View: “A move to bring transparency”
By Priyanka Saurabh
The Waqf Amendment Bill 2024, recently passed in the Lok Sabha, is expected to increase transparency in the management of Waqf properties and provide relief to common citizens, especially tenants who have been living in these properties for years or are facing legal disputes related to them.
In India, Waqf properties are managed under the Waqf Act 1995. Waqf boards formed under this law were given enormous powers to control the properties under their control. However, this management has led to many controversies due to lack of transparency and arbitrary decisions. The legal powers possessed by Waqf boards have raised questions about their functioning in many places. In many cases, Waqf board officials have reportedly taken decisions such as arbitrarily leasing out properties, evicting possession, and selling properties without due process.
Thousands of tenants have been living in Waqf properties for decades. But many times, Waqf boards did not provide legal protection to old tenants but tried to evict them from the properties. In such cases, many families had to engage in legal battles, and in some cases, forced evictions were also seen. There have been complaints of large-scale corruption in the purchase, sale, and lease of Waqf properties. Several reports suggest that Waqf properties were sold at prices much below market value or handed over to political and business stakeholders without due process.
There were many ambiguities in the current Waqf law, which led to legal disputes. There was no clear legal process to resolve cases related to Waqf properties, due to which disputes remained pending, and it took years for the aggrieved party to get justice.
Under the new amendment, old tenants will be given more legal protection so that they do not have to face forced eviction. New monitoring agencies will be created to bring transparency to the lease, sale, or transfer of Waqf properties. Apart from this, digital recording of all deals and transparent auditing will be arranged. It is proposed to create a special tribunal to settle legal disputes related to Waqf properties. This will lead to quick resolution of cases, and common citizens will not have to wander in the courts for a long time.
The Waqf Amendment Bill 2024 is a big step towards making the management of Waqf properties in India transparent and equitable. If this law is implemented effectively, it will not only ensure the right use of Waqf properties but will also curb corruption.
- – The author is a Hisar-based freelance journalist.
Counterview: “An erosion of India’s secular framework”
By Ranganathan Sivakumar
The Waqf (Amendment) Bill passed by the Lok Sabha is nothing less than an invasion of Muslim Personal Law (Sharia) and an attempt to interfere with the religious and cultural autonomy of the community. The Bill represents more than a legal amendment; it signals an erosion of India’s secular framework. By diminishing minority rights and enabling majoritarian control, the Bill contradicts the constitutional principles of equality and religious freedom. Perhaps, the most contentious aspect of the bill is the change to ownership rules, and Muslim groups claim that this will put many historical dargahs and masjids at risk.
Many view the Bill as another political manoeuvre designed to weaken Muslim representation and their influence in India. Beneath the Union government’s claims of ‘social welfarism’, ‘economic upliftment’, et al, lies a political strategy seemingly aimed at securing specific electoral gains.
The new Waqf amendments propose the inclusion of non-Muslims in Muslim religious institutions, which is seen as an ingress, especially when similar inclusivity is not demanded of Hindu institutions. With Hindus comprising nearly 80% of India’s population, including a significant percentage of women, why did the NDA government not amend Hindu religious laws to include women or Muslims?
This inconsistency highlights a discriminatory approach that fosters divisive politics and risks, fragmenting India into “Hindu India” and “Muslim India.”
Instead of introducing needless and controversial amendments like the Waqf Board (Amendment) Bill, the NDA government should focus its time and energy in resolving parliamentary disputes and uniting the nation. The Union government must withdraw this Bill immediately and the judiciary must fulfill its duty to uphold minority rights and integrity.
- – The author is a Chennai-based seasoned scribe.
- Views expressed in this article are authors own and don’t necessarily reflect KO’s editorial policy.
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