It was only last year that at his behest 146 members were expelled from the Lok Sabha to ensure that he succeeds in his mission to replace the IPC and CrPC through three draconian laws. He used his big majority in Lok Sabha to muzzle the system of democratic functioning and parliamentary laws and procedures. He even ignored the persistent demand of opposition to refer Adani’s financial deal to JPC for a detailed probe. But regrettably for Modi, the man who resorted to ruthless authoritarian machinations to deny the opposition and gag their voice could not have his way this time. He has finally been forced to test the peoples’ power.

The Waqf Amendment Bill which has been introduced in parliament is ominous and simply aimed at taking away the rights of the Muslims to make decisions about their religious affairs. Amendments are not so rosy as are being made out by Modi’s colleagues and partymen. These are quite pretentious. The Bill proposes to protect government properties from being declared waqf, empowers DMs to survey waqf land & play arbiter in disputes, while also limiting powers of waqf tribunals. It also proposes sweeping changes such as like major say to the Centre in waqf matters and inclusion of non-Muslims in waqf boards, among others.

Currently, waqf boards control 8.72 lakh properties spanning 9.4 lakh acres across India, with an estimated value of Rs 1.2 lakh crore. At the same time, there are, according to government sources, around 40,951 waqf-related cases pending in waqf tribunals. in April this year, the Supreme Court had ruled that the Waqf tribunal is an adjudicatory authority, while the waqf board only deals with issues related to administration of waqf properties.

The bill proposes making the district collector an arbiter and responsible for survey of waqf properties. It also lays down the process which is to be followed before a property is declared as waqf. The first legislation to regulate waqfs was enacted in the British raj in 1923. It was named as 'The Mussalman Waqf Act 1923'. It was established for the purpose of advising the British officials in matters pertaining to the working of the State Waqf Boards and proper administration of the Waqfs in the country. Waqf is a permanent dedication of movable or immovable properties for religious activities as recognized by Muslim Law. The grant is known as mushrut-ul-khidmat, while a person making such dedication is known as Wakif.

It cannot be denied that the managing committees of the waqf boards are having some inherent problems. It also cannot be ruled out that the members running the board are having vested interest. But on the plea of solving these problems it is not proper that the authority and rights of the waqf boards should be curtailed and snatched. The proposed Bill in fact on the plea of carrying out amendments intends to completely rewrite the existing law, else there is no reason that it should suggest 44 amendments for “effective management” of waqf properties and to “enhance efficiency” of waqf administration. Curiously Modi government also intends to rename the current Act to ‘Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995’.

Modi government instead of ensuring that the waqfs strictly adhere to the laws, has been planning to take away waqfs from the control of Muslims. Else there is no reason to renew definition of the Centre’s power to frame rules, protection for government properties from being declared waqf (even prior to notification of the new amendments) and making district collectors arbiters in waqf-related disputes. Bill also proposes to make the Limitation Act of 1963 applicable to waqf properties. If implemented, it would prevent waqf boards from seeking legal recourse to remove alleged encroachers who have occupied waqf properties for 12 years or more.

As the laws and rules of waqfs make explicit that only praticising Muslims can get involved in the affairs of waqfs, then how Modi could go against this tenet and allow non Muslims to become members of waqf boards. It is something similar to Modi’s machination that he resorted to in the case of Kashmir. He brought changes in the domicile rule and as a result of this, non-Kashmiris from any part of India can purchase land in Kashmir. Till enactment of the law no outsider was allowed to purchase land as it would severely affect the demographic character of the valley. Modi government is resorting to same tactics in the case of waqfs. If once it allows non-Muslims to be members of the waqf boards and councils, it would open the flood gate for major manipulation.

Whatever explanations Modi government may place in public for justifying its actions, it is absolutely clear that it is the part of the deep rooted conspiracy of the saffron ecosystem to deny Muslims their rights and make them lose their identity. Significantly the bill proposes to omit section 107 of the Act and to bring waqf properties under the ambit of the Limitation Act of 1963. This is simply a tacit design to prevent waqf boards from seeking legal recourse to remove alleged encroachment on its property.

The Waqf Act of 1954 was the first post-Independence legislation to govern waqf properties. It was replaced by a new Waqf Act in 1995. The UPA government introduced amendments in the Act in 2013 giving waqf boards in states and UTs powers to manage waqf properties. Waqf properties, though, have been involved in their share of disputes. Obviously question arises what prompted Modi to bring about changes in the existing law? His colleague Kiren Rijiju is known for coming out with irrelevant and illogical explanation. While justifying the amendment bill he said since the colonial era legislation has become obsolete, it is imperative to repeal the Mussalman Wakf Act, 1923. Astonishing how could he describe an Act that was passed in 1995 as colonial era legislation? Who is trying to fool.?

Protagonists of the Hindutva have been quite vocal against the waqfs and madarasas. They perceive these bodies as the financial source and strength of the Muslims. Once these two bodies are taken out of the control of the Muslims, they would be rendered ineffective. This is also a cunning move to deprive them of their rights. The Bill seeks to omit Section 40 of the current law relating to the powers of the board to decide if a property is Waqf property. If Modi feels that the waqfs are not functioning as they should have, he should have summoned the top Muslims clergies, religious and political leaders and held a detailed discussion to evolve a consensus. But he did not follow this. Modi plans to omit section 40 and empower the district collector to inquire into any cases where a government property is identified or declared as Waqf property. Section 40 of the Waqf Act, 1995, gives Waqf boards the power to decide if a property is Waqf property.

The All-India Muslim Personal Law Board’s (AIMPLB) is certainly not compatible. Mere objecting to the BJP government’s move would not help the Muslims. The perception that the waqfs are source for making illegal money would continue to haunt even a larger section of Muslims, especially Sunnis. Naturally to alleviate any wrong perception and notion and more for the compulsion to not to allow the communal and fundamental organisations to indulge in divisive politics, the AIMPLB must carry out thorough audit of the functioning of these bodies.

Their exhortation that any interference with the legal status and the powers of the Waqf boards will not be tolerated, will simply turn it more suspicious in the eyes the Muslims and provide opportunity to the communal forces to vitiate the social relations. There are many dargahs and mosques in our country which BJP-RSS claim are not dargahs and mosques. There is no denying that Modi has brought this Bill without any discussion with the concerned Muslim organizations and the stakeholders with the pure aim of political gain or polarize the Hindus before the upcoming elections. (IPA Service)