In Sep 2024, I prepared some notes on the Waqf Act. As below :
As per Dr Anand Ranganathan of JNU, Waqf Act is a parallel government being run. It has its own legislature in the form of its board, it has its own executive in the form of its surveyor, and it has its own judiciary in the form of its own tribunal.
He says that Waqf Act is one of the eight reasons why Hindus are eighth class citizens in their own country.
And that If India is to remain a secular country, and not turned into an Islamic country,, this act must be abrogated.
There is no similar act for any other religion. So why this discrimination? There is no such act even in Muslim countries.
What are the amendments :
* Mandatory registration of Waqf property at district collector office. Currently no registration is being done.
* Waqf properties can be audited by govt. Currently govt. has no such power.
* District collector has to approve that a govt. land is a Waqf land. But amendment is only for govt. land, not for privately owned land.
* Looking at above, you can see that what is the situation currently before the amendments.
Not amended :
* Section 28 – Gives power to Waqf board to order a collector to implement its decision.
* Section 8 – The state has to pay for the surveyor appointed by the Waqf board! This is in direct violation of Article 27 of constitution.
* Section 107 – Statute of limitations does not apply. Thus even a family property since many generations can be claimed by the Waqf.
* Section 101 – Every employee, every officer, every person appointed for any services by the Waqf board, will be deemed to be a public servant, and will be granted privileges accordingly, as per Indian Penal Code.
* Section 4 bestows on the Waqf survey commissioner the authority and power like that of a civil court.
* Section 40 gives the Waqf power to decide if your land is Waqf or not. And if yes, then it is your responsibility to disprove its claim.
* Section 54 gives the Waqf board the power to declare you an encroacher (in your own house).
* Section 85 and reiterated by Supreme Court in 2019 – A civil court in India has no jurisdiction in matter of a suit pertaining to Waqf property.
* In reality, it is very very tough and long drawn out procedure to fight against the decision of the Tribunal.
* Ashwini Upadhyay filed a petition in the Supreme Court where he showed the Waqf Act to be violative of the constitution. Instead of hearing the petition, the judge at the time threw it out saying that it was ‘abstract’. The gentleman judge is today the Chief Justice of our Supreme Court.
What happens if Waqf Board feels that your house or land is of Waqf?
* It appoints a surveyor, who is to be paid by the Indian taxpayer.
* The Waqf board then serves you notice to vacate the land. It very graciously decides to waive the rent for the number of years you have already lived there.
* If you ask for an inquiry, the inquiry is done by the Waqf Board. If you are not happy with the inquiry ->
* If you decide to appeal, you can appeal to the Tribunal. This again consists of employees of Waqf Board. Its decision is of course, final.
What is the result of the Waqf Act till now?
* 77% of Delhi is supposed to be on Waqf land.
* Waqf is the third-largest landowner in India, after Defence and Railways. (As per print.in). Currently more than eight lac acres of Indian land.
* Mukesh Ambani’s house is supposedly on Waqf land. Arvind Kejriwal has promised to hand over the house to Waqf once he is in power.
* The Waqf Board claims that Gyanwapi Mosque built atop Kashi Vishwanath temple in Varanasi in on Waqf land.
* Waqf Board declared a piece of land inside Allahabad High Court premises as Waqf property. The high court was helpless. It had to go to Supreme Court. It took 21 years of legal wrangling before the High Court could get back its property.
* Recently Waqf Board gave notice to residents of Govindpur village near Patna to vacate their farm lands within 30 days. These people were registered in govt. survey of 1908. They are currently running from pillar to post for justice.
* Waqf Board claims that the 1500 year old Chandrashekhara Swami temple in Tamil Nadu is on Waqf land. Incidentally the temple is older than Islam.
Views of Judiciary :
* Delhi High Court judges have opined that Waqf land is Allah’s and Allah’s alone and that the govt. cannot be the owner of this land.
* Supreme Court in its 1998 judgement told – Once Waqf, always Waqf. The Waqf board liked this line so much, it has made this its motto on its website.
Shenanigans of UPA / Congress :
* UPA as a parting gift in 2014, gifted 123 prime Central Delhi properties to Waqf. These properties were owned by the Indian state since Independence.
* Indira Gandhi during the emergency ordered all states that Waqf properties in possession of govt. should be handed to Waqf board. And where not possible, then rent as per market rates should be paid to the Waqf board. And that these properties will be exempt from Rent Control Act. And thus rent may be increased regularly by the board.
* In the final days of UPA in 2014, it tabled a bill The Waqf Properties (Eviction of Unauthorised Occupants) Bill 2014. This bill gave draconian omnipotent powers to the Waqf Estate Officer to demolish any property it deemed to be Waqf. Not just that, it plain and simple barred any Indian court from even entertaining a suit against the decision of the Waqf. This bill could not be passed due to the change of govt. at the centre.
* The Waqf Act itself, is of course, thrust on the country by the Congress. Originally by Jawaharlal Nehru, and made more draconian by successive Congress governments.