Parliament’s modification to the Waqf Act offers the Waqf Board unfettered powers to encroach on land, together with private property, authorities land, temple land and monasteries, authorities sources mentioned the Heart is able to transfer a Parliament Handed invoice to amend the 1995 regulation.
The Waqf Legislation Modification Invoice, 1995 will make it necessary for waqf boards to register their properties with the district collector to make sure their precise valuation. There are 30 waqf committees throughout the nation. Sources mentioned the regulation will guarantee extra accountability and transparency and guarantee necessary inclusion of ladies in these establishments. They claimed the transfer got here towards the backdrop of calls for from throughout the Muslim group.
Initially, waqfs owned about 52,000 properties throughout India. By 2009, there have been 300,000 registered waqf properties protecting 400,000 acres. As of now, there are over 8,72,292 registered properties unfold over 8 lakh acres of land, which implies the land in Waqf has doubled in simply 13 years.
What’s the Waqf Legislation?
The British proposed the Muslim Waqf Act in 1923, and the British first proposed the Madras Non secular and Charitable Endowments Act of 1925, which triggered large protests by Muslims and Christians. It was then redrafted to exclude it, apply solely to Hindus, and was renamed the Madras Hindu Faith and Endowments Act, 1927.
The Waqf Act was first handed by Parliament in 1954. In 2013, the act was additional amended to provide boards of administrators of spiritual and communal organizations limitless powers to plunder anybody’s property, which can’t even be challenged in any court docket.
Briefly, waqfs have limitless energy to say property within the identify of Muslim charities—powers that no different non secular group in India has.
Part 3 of the Waqf Act 1995 gives that if the waqf “believes” that land belongs to Muslims, then it’s the property of the waqf. The board doesn’t have to offer any proof as to why they consider the land is inside their title.
Authorities sources revealed that even international locations that observe Muslim regulation don’t have waqfs and no non secular establishment has limitless powers. Furthermore, waqfs haven’t returned any land to Hindus who migrated from Pakistan throughout Partition.
Examples of abuse
• In Avinashi case, as per income information, 216 individuals of Devendrakula Vellalar group got free Patta over 6.3 acres of land in Cheyvur Devendran Nagar in 1996. In a letter to Avinash, Thotipalayam sub-registrar places of work and Tirupur district Joint I and Joint II sub-registrar places of work, it was claimed that about 93 in sure survey information of Avinash and Tirupur The property is a Waqf property.
• Thiruchenthurai, a village on the banks of the Cauvery river in Tiruchirapalli district, additionally homes the 1,500-year-old Sundareswarar temple. Villagers are actually questioning how the non secular basis will declare possession of the property.
• The Supreme Court docket just lately dominated that dilapidated partitions or platforms can’t be granted the standing of spiritual locations used for prayer or Namaaz functions with none proof of dedication or person. The choice got here as a aid to the Telangana authorities because the state subsequently leased land for organising universities, cities and different prestigious establishments. In April 2012, the state authorities appealed to the Supreme Court docket after shedding the case within the Andhra Pradesh Excessive Court docket.
• The Rajasthan Muslim Waqf Board has been requesting monetary help from the Rajasthan authorities to pay the salaries of its staff. That is in unusual distinction to the truth that the Waqf Board owns over 18,000 properties throughout Rajasthan and generates income from over 7,000 properties.
• The Tamil Nadu State Waqf Board claims possession of the 1,500-year-old Manendiyavalli Chandrashekhara Swami temple land. The temple has 369 acres of land in and round Tiruchenthurai village in Tamil Nadu.
• In 2021, the Waqf Board filed an software within the Gujarat Excessive Court docket claiming possession of two islands in Wager Dwarka in Devbhoomi Dwarka district. Nevertheless, an indignant court docket refused to listen to the applying.
