Parliament handed a brand new Waqf Act in 1995 repealing the 1954 Act. Main amendments have been made in 2013. I counted 57 amendments.
Barely 12 years have handed. If, primarily based on complaints from stakeholders, the federal government had concluded that amendments have been crucial or expedient, it may have introduced reforms by an modification Invoice. Nonetheless, reform of the regulation is just not what the Waqf (Modification) Invoice, 2025 does. Quite the opposite, it has taken a scythe to the present regulation and mutilated it past recognition.
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Religions not equal
The primary precept in a multi-religious democratic nation is that each one religions are equal. The administration of non secular establishments should be within the palms of individuals belonging to the non secular denomination. In India, the place a majority of the individuals are Hindus, the precept will apply to Hindu non secular and charitable establishments. Within the case of ‘minority’ religions too, the precept will apply in keeping with the Structure of India. Article 26 reads:
Freedom to handle non secular affairs —
Topic to public order, morality and well being, each non secular denomination or any part thereof shall have the best —
(a) to determine and preserve establishments for non secular and charitable functions;
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(b) to handle its personal affairs in issues of faith;
(c) to personal and purchase movable and immovable property; and
(d) to manage such property in accordance with regulation.
Hindu non secular and charitable establishments are administered by Hindus and Hindus alone. Nobody would counsel — or settle for — that within the administration of Hindu temples and spiritual/charitable establishments, non-Hindus could have a job. (In actual fact, there’s a demand by the chief minister of Andhra Pradesh that non-Hindus ought to not be appointed at the same time as workers of the Tirupati-Tirumala Devasthanam).
The identical view will likely be held by hundreds of thousands of believers in another faith. At current, in no non secular place of worship or non secular/charitable establishment of Hinduism, Christianity, Sikhism or Buddhism does the regulation permit any position for a believer in another faith.
Overturning ideas
Underneath the Waqf Act, 1995, the precept was scrupulously noticed. A waqf means the everlasting dedication of property by any particular person for any pious, non secular or charitable function acknowledged by Muslim regulation. Courts have acknowledged a waqf that was created by a non-Muslim, and examples are many. Additional, underneath the present regulation, a waqf is, by and huge, impartial and autonomous. The best regulatory physique in a State is the Board of Waqfs that consists of members who’re all Muslims and the Chief Govt Officer is required to be a Muslim. The Board in train of its powers is required to “act in conformity with the instructions of the waqf, the needs of the waqf and any utilization or customized of the waqf.” The one physique that has adjudicatory jurisdiction over waqf(s) is a Tribunal which is a judicial physique presided over by a District Decide.
The controversial Modification Invoice activates its head all of the time-honoured ideas and practices:
(i) ‘any particular person’ can’t create a waqf; solely an individual demonstrating that he’s practising Islam for not less than 5 years could create a waqf. Why? And the way does an individual ‘display’ that he’s practising Islam? There was no reply.
(ii) the creator of a waqf should additionally display that there was no contrivance within the creation of the waqf. What’s ‘contrivance’? There was no reply.
(iii) ‘waqf by consumer’ can’t be created after the Modification Invoice is enacted (though acknowledged by the Courts). Why? There was no reply.
(iv) if the property so devoted is claimed as ‘authorities’ property, the inquiry will likely be performed by a senior officer of the federal government who will decide whether or not such property is a authorities property and, if he so determines, he shall make the corrections within the income data. Will it not be a case of ‘choose in his personal trigger’? There was no reply.
(v) the requirement that the members of the State Waqf Board shall be Muslims has been deleted. Subsequently, non-Muslims will likely be appointed; in truth, a mischievous authorities could guarantee that almost all of members are non-Muslims. Will this retrograde provision be integrated in legal guidelines governing establishments of different religions? Will non-Hindus be appointed to Hindu non secular/charitable establishments? There was no reply.
(vi) the Limitation Act didn’t apply to recuperate waqf property; it’ll now apply. Will this modification not defend encroachers and usurpers to plead limitation or plead possession by adversarial possession? There was no reply.
(vii) the mannequin of the Waqf (Modification) Invoice is exclusive. Will or not it’s adopted and legal guidelines regarding establishments of different non secular communities be amended? There was no reply.
Agenda unchanged
The assault on the Muslims by the BJP-led NDA authorities began with the NRC/CAA. UCC was first experimented in Uttarakhand. The one Muslim majority state of J&Okay was divided and diminished in standing to Union Territories. In 5 years from 2019-20 to 2023-24, the finances allocations for minorities totaled Rs 18,274 crore however Rs 3,574 crore was unspent. 5 streams of academic help to Muslims, together with the Maulana Azad Nationwide Fellowship for minority college students, have been discontinued. The Waqf (Modification) Invoice is one other assault on the Muslim group. Malice is writ massive. Within the view of the BJP the outcomes of the LS elections in 2024 (240 seats) had not modified something. The agenda is similar. The BJP is decided to pursue the agenda.
