Abolish Waqf Act

In March 1947, M K Gandhi met Viceroy Mountbatten and requested him to dismiss Jawaharlal Nehru as interim Prime Minister and appoint M A Jinnah as the Prime Minister. Further, Gandhi requested Mountbatten to allow Jinnah have an all-Muslim cabinet. This was a Gandhi who was at the end of his tether having failed in all his efforts—since his ill-advised ‘Khilafat’ movement which had nothing to with India—to cobble a contrived unity between the ‘two nations’ failed. Had he been successful, Hindus would not have been ruing their second-class citizen status now. They would have been second-class citizens! The demographics would have ensured that.  

It was not even necessary! Ever since independence illegal immigrants have been pouring into India from her porous eastern borders. According to some estimates, by the nineties, there were already twenty million illegal immigrants in West Bengal and the border districts of Assam. The net effect of allowing illegal immigrants into the country would certainly skew the demographic balance in less than a generation if the present trend continues. It is already evident in India's eastern border states. The ill effects of harbouring illegal immigrants are well known. Illegal immigration would alter the cultural and social landscape and dilute employment opportunities for the local population. A population with no roots in the soil and no loyalty to the local culture would have scant regard for law and order. It is a potentially rich source for crime.

It was not enough for the Congress party to divide the nation and give away large chunks on either side to the Muslims in 1947. In 2013 it signed sealed and delivered the rest of the nation to the Muslims as a gift of lebensraum in return for their votes. Thanks to the pandering for vote bank politics by self-serving politicians, large swathes of land are already passing into the hands of usurpers. 

A Note On The Map 

The map shows the India that we inherited at the time of partition; except the extra-territorial rights we had in southern Tibet. If we closely the observe the map, we can see that we not only shared a border with Afghanistan, but Tajikistan (then in the USSR) was only a few miles away from the frontier. This meant we were in close proximity to Central Asia.

In October 1947 Pakistan illegally occupied 72,935 sq km in Jammu and Kashmir. [Of the total of 2,22,236 sq km of Jammu and Kashmir state we are now in possession of only 1,06,566 sq km.] There was a brief war in October-November 1947. The Indian army was on the verge of recapturing the territory occupied by Pakistan. Surprisingly and inexplicably the Nehru government not only called for a unilateral ceasefire but against sage advice by its own Home Minister referred the matter to the UNO. Experts in strategic affairs believe that our pusillanimity in not wresting back the portion of Jammu and Kashmir illegally occupied by Pakistan in October 1947 led to the belief that India was a soft state and later invasions and illegal occupations.  

In 1955-57 China occupied 37,555 sq km of Aksai Chin in Ladakh, the eastern part of Jammu and Kashmir. In 1962 China invaded the Northeast Frontier Agency (NEFA), now renamed Arunachal Pradesh and occupied 38,000 sq km. 

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The Chairperson, 

Joint Parliamentary Committee — Waqf Amendment Bill,

Sansad Bhavan,

NEW DELHI

Honourable Chairperson!

The Waqf Acts, originally passed in 1923, amended in 1954, 1995 and 2013 are not only iniquitous but directly contravene Article 14 of the Indian Constitution. You are of course aware that Art. 14 enunciates the concept of equality before law for all citizens of India that is Bharat 

𝐓𝐡𝐞 𝐒𝐭𝐚𝐭𝐞 𝐬𝐡𝐚𝐥𝐥 𝐧𝐨𝐭 𝐝𝐞𝐧𝐲 𝐭𝐨 𝐚𝐧𝐲 𝐩𝐞𝐫𝐬𝐨𝐧 𝐞𝐪𝐮𝐚𝐥𝐢𝐭𝐲 𝐛𝐞𝐟𝐨𝐫𝐞 𝐭𝐡𝐞 𝐥𝐚𝐰 𝐨𝐫 𝐭𝐡𝐞 𝐞𝐪𝐮𝐚𝐥 𝐩𝐫𝐨𝐭𝐞𝐜𝐭𝐢𝐨𝐧 𝐨𝐟 𝐭𝐡𝐞 𝐥𝐚𝐰𝐬 𝐰𝐢𝐭𝐡𝐢𝐧 𝐭𝐡𝐞 𝐭𝐞𝐫𝐫𝐢𝐭𝐨𝐫𝐲 𝐨𝐟 𝐈𝐧𝐝𝐢𝐚.

In essence it means that the State shall not discriminate between citizens on the grounds of caste, religion, race, sex or place of birth. However, despite public veneration and ritual celebration of Constitutional principles, the reverse has been practised by most political parties and alas, the State itself, since the dawn of independence. As an illustration, let me put in perspective the contrasts between the Hindu Religious & Charitable Endowment Acts and the Waqf Acts. The ‘Secular’ State usurped complete control of Hindu religious institutions and their properties running into millions of acres of land and billions of rupees in collections from devotees. On the other hand, the Waqf Acts, over time leached the authority of the State in the affairs of Waqfs making them, with the latest amendments, supra-judicial bodies a la ‘a State within a State’!  

Tracing the history of the Waqf Acts P R Ramesh (“Waqf Act: A Legacy of Appeasement and Aggrandisement”, Open Magazine, August 16, 2024) wrote:

The Nehru government supposedly allowed the Muslim community to manage its insti­tutions, including the Waqf Boards, to impart confidence to the community. Seen in isolation, many continue to believe this myth. But it is a myth nonetheless. For if one examines a very different set of events—the constant illegal migration of Muslims from the then East Pakistan—a very different hue is cast on Nehruvian secularism. The reality is that the Nehru regime and its succes­sors continued to appease Muslims for political purposes. This included their approval of illegal migration into Assam where the very demography of the Brahmaputra Valley changed beyond recognition.

