SARASIJ

INDIA LOOSING CONTROL OFLAND & BUILDINGS

|| WAQF BOARD AND WAQF ACT ||

THE WAQF (AMENDMENT) BILL, 2024

SARASIJ MAJUMDER

WAQF ACT:

Waqf Act was first passed by Parliament in 1954. Subsequently it was repealed and a new Waqf Act was passed in 1995 which gave more powers to Waqf Boards. In 2013, this Act was further amended to give unlimited powers to Waqf Boards to snatch anyone’s property, which even could not be challenged in any court of law. In March 2014, just before the commencement of Lok Sabha Elections, the Congress gifted 123 prime properties in Delhi to Delhi Waqf Board by using this law. Due to this black law, thousands of acres of land of Hindus have been snatched away in the country so far. Recently Tamil Nadu waqf Board has declared 6 Villages of Tamil Nadu, including a 1500 years old Hindu Temple as Waqf property.

In fact, the Hindus who came to India after partition from Pakistan, their properties in Pakistan were occupied by the Muslims and the Government of Pakistan. But the Government of India gave the land of Muslims who went from India to Pakistan to the Waqf Boards.

According to the data of Waqf Management System of India, at present there are a total 8,54,509 properties with Waqf Boards which are spread over more than eight lakh acres of land. This is more or less equal to the Area of GOA. In 1994, it was about 4 Lakh Acre. It got doubled in 30 years in Independent India. HOW??? Area of India remain constant!! You will be surprised to know that after the Army and Railways, most of the land is with the Waqf Boards.

In other words—by WAQF ACT Muslims has legalized the encroachment.

Section 3 of the Waqf Act, 1995 states that if the Waqf “thinks” that the land belongs to a Muslim, then it is the property of the Waqf.

Section 40 of the Waqf Act states that when the Waqf Board lays a claim on the land of a person, it is not the responsibility of the Waqf Board to prove the claim on the land, but the real owner of the land has to prove the ownership of his land.

Section 85 of the Waqf Act states that if you cannot satisfy the Waqf Board Tribunal that it is your own land, then you will be ordered to vacate the land. The decision of the Tribunal will be final. No court, not even the Supreme Court, can change the decision of the Waqf Tribunal.

Someday, WAQF Board can claim Lal-Qilla, and Taj mahal as their property!

How A DRACINIAN RELIGIOUS LAW like the Waqf Act has been made applicable in a secular country like India, under the INC—the Champion of SECULARISM???? LoP shall answer!?!

Amendment was long overdue:-

The Waqf (Amendment) Bill, 2024, is the first significant piece of legislation introduced by the Modi 3.0 government, which was PLACED, and Debated in Parliament.

The NDA government has referred the controversial Waqf (Amendment) Bill to a Joint Parliamentary Committee (JPC) following significant opposition from various parties. The committee, which will review the Waqf (Amendment) Bill, 2024, is composed of 31 members, including 21 Lok Sabha MPs and 10 Rajya Sabha MPs. On Friday, Union Parliamentary Affairs Minister Kiren Rijiju announced the formation of the JPC, listing the 21 Lok Sabha and 10 Rajya Sabha members involved. Notably, AIMIM chief Asaduddin Owaisi and Congress MP Imran Masood are among those appointed to the committee.

While the BJP could have got the bill easily passed in the Lok Sabha, the draft could have hit a roadblock in the Rajya Sabha where the BJP has lost a majority. While the opposition may consider it their victory that the bill was sent to the JPC, the BJP agreeing to the demand of sending the bill to the house panel may have a farsighted plan for which the opposition needs to be prepared.

The composition of the JPC reflects the proportional representation of various parties in both houses. This ensures that different political parties and interests are represented in the committee. Thus, the bill is likely to get the JPC nod with a majority vote though there may be some amendments in the proposed bill.

Since the waqf bill news came to the media, the opposition leaders started painting the BJP as anti-Muslim and questioned the BJP's intention. Some Muslim leaders even said that the passing of the bill would result in a chaotic situation in the country.

By sending the bill to the JPC, the NDA government has not only tried to get an upper hand but has bought time to get a majority in the Rajya Sabha. The Election Commission has already announced poll dates for the Elections for 12 vacant seats in Rajya Sabha. The voting and counting for these seats will be held on September 3.

Of these 12 seats, the BJP is confident of winning at least 10 of these seats owing to the majority in the state assemblies of Assam, Bihar, Haryana, Madhya Pradesh, Maharashtra, Rajasthan, Tripura and Odisha. With these 10 seats, the NDA's tally in the house will increase to 111 with the house having 238 members. Also, the four newly nominated members are also expected to be pro-treasury benches whenever the government names them. This will give a boost to the NDA in the Rajya Sabha. With this, the BJP will hope to get the bill through the Rajya Sabha easily in the next parliament session.

I don’t want to discuss the NITY-GRITY of the Amendment, till it is with the committee. Will do it later.

NOTE:-- There are many detailed discussion on this in many sites, which I have read, and referred a few. If the reader is inquisitive, he can find.

Reference:-

1. https://centralwaqfcouncil.gov.in/sites/default/files/The%20Waqf%20Act%201954.pdf

2. http://www.commonlii.org/in/legis/cen/num_act/wa195458/

3. https://www.indiacode.nic.in/bitstream/123456789/15941/1/the_waqf_act%2C_1995.pdf

4. https://www.hindustantimes.com/india-news/proposed-amendments-to-waqf-act-aimed-at-enhancing-inclusivity-ensure-registration-of-waqf-properties-sources-101723074480779.html

5. https://www.moneycontrol.com/news/india/centre-set-to-bring-bill-to-curb-waqf-board-powers-on-assets-12786345.html

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