The Waqf Act is the outcome of politics of appeasement

The Waqf Board in Tamil Nadu has claimed ownership of an entire village. Media reports claimed that Muslim resettlement in this area happened in 1927-28 and the Wakf Board has claimed its stake on the property of village temple also. There have been many such instances where people who were dwelling the property were unaware of the fact that it has been claimed as Wakf property by the board.

The Wakf Act was initially passed by Parliament in 1954 and

subsequently Wakf Act, 1995, was enacted for the purpose of

better administration of Aukaf (i.e., assets donated for religious or

charitable causes).

However, this law has become a tool to grab the assets and innocent people are harassed due to its draconian provisions. The Act empowers the Waqf Board to declare any property as Waqf property based on the survey carried out by its team. If this is not enough, Section 6 specifies that the aggrieved party has to appeal to the Tribunal constituted under the Act and there is a limitation period of one year for raising the dispute.

This legislation is drafted in such a way that it is not necessary for the Board to give a notice to the person whose property is sought to be declared as Waqf property and if the aggrieved party has not litigated within a period of one year, then he has no legal recourse!

Section 40 of the Act reiterates this power of Waqf Board and any property shall remain vested with it until revoked by the Tribunal. Section 83 read along with 85 gives exclusive powers to the Tribunal and parties aggrieved by the decision of the Tribunal can approach the High Court. Plight of the common man can be understood when his property is declared as Waqf asset without his knowledge and then he is expected to litigate it within a period of one year, otherwise it is gone forever. Even if he litigates it with the Tribunal then the next recourse is at High Court level, which is out of reach for most of the Indians.

It is pertinent to note that in a matter related to Wakf Act, 1954, the Supreme Court had decided that the limitation of one year for initiating the litigation is not applicable for non-Muslims (Board of Muslim Wakf, Rajasthan versus Radha Kishan and Others, 1978), but in order to appease the Muslims, section 6 was amended in 2013 and now there is a uniform time limit of one year for all the aggrieved parties.

Rajindar Sachar, chairman of the Sachhar Committee, in his 2006 report estimated the value of Wakf property at Rs 1.2 lakh crore. The Wakf Board owns around six lakh acres of land. Sachhar suggested survey of Wakf properties and amendments to the Wakf Act which were duly incorporated in the law by way of amendment in 2013.

Indian history is full of partiality against the Hindus and nothing changed even after Independence. Jawaharlal Nehru got Hindu Code Bills passed by Parliament but he didn’t dare to touch the practices of other religions. Dr. BR Ambedkar was in favour of a uniform civil code, but Nehru insisted on changing the Hindu laws only and gave liberty to the others. Charitable & Endowment Acts were enacted by state governments in the 1950s to manage the Hindu temples but a central legislation was passed in 1954 to protect the Wakf properties.

The Congress government at the Centre implemented the Places of Worship Act, 1991, which intends to bar the Hindu’s claims on other holy shrines.

(The author is a policy analyst)