 

The story of the Waqf Boards, the steady gathering of judicial powers in the hands of the Muslim community with respect to Waqfs, and appeasement are thus not isolated issues: they were part and parcel of assiduously building a vote bank in a ‘secular’ republic at the cost of other communities that were deprived of similar rights and powers to manage their religious institutions. That this process was begun during the Nehru years makes the entire project insidious. By 2013, when the 1995 Act was amended in the dying days of the UPA-II regime, the process was complete. Today, any property belonging to any person or community can simply be declared a Waqf by a mere notification. The courts can come to your aid. But good luck with that. As liberals are so fond of saying, “The process is the punishment.”

 

In 2015, the NDA government launched a probe into an illegal act by the UPA government whereby it transferred 123 properties in Delhi to the Waqf Board just prior to losing power. Most of these properties were of high market value, including those in Connaught Place, Lodhi Road and Karol Bagh.

 

The Modi government started a dedicated online portal, Waqf Assets Management System of India (WAMSI) for computerisation, digitisation of records of Waqf properties, and their Geographic Information System (GIS) mapping. This was to prevent encroach­ments on these properties but also to prevent the illegal usurping of properties as Waqfs without the completion of statutory pro­cesses. The Waqf property details on WAMSI were entered by the respective State Waqf Boards (SWBs). Until December 2022, a total of 8,65,646 immovable properties and 3,53,850 GIS mapping of Waqf properties were entered on the WAMSI portal. [Italics added.] 

The Keshavananda Bharati case (aka the third fundamental rights case) has been celebrated in public discourse for what it was not originally about. The chimerical ‘basic structure doctrine’ which the judges were supposed to have conceptualized was a charade. If the judges were so concerned about the basic structure of the Indian Constitution, they would have certainly reviewed constant violations of Art. 14 since the 1950s. Even after the judgement was delivered in April 1973, governments trampled upon the sacrosanct ‘basic structure’ with gay abandon. While the 1976 amendment to the Preamble of the Constitution directly altered the basic structure of the Constitution, the Places of Worship Act, 1991 and the Right to Education Act, 2009 certainly violated the letter and spirit of Art. 14.    

The Keshavananda Bharati case was all about nationalizing the properties of Hindu religious institutions under Land Ceiling Acts. The confiscation of the Math's lands by the Kerala government was upheld by the Supreme Court. Clearly confiscation of lands of Hindu religious institutions under secular laws, while making special provisions for protecting lands of other religious bodies flies in the face of Articles 14, 19, 25 & 26 of the Indian Constitution. Here are a few concerns raised by the appellants as cited in the judgement:

The case was filed by His Holiness Kesavananda Bharati Sripadagalvaru and Ors. Vs. Respondent: State of Kerala and Anr. under Article 32 of the Constitution for enforcement of his fundamental rights under Articles 25, 26, 14, 19 (1) (f) and 31 of the Constitution. … The respondents claim that Parliament can abrogate fundamental rights such as freedom of speech and expression, freedom to form associations or unions, and freedom of religion. They claim that democracy can even be replaced and one-party rule established. Indeed, short of repeal of the Constitution, any form of Government with no freedom to the citizens can be set up by Parliament by exercising its powers under Article 368. [Italics added.]

The strange irony is that the present opposition raised the same concerns in the run up to the elections to the eighteenth Lok Sabha, which the appellants raised fifty years ago. It was the present opposition that “defaced and defiled” the Constitution (in the words of the eminent Judge H R Khanna), when it was in power. 

The provisions of the Waqf Act raise issues related to property rights, administrative inefficiencies and potential misuse of the law. Further the impugned Act gives Waqf boards supra-judicial powers which flies against the letter and spirit of democratic principles and the Constitution itself. Hence the Act should be abolished forthwith. There are enough civil laws to protect land holding rights of citizens of all communities. 

The current Waqf act is illegal, and such acts do not exist anywhere in the world including Muslim majority countries. Also, Waqf act allowed waqf board to snatch land & property through coercion, deceit and violence, like mafioso. 

In light of the above, I urge the Joint Parliamentary Committee to consider the following recommendations:

1. Abolish of the Wakf Act: The Act should be repealed to ensure that all citizens are treated equally before the law, in consonance with the fundamental principles enshrined in the Constitution. 
2. Waqf act should be abolished forthwith and retrospectively from the date it was first introduced in 1923 as Mussalman Waqf Act and subsequent reintroduction in 1954 and amendment in 1995.
3. Any land/property acquired or structure erected under Waqf should be deemed illegal and returned to the rightful Hindu owner before or after 1923.
4. In case, rightful Hindu owner cannot be traced, the Central Govt should take the possession of the land, property and structure, under current Waqf boards. 
5. Strengthening Accountability: Any new legislation should incorporate strict guidelines and accountability mechanisms to prevent misuse and ensure transparency in the administration of properties. 

I do hope my suggestions will be considered by the JPC in the larger interest of our country, that is Bharat. 

Vande Mataram!

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Cover map courtesy: Vivek Dhankar In Singh, Priyanka. (2017). “Re-Positioning Pakistan Occupied Kashmir On India’s Policy Map—Geopolitical Drivers, Strategic Impact”. Institute For Defence Studies & Analysis, Monograph No. 62, October 2017.