Waqf Act 1995

 

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Waqf Act 1995 

Today we will talk about the most beautiful creation of Congress (For Muslims)

Congress gave 40% of Indian land to Muslims in 1947 but they were not satisfied with 40% so they brought Waqf Act

Let's talk about its wonderful provisions

Hold ur seats

Yes such act exists in a secular country. Even no muslim country has such an act.

What is the waqf system ?

Its a part of muslim brotherhood charity system.

Suppose Ahmed is 80 year old. He has two flats. Before death he wants to donate 1 flat for qaum so he donated 1 flat to waqf

As he donated now that property belongs to Allah. Waqf board is not owner but caretaker of that flat and they can use that flat for Muslim school, hostel, community hall or any for Muslims 

So Waqf is property of Allah donated for charity for Muslims.

This  was the actual meaning

But this meaning changed with time

In 1947 Hindus left their land in Pakistan and came to India and Muslims left their land in India and went to Pakistan 

Pak confiscated all land of Hindus  in Pakistan and gave that land to Muslims and government of India did the opposite.

They said no Hindu will touch land of Muslims who went to Pakistan . 

Nehru collected all that land and gave to waqf.

Waqf board 1954 act was not as draconian but the real change came in 1995

Congress leader and PM PV Narsimha Rao brought Waqf act 1995 and gave them unlimited powers to acquire lands.

Lets talk abt the provisions of waqf act:

Section 3 (R)

What is Waqf - any property for any purpose recognised by the Muslim law as pious, religious or charitable.

So according to Muslim law (not Indian law) if they think that land is religious for muslim that becomes Waqf 

So suppose u purchased a land from Ramesh in 2010 and Ramesh purchased that land from Salim in 1965 then waqf board can claim that in 1964 Salim gave that land to waqf and now that is their land.

Now what you can do ?

You cant go to court. You have to go to State Waqf Board!

What is waqf board ?

In India there is a central waqf board and 32 state waqf boards.

Waqf board is a committee of govt appointed 7 Muslims. 

Congress brought temple act and captured all temples and said a non Hindu can also become member of temple board but thea Same congress brought waqf act, kept them autonomous and made law- no non Muslim can become part of waqf board.

Waqf board have a surveyor who kept surveying all lands and if he thinks any property belong to waqf they can issue notice.

Section 4 gives unlimited powers to the surveyor

Waqf is headed by a CEO who must be Muslim. Section 28 gives power to waqf CEO to order the collector.

So as you get notice, you have to take all drawings, registry, papers and have to run to Waqf board to convince them it's your land

(Same board who sent u notice)

Now comes the most wonderful section of waqf act : Section 40

Whether its ur land or waqf land it will be decided by waqf board and their decision will be final

So

Waqf is police

Waqf is lawyer

Waqf is judge

If you could not satisfy Waqf that its your land and you have been asked to vacate your land. You cant go to court

You have to go to waqf tribunal court. 

There are only 1-2 courts in every state. So you have to go the capital and will have to file your case there

Section 83 is about tribunal

Tribunal will have 2 judges (no religion specified) and one eminent muslim. You fought your case in tribunal and suppose you lost your case since tribunal also have their member then what are the options for you and here comes one more bomb in section 85..

Section 85 says tribunal decision is final

No civil court (Supreme court, High court) can change the order of tribunal court

Though later this clause was stuck down by Supreme Court in a Rajasthan case in May 2022

SC said no court is superior than us and we can interfere in any decision.

Let's talk abt some more gems from waqf act

Section 54 and 55

If waqf board think that your land is their land then Waqf can declare you encroacher and order DM, SDM to remove you and they have to follow their orders

In 2005, UP waqf board claimed on Taj Mahal against ASI though they lost case in Supreme Court

They used provisions of Waqf act in Gyanvapi case also but there they also lost. 

Question is powerful people can hire costly lawyer and can go to Supreme court but what about common man?

In Tamil Nadu waqf claimed an entire village.

Where waqf claimed that its not their responsibility to prove . It is the responsibility of victim to prove.

Question is how there can be a religious act in a secular country

1. Why there is no such act for Hindu, Christion and Sikh and only for Muslim ?

2. If a Christian, Sikh, Jain encroach a Hindu land or vica versa then they have to go civil court but if a Muslim encroaches the land of Hindu or any other religion then they have to go waqf tribunal.

Why this privilege to only one religion ?

Due to this draconian act, Waqf has become the richest body of India with 7 lac acre property and a market value of 12 lac crore

Waqf rents their land and earns crore of rupees which is used for their religious upliftment, fighting cases etc. 

Government also provides them financial supports.

You can read entire Waqf act 95 on Indian Kanoon website or minority ministry website

important sections : 3(r), 4,6,7,11,19,23, 23,29,30,40,77,83,85,99

Salary and allowance is provided to waqf members by waqf fund.

Waqf have administrative, supervisory n judicial powers but execution power is still with collector, DM and Police that arr mostly Hindus.

But as demography change happens in IAS, IPS also then waqf act will become 10 times more lethal.

Waqf act is violation of article 14 of the  Indian Constitution. 

Indian constitution doesn't allow any act that is religious and encroach right of other religions

In 1995, Congress indirectly gave India to one community by a blank cheque.

Waqf Act is that blank cheque

Amend Waqf Act 1995 now