In this episode of Editorial, Mr. Nair examines the government's approach toward Muslim communities in India, using the recently enacted Waqf Amendment Bill, 2025. He highlights how amendments often focus on addressing flaws in Muslim laws and raises the question—are the laws of all other religions flawless?
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[00:00:00] Namaskar! Welcome to another episode of Editorial. I really appreciate when I get feedback from you. I really appreciate when I get your suggestions, your requests. It really makes me very happy. So thank you for that. Yesterday I have got a lot of you all writing to me as to why don't I talk about Waqf.
[00:00:29] Now, two reasons. A. I have spoken about Waqf. I have done an entire story, an entire editorial on Waqf. So yes, I have spoken about Waqf. Secondly, I was in and out for the last couple of days. So I was not regular. So I missed talking about Waqf.
[00:00:52] But that said, today, let's revisit Waqf. Let's talk about the Waqf Amendment Act. And let's understand what is the government thinking and what are the minorities thinking. Let's understand this. Let's get right to the show.
[00:01:17] Like I said, I have already done a show on Waqf. But all the same, just to brush up our memory, I'm going to take you through what Waqf is and how it is governed and what is the Waqf board and all that. Quickly, I'll take you through and then we will get into the issue in hand.
[00:01:33] Now, Waqf Act of 1954. Waqf refers to a property dedicated in the name of God for religious and charitable purposes. Legally, it is permanent dedication by a Muslim of any movable or immovable property for purpose recognized by Muslim law as pious, religious or charitable.
[00:01:59] Now, how is Waqf governed? Waqf is governed and regulated by the Waqf Act of 1995. Now, unlike trust established under the Indian Trust Act of 1882, which can serve broader purposes and can be dissolved by the board, Waqf is specifically for religious and charitable use and are intended to be perpetual.
[00:02:27] Well, this is how Waqf is governed. It is permanent. It is permanent. It can't be dissolved. So that's that. What is a Waqf board then? What is a Waqf board? A Waqf board is a legal entity capable of acquiring, holding and transferring property. It can sue and be sued in court. So Waqf board can sue you and can be sued in court.
[00:02:52] So this, this a lot of talk about, you know, you can't file a suit against Waqf, can't do anything about Waqf, you know, you have to succumb to everything what a Waqf says. A lot of that information is not entirely correct. Let's get into the Waqf Act of 1995. What was the Waqf Act?
[00:03:14] The Waqf Act of 1995 is a comprehensive legislation enacted by the Indian government to improve the administration and management of Waqf properties. It establishes the Central Waqf Council and State Waqf Board, distributing powers between Chief Executive Officers and Waqf Board.
[00:03:35] Key provision includes mandatory registration of all Waqf and Waqf Board, the maintenance of Central Register of Waqfs, the authority of Waqf Board to appoint Executive Officers and removal of encroachment from Waqf's property, the preparation of annual budgets for Waqf maintenance and the maintenance of records and inspection for Waqf's property.
[00:03:59] So now, after 1995, after the Waqf Act of 1995, it was perceived that the Waqf Board was given a lot of power. Extraordinary powers. Powers where they could supervise and control Waqf properties, direct or replace Mutawalis. Mutawalis are managers, the people who manage Waqf properties. They could direct or replace them. Survey, identify and register work properties, determine their status.
[00:04:28] So they had absolute power to survey, identify work properties and determine the status. Protection, remove encroachment, recover illegal occupied work properties, collect contribution, approve budgets and sanction leases for revenue. Inspect properties, audit accounts and ensure charitable use of the income. Assume direct management if Mutawalis fail in their duties. Now, this was extraordinary power.
[00:04:57] They could change a manager if they don't like. They could throw them out and the Waqf Board could directly handle the property. The Waqf Board could decide. Ye lease mein dene ka, nahi lease mein dene ka. That Waqf Board could decide. Kitne price mein dene ka, Waqf Board could decide. The Waqf Board could decide how much to collect, what to collect, collect donation, whatever reason, however you are collecting, Waqf Board could decide. Waqf Board could decide as to who has encroached, how much they have encroached and which is their property, which is not their property.
