Repeal of long historical WAQF System in India-Axe on Freedom of Indian Minority.
Earlier it is mentioned that Narendra Modi led NDA Government is strategically operated in various issues to live on the hype of the discussion. It's prime object is to renovate the constitution formed by congress led government and rule out the importance of secular fabric and minority liberty in Indian constitution. NDA passed amendment important issues like Article 370 revoke, CAA amendment bill to get support from Hindu majority in the country.
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| Waqf Bill Poll |
Accordingly NDA plans for axing on religious minority mainly Muslim in the country. Government is trying to draw public attention on it's pseudo involvement issues like Waqf, Triple Talaq. These subjects are easier than resolving the burning issues like education, employment, inflation. However in this context we are discussing about the long historical subject in India, the Waqf asset management.
What is Waqf Property? How is it managed in India?
A Waqf, mortmain property is an inalienable endowment constituted under law of Islam. The property is given by a Muslim for a specific purposes. This establishment is solely for religious, charitable purposes. According to Islamic perception this donated property is devoted to God. So these property is used for social welfare solely for Muslim. A trustee of Waqf is managing this property. When a property either moveable or non-movable can be transformed to Waqf through a deed, agreement or verbal declaration. Even any property can deemed as Waqf if it has been used as religious or charitable purposes for a long time. Once a property is declared as Waqf, It characteristic changes forever and can't be reversed. This is the property of people of Muslim community. So it is approved to be use for benefit of Muslim. From the British colonial rule all these properties are managed & legally governed in India by Muslim Waqf validating act 1913. Further this law was replaced by the Mussalman Waqf Act1923. After independence of India Central Waqf Act 1954 was established to regulate of Waqf that replaced by Waqf act 1995.
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| Waqf Asset. |
How Waqf properties are managed as per Waqf Act? The institutional structure as per Waqf Act.
As per Waqf act survey commissioner is appointed for Waqf management. He maintains a list of all Waqf properties through local investigation, witness and public documentaries.
Mutawalli is a caretaker of Waqf properties. He acts as supervisor. Waqf properties are managed similarly to other trusts as per Indian Trusts Act, 1882.
Waqf Board: It is the body approved by state government works as custodian of Waqf Properties across the state. This body is constituted by one or two nominees from state government, Muslim members from legislator, state bar council, Islamic theologist and Mutawalli of Waqf with an annual income of one lakh.
Central Waqf Council: It is the central government approved body to supervise and advise state level Waqf boards across India. It can provide financial information to central government.
Waqf Tribunal: The Waqf acts provided the provision the Waqf Tribunal constituted by State government to resolve disputes of Waqf properties. This tribunal is formed by a chairperson with rank not below classs-1 judges, a state civil service officer and person with knowledge of Muslim jurisprudence.
What is amended in Waqf 1995 Act?
According to Waqf act 1995, Waqf board was given authority to designate the Waqf asset. It prohibits the sale, exchange or transfer the Waqf property. It provides the penalty of two years imprisonment for encroaching Waqf Property.
What are the Features of Waqf Amendment Bill 2024?
The name of the act is changed as Unified Waqf management, Empowerment, Efficiency and development act, 1995. According to this law all Waqf properties must be registered to district collector's office for evaluation. Only lawful owner can create a Waqf. Any government properties can't be considered for Waqf property. District collectors will decide which is government property or state property. It revoke the provision of declaration Waqf by use. No property will be considered for Waqf without proper Waqfnama. Any dispute arises by states Waqf Board with resolved through State High court. The tribunal decision is final. It adds provision of inclusion of women member and two non Muslim members. It has provision of Audit by Auditor General of Central Government.
Critics of Amendment-For & Against of repeal of Waqf Act 1995
Waqf Act 1995 has some loophole. First of all there is lack of transparency in the operation of Waqf board. Mutual understanding is the major cause of corruption. There is no strict auditable accounting. The educational qualification of the member is limited. It has limitation of resolving disputes. The amendment will streamline the disputes and judgement comes from civil court. Women representation will empower the communities.
The critics argue that Waqf is a matter of Muslim community so it shouldn't be interfere by government since it is contradictory to Article 25. This amendment provides greater control of government that cause bureaucratic delay for taking decision. It will overarch of potential government executive. The inclusion of non-Muslim member will undermine the community. They may lack the understanding of the Islam culture.
However the bad or good within the amendment. Government placing the bill to joint Parliamentary Committee for necessary observation. You can vote "For" & 'Against" in this platform through scanned link form. You can try to put your poll forward through the link at https://tinyurl.com/rejectwaqfbill24
How to send your opinion to Joint Parliamentary committee?
1) Open google lens or Camera.
2)Scan the Bar Code
3) You will get a link.
4) Then from Gmail send your feedback.
OR
You can try to put your poll forward through the link at https://tinyurl.com/rejectwaqfbill24
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