act has no longer been ready to salvage the socio-economic stipulations of the vast majority of the Muslims in our nation, who’re anyhow, sunk into deep poverty. They’re employees, agricultural labourers, and peasants who are living in excessive poverty, and subsequently a UCC can simplest be a solution,” it added.

    The petition additionally argued that the introduction of the Waqf Tribunal for non secular homes of Muslims is bigoted and the Parliament has no energy to create any Tribunal past the scope of its legislative powers.

    The topic could be heard subsequent on July 28.