[00:05:26] They could decide and they could take necessary action. So the Waqf Board was given extraordinary powers. In 1995, under the 1995 Waqf Act, my apologies. In 2013, there were amendments which enhanced the Board's influence. So Waqf Board became extraordinarily powerful. Extraordinarily powerful.
[00:05:53] And let me also tell you that there were a lot of wrongdoings that were registered against the Waqf Board. Not only against others, but also against, also among their own community. In fact, more among their own community. So a lot of wrongdoings were also registered. So this is where it stood. 2013 tak. Then 2014 happened. Bharti Ajanata Party came in.
[00:06:22] And then, of course, as the party normally does, it started finding faults with, especially with minorities and their formations, their organizations. So in 2022, there was a private member bill in Rajasabha asking for a repeal of Waqf Act of 1995.
[00:06:49] Because they said that, Bill said that, so much power you are giving this Waqf Board. So this is where it stands. This is what the story is till now. Now let's keep that aside. And let us talk about the Waqf. Waqf Amendment Bill 2025. What does the Waqf Amendment Bill 2025 want?
[00:07:10] The Waqf Amendment Bill 2025 wants to improve transparency, accountability and management of over 6 lakh Waqf properties covering 9.4 lakh acres in India. They want to improve transparency. They want to improve accountability. This is what the government says we want to do. That is why the Waqf Amendment Bill 2025. Now it is an act.
[00:07:38] So Waqf Amendment Act 2025. The key changes they wanted to do was to introduce a digital portal for property registration and tracking, allow district collectors to resolve property disputes, reducing reliance on Waqf Tribunal, permits non-Muslims and Muslim women to join Waqf Board and Central Waqf Council, remove limitation act exemption requiring formal documentation of Waqf claim,
[00:08:08] retain Waqf by user status only for existing registered property. These are the changes that the government seeks through the 2025 Amendment Act. Now the goal was like I told you to enhance efficiency, curb mismanagement, redirect Waqf revenues to welfare, initiatives like education, health care for Muslims. Obviously a huge uproar from the minority. What does the minority think?
[00:08:37] Let us talk about that and then we will add our two bits. Now the minority when they saw this bill, when this bill was introduced in the parliament, the minority says Baba listen it is a perceived attack on religious autonomy. Why are you interfering in our religion? In fact, critics argue that the bill undermines the Muslim community's right to manage their religious affairs.
[00:09:07] Why are you getting involved in our religious affairs? This is what the minority feels. The minority feels that why are you including a non-Muslim in a Muslim organization, a Muslim board? Will you allow a Muslim to interfere in your boards? In a Hindu board? In a Hindu organization? In a Hindu religious setup? Would you allow that? If you want to allow a Muslim to come, how are you coming into our organization? Why are you coming into our organization?
[00:09:37] This is what they ask. They say that the bill grants the government through officials like collector the power to determine whether the property of Waqf shifting authority from Waqf tribunal to state bureaucracy. Now this is something I want to dwell on for two minutes. You see, you are asking the minority to believe you. You are telling the minority, listen, you know what, like any other Indians,
[00:10:07] you should also look at your bureaucracy, your district magistrate to solve your problem. So, if there is a dispute, a Waqf board cannot now decide. A Waqf board cannot take a call. A Waqf court cannot go to the court. You go to a district magistrate, let him resolve it. By the looks of it, it is very fair. But look at it from a minority perspective.
[00:10:37] You see, the same minority at a drop of a hat sees a bulldozer coming and uprooting his house. Because one of his youngsters or one of the youngsters from his community has thrown some stone somewhere. At least that is what is alleged. His house is uprooted. Bulldozer comes. Who orders that bulldozer? The same bureaucrat. And you are asking this minority person to trust that bureaucrat.
