This article is written by Devang Shukla (Central Waqf Council (CWS) is a Guard or a Killer of Constitution ?), Atal Bihari Vajpayee School of Legal Studies
State & Union Territory Waqf Boards are the organization established in every State & Union Territory under The Waqf Act 1995. This Act was introduced for the management of Waqf Properties in that State & Union Territory. The State & Union Territory Waqf Board deals with the religious, social and economic life of Muslims.
WHAT IS A WAQF?
According to the Waqf Act of 1954, a Waqf refers to a property dedicated in the name of Allah for religious and charitable purposes. Through the Legal pointer view, it is the permanent dedication by a Muslim of any movable or immovable property for purposes recognised by Muslim law as pious, religious, or charitable. It is very easy to establish a Waqf. It can be established through a deed or instrument, or a property can be considered a Waqf if it has been used by Muslims for religious or charitable purposes over a long period. The proceeds from Waqf typically fund graveyards, mosques, and shelter homes.
Once a property is designated as a Waqf, it becomes non-transferable and is detained perpetually as a charitable act toward Allah, essentially transferring ownership to Allah.
It is very easy to create a Waqf, a Muslim of sound mind and hold valid ownership of the property. Interestingly, Waqif is the creator of a Waqf and does not have to be a Muslim, as long as they profess belief in Islamic principles.
Historical Evolution In India
Central Waqf Council (CWC) is an Indian statutory body operated by the Government of India under the Waqf Act, a subsection of the Waqf Act, 1995. The Waqf boards in India were formed in 1913 during British rule. Mussalman Wafk Act 1923 was established to advise it on matters about the working of the State Waqf Boards and proper administration of the Waqfs in the country. A person making such dedication is known as Wakif and the grant is known as mushrut-ul-khidmat.Its permanent dedication of movable or immovable properties for religious or charitable purposes as recognized by Muslim Law, given by philanthropists.
The Central Waqf Council (CWC) is a statutory body under the administrative control of the Ministry of Minority Affairs. It was established in 1964 as per the provisions given in the Waqf Act, 1954, serving as an advisory body to the Central Government on matters concerning the functioning of the Waqf Boards and the proper administration of Auqaf. The Waqf Act of 1954 was later repealed, and the existing Waqf Act was passed in 1995.
Objectives of Central Waqf Council (CWC)
The Waqf Board administers Waqf properties, recovers lost properties, and sanctions the transfer of immovable Waqfproperties through sale, gift, mortgage, exchange, or lease, with at least two-thirds of the board members voting in favour of the transaction. The main aim of forming this waqf board is the permanent dedication of a person professing the Mussalman faith to any property for any purpose recognized by the Mussalman law as religious, pious, or charitable. This was defined in the Section 2(1) in The Mussalman Wakf Validating Act, 1913
Use of legal Jargon
Before the Amendment of 2024 in Waqf Board, it was overpowered to harm the fundamental rights. According to the Article 300A of the Constitution of India states that no person shall be deprived of their property except by the authority of law. but Before the Amendment of 2024 if any state Waqf Board claims any property then the owner of that property has to get a No Objection Certificate(NOC) from Waqf otherwise he can’t sell his property by taking the reference of (Tiruchendurai village case) In Tamil Nadu fights Waqf Board claim on their land, Chola era temple. Through these types of claims, CWS has increased its to the third-largest landholder in India, following the Railways and the Defence Department. Waqf boards control 8.7 lakh properties spanning 9.4 lakh acres across India, with an estimated value of Rs 1.2 lakh crore.
This shows the clear dominance of a single authority which was formed to protect the minority community now become the killer of the rights of others.
Case Study –
Thiruchendurai village in Tiruchirapalli district of Tamil Nadu found that the State Waqf Board owns the land on which their village stands. The entire village is spread over 389 acres – all of which is held by Waqf, as per its records.
The residents of Thiruchendurai came to know of the ownership status of their land in September 2022 when one resident, N. Rajagopal tried to sell his land. He was told by the Registrar’s office that he needed to take a No Objection Certificate from the State Waqf Board before selling his land.
According to the Waqf Board’s records, it owns 389 acres of land, which extends over the entire village of Thiruchendurai. The Chief Executive Officer of the Tamil Nadu Waqf Board however has admitted that the exact extent of land owned by the Waqf Board in the village is un-surveyed land and needs to be surveyed. The Registrar’s office informed that instructions for beginning the survey have been given.
Irregularities in land owned by Waqf Board is something that was also highlighted in 2021 by the Department of Backward Classes, Most Backward Classes and Minorities Welfare through a Demi Official Notice sent to the Inspector General of Registration’s office. This notice states the land of Waqf Board in Tamil Naduwase is being transacted by third parties through the issuance of NOCs by Waqf Board’s staff. It also mentioned that such transactions stood in violation of laws governing Waqf properties and public properties. According to the notice, only an NOC issued by the CEO of the Tamil Nadu Waqf Board would be considered valid for permitting transactions relating to all properties that are in the records of the Waqf Board.
As of April 2023, the survey of the land of Waqf Board in Thirudchendurai is still underway.
Conclusion
Indian Government should take strong action against the CWS(Central Waqf Board) So that these types of bodies in India do not harm the rights of other
Through the Proposals in the New Waqf Amendment Bill 2024 Government will make the following changes given below:-
- Increased Government Oversight
- Inclusion of Non-Muslim Members on Waqf Boards
- Restrictions on Property Donations
- Changes to Waqf Tribunals
- Clarification on Government Property
These are the amendments made by the government to end the dominance of a body that was made to protect the rights of the second-largest minority but with time it became the kill of the Constitution. If a country is democratic then there should not be any existence of this kind of body.
FAQ
- What is the primary purpose of The Amendment of 2024 in Waqf Board?
The main purpose of the introduction to this bill is to put an end to the excessive powers of the Waqf Board which was miss used to acquire the land of common people and to create the dominance of religion by harming the fundamental rights of others by taking the reference of the case Thiruchendurai village in Tiruchirapalli district of Tamil Nadu case where this authority has filed a false claim on this village. to end this dominance this bill was introduced.
References :
