THERE IS AN AGENDA BEHIND WAQF AMENDMENT BILL

When India was partitioned along religious lines, people hurriedly moved to cross the newly drawn borders. It was an apocalyptic spectre! However, interventions by leaders such as Maulana Azad, whose famous speech at Jama Masjid, provided some reassurance, slowing the pace of mass migration by giving Muslims a sense of security. At the same time, the Hindu Mahasabha unleashed violence, with killings, looting, and arson targeting Muslims. Fearing for their lives, many Muslims took refuge in transit camps in Delhi. Once the violence subsided, the properties of Muslims who fled were labelled as “Evacuee Property” and handed over to Hindu refugees coming from the other side of the border.

The recent debate over the amendment to the Waqf law needs to be contextualised with the above-stated history of India. A close reading of the Waqf Amendment Bill 2024 provisions, which Narendra Modi’s government is pushing with full vigour, seems driven by an agenda to favour certain groups while weakening others. Waqf, the third-largest landowner in the country, has legitimate claims over various prominent properties, from Bengaluru’s Idgah to Hyderabad’s airport. However, this extensive land ownership has drawn the rage of anti-Muslim groups who have long called for the Waqf Board’s abolition and the government’s complete takeover of its lands.

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Why To Oppose The Bill? 

The bill seeks to enhance efficiency and ensure smooth management of the Waqf Board. The most objectionable part of the bill is the inclusion of non-Muslims in the council, which is being criticized by Muslim bodies as undue interference in sacred religious rights. Furthermore, Clause 15 of the proposed bill states that a CEO shall be appointed by the State Government, and shall not be below the rank of Joint Secretary of the State. However, the parent law mandates that the CEO must be a Muslim, and Muslims are perceiving this change as a systematic exclusion of Muslims from the board. The most draconian part of the bill is the empowerment of the collector. Previously, it was in the hands of Waqf to appoint a survey commissioner and make its own decisions regarding the finality of any property. However, the proposed bill seeks to replace this, granting absolute power to the collector. This shift in authority is expected to significantly weaken the Waqf Board, leading to the potential loss of more and more properties. AIMPLB, Jamiat Ulema and other bodies in this regard have strongly condemned this amendment and termed it as a violation of religious rights. 

Massive Waqf Land Encroachment And Its Dwindling Status

Is the Waqf Board the third-largest landowner in India as it is being claimed? The answer is yes, but widespread encroachments have reduced its control to less than 25% of its original holdings. For instance, Kashmiri activist MM Shuja filed an RTI and discovered that over 1,400 kanals of Waqf land in Jammu and Kashmir have been illegally occupied. A similar situation occurred in Hyderabad, where 75% of Waqf land was encroached upon. Due to this extensive land encroachment, the Waqf Board’s landholdings have dwindled significantly. In response to a question asked by a Member of Parliament in 2019, the government stated that approximately 17,000 properties were under encroachment. In 2021, the then-chairman of the National Commission for Minorities, Atif Rashid, mentioned that Prime Minister Modi was concerned about the encroachment on Waqf land, he further added that It was his vision to free Waqf Board from illegal grabbing and encroachments. The large-scale encroachment significantly reduced the land holdings of the Waqf Board. Speaking to TOI, the Telangana Waqf Chairman confirmed that only 20% of the land was free of litigation. It’s alarming to consider where 80% of the land has disappeared and who is accountable for this serious encroachment. 

The demand to take control of Waqf property is not new. Extremist Hindutva groups such as Yushv Hindu Parishad, Hindu Yuva Vahini and Bajrang Dal have often contested these lands. Complaints from the VHP and other organizations show that most encroachments on Waqf property have been either by Hindus or they are possibly resentful seeing its extensive land ownership. The historical accounts suggest that Hindu Mahasabha played a significant role in killings, lootings, and arsons of Muslim properties during partition. It resulted in the mass migration of Muslims, some fled other side of the border, while some escaped to transit camps. Subsequently, when the situation pacified the properties left out by Muslims who did not even leave the country were granted to Hindu refugees coming from the other side of the border. This paradigm of hate and forceful encroachment by government and individuals led Muslims to push into areas infamously known as “Muslim Ilaqa.” Since the formation of these Muslim-dominated areas, right-wing groups have been labelling them “mini Pakistan” and repeatedly questioned their loyalty to India. 

Will Women’s Participation Ensure The Smooth Functioning of Waqf?

Some of the provisions of the newly proposed bill undoubtedly seem to favour women and encourage their equal participation in the management of Waqf. However, the question arises: did the 1995 Waqf Act bar women from participating in Waqf affairs? The 1995 Waqf Act had no gender-specific preferential intent; rather, it focused on merit-based preferences. In fact, in 2016, a woman named Lubna Sarwath from Hyderabad submitted her nomination to the Welfare Department of Waqf for the position of secretary which clearly defines the diversity and openness of Waqf. As highlighted by the Sachar Committee, the literacy rate among Muslim women is low, and they need special attention for their upliftment. Astonishingly, the government based its justification for the amendment on selective recommendations of the Sachar Committee, while ignoring others. The agenda appears to be biased, favouring certain sections through ‘appeasement politics,’ in which they seem most adept. “ Diversity in all its forms is the path to greatness“  If women’s participation is mandated through this bill, there is no doubt that such diversity will help the Board to achieve its goal of smooth functioning. 

The key concerns being raised by Muslim organizations and opposition blocs include the unnecessary inclusion of non-Muslims, the arbitrary and discretionary powers granted to the collector, the membership process to Waqf Council allowing non-Muslims, and the inheritance rights to Waqf alal Aulad. Apart from this, a major issue that may arise once the act is passed is the registration process. According to the draft of the bill, properties need to be uploaded on the portal, and the central government may establish rules for this. What happens if they require a sale deed or other documents for registration? Therefore, the role of Muslim organizations and opposition political parties is of utmost importance. They must take a leading role in preventing this bill from being passed. Or else the community will further go towards marginalisation and end up eroding hope from the system. 

Arshad Azmi is a Social Activist & Student at the Department of English, AMU, Aligarh. 

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