[00:11:06] How much do you think they will trust? How much do you think they will trust? And is it fair to just disregard their will, their wish, their anxiety, their problem, their doubts? This regard, it's just, Parliament has said. Here, one of the people who have said, One of the people who have said,
[00:11:34] Minorities will not be fault of the law. What do you want to blame? The law will have to fault everyone. We will not fault everyone. We will not fault them. We will not fault them. We will not fault them. We will not fault them. Is it that simple?
[00:12:04] Why do we threaten always to get our way? Is this the democracy that we dreamt of? Is this the meaning of democracy or is this an ideal example of majoritarianism? Think about it. Think about it. I have always said that Waqf was not the perfect organization. Never. There are a lot of flaws in Waqf.
[00:12:31] And I have heard most of the flaws are not from Hindus but from Muslims. A lot of Muslims have spoken about flaws in Waqf. They are aware of it. But if there is a cut in your hand, you don't cut the hand and throw out. No, you heal the cut. You don't discard the hand. If there is a problem in Waqf, I thought one should be healing it. Most importantly, taking the minority into confidence.
[00:13:00] It is slightly difficult. It also requires some kind of a compassion, empathy. Those are very difficult words. I know. Those are very difficult emotions nowadays. That too, I understand. But at the end of the day, ain't those Muslims our own people? Ain't those minorities our own?
[00:13:29] Don't they have the same right that we do in our country? That is the question I would like to ask here. And minorities also feel that this is very politically motivated. Very politically motivated. Are they really wrong? Are all the reforms that we as a country talk about only directed towards Muslims?
[00:13:57] Be it CA, be it abrogation of Article 370, be it Triple Talag, be it Waqf. Are all, are all the reforms only directed towards Muslims? No other religion in this country needs reforms. Every other religion including Hinduism is perfect. Picture perfect. When there is COVID, there is Tabliki Jamaat. When there is a riot, there is a Muslim colony that is bulldozed. Even look at it visually.
[00:14:27] Right, wrong, otherwise. Let us discuss that later on. Just look at it visually. How does it look? So if a lot of minority feels that all this is politically motivated and not something that is there to help them, are they really wrong? Now a politician can stand there and say that listen, if the parliament approves it, that's it, end of story. There goes your right, there goes your question. If we say that's a law, you have to abide by it.
[00:14:56] Like I asked you before, I ask you again, is this democracy? Is this democracy? Is this democracy? As far as rules and regulations are concerned, you may be right. But is this democracy? That's the point I wanted to ask you through this editorial. You see, it's not that rules should not be made.
[00:15:25] It is not that rules should not be implemented. It is not that a particular community should be appeased. A particular community should not. It's not all of that. The point is while the process and that's possibly what democracy is and that's what is expected out of democracy.
[00:15:45] When you introduce a law, when you set a rule, please take the people who are affected by that rule in confidence. Speak to them. Win their trust. Explain to them. Tell them what is right, what is wrong. Listen to them too. Because some of the points they make are correct.
[00:16:14] It can't be, I am majoritarianism. This parliament, I have more members. So what I say is law. Isn't that what happened? So that's the problem that one sees in VACF vote. Otherwise, as a bill, as an amendment, there are a lot of merits in both the sides. There are a lot of merits. Like, yeah, I mean, there has to be reforms. There has to be reforms.
[00:16:44] The VACF vote was given extraordinary powers which a lot of it was misused. No doubt about it. Not the way it has been circulating in our WhatsApp university. Not the way. But yeah, I mean, there has been a lot of misuse. There is no doubt about it. But is a district collector supposed to correct it? Did we ever stop to think whether the minority would trust that district collector? These are very simple questions, aren't they?
[00:17:13] So this is the point I wanted to make. And yeah, till I see you next time. That's tomorrow at 10. Namaskar.