38.6c New Delhi, India, Thursday, March 28, 2024
Speak Legal

Does the Waqf board hold any relevance in the secular India of today?

By LAWSTREET NEWS NETWORK      01 September, 2021 05:07 PM      0 Comments
Does the Wakf board hold any relevance in the secular India of today

The problem of illegal land encroachments in the name of religion isn’t new in India. It has been enumerated via a series of incidents how establishments such as the Central Wakf Board could be illegally gaining control of land by terming them as ‘Waqf’ properties. 

The same board has time and again been accused of acquiring lands and public places by fraudulent means, and the relevance of their acts has rightly remained questionable.

Bringing up the same again and rightly questioning the powers of the Wakf Board is Vishnu Shankar Jain, Advocate on record, Supreme Court. In a trending video on Instagram, he can be seen debating over the draconian and unfair provisions of the Wakf Act, 1995, especially those pertaining to the powers of the Wakf Board.

Advocate Jain has lashed out on the outdated, biased, and prejudicial provisions of the Wakf Act, namely sections 40, 51, 52, 54, 83, 92, 101, and 107 of the Wakf Act. He noted that these provisions confer unfair and unjustifiable powers in the hands of the Wakf Board as well as the Wakf Tribunal. At the same, the legal tenants under the act also exempt any suit for possession of immovable property comprised in any wakf from the provisions of the Limitation Act, 1986.

In a dialogue with former bureaucrat Sanjay Dixit, Advocate Jain can be seen lamenting over the very question as to why the government of the country and the e parliament hasn’t considered modification or quashing of such unfair provisions and on what basis is such a religious propaganda under the garb of law being permitted. Here’s a bare perusal of some of the startling provisions of the Wakf Act, 1955 as seen in the virtual clip: 

Section 40 of the Wakf Act, 1955:

Under section 40 of the Wakf Act, the Wakf Board can decide on any property being Wakf property without any additional basis. It states that: ‘Where the Board has any reason to believe that any property of any trust or society registered in pursuance of the Indian Trusts Act, 1882 (2 of 1882) or under the Societies Registration Act, 1860 (21 of 1860) or under any other Act, is wakf property, the Board may notwithstanding anything contained in such Act, hold an inquiry in regard to such property and if after such inquiry the Board is satisfied that such property is wakf property, call upon the trust or society, as the case may be, either to register such property under this Act as wakf property or show cause why such property should not be so registered.’ This provides grounds for illegal encroachment of land by the Board and should rightly be checked.

Section 83 of the Wakf Act, 1955:

Those aggrieved by the acts of the Wakf Board will have to seek reliance on the Wakf Tribunal, which has been conferred with all the powers of a Civil court. Section 83 of the Wakf Act to this effect further states that ‘No appeal shall lie against any decision or order whether interim or otherwise, given or made by the Tribunal: Provided that a High Court may, on its own motion or on the application of the Board or any person aggrieved, call for and examine the records relating to any dispute, question or other matter which has been determined by the Tribunal for the purpose of satisfying itself as to the correctness, legality or propriety of such determination and may confirm, reverse or modify such determination or pass such other order as it may think fit.’ This prohibits applicants from seeking due legal recourse and also leads to the concentration of power in the hands of the tribunal.

Section 92 the Wakf Act, 1955:

The Wakf Board also has the right to appear and plead as a party to the suit or proceeding any suit or proceeding in respect of a wakf or any wakf property. In the normal course of law, doing so will require an application to be made to the right authority subject to its approval or otherwise. However, under the provisions of Section 92 of the Wakf Act, the Board can become a party to the suit without having to go through any of these steps. This again leads to the assumption of excessive power in the hands of the Wakf Board.

Section 101 of the Wakf Act, 1955:

To make matters worse, Section 101 of the Wakf Act further deems the Survey Commissioner, members, and officers of the Board as public servants. To this, Advocate Jain rightly pointed out that no such persons of a religious board or Temple Authority, and neither the Hindu priests have been given such status under any laws in the country.

Section 107 of the Wakf Act, 1955:

Section 107 of the Act further states that: ‘Nothing contained in the Limitation Act, 1963 shall apply to any suit for possession of immovable property comprised in any wakf or for possession of any interest in such property.’ This confers powers on the Board and other interested members to claim action at any given time on an event that could have happened at any given point in time. Such broad powers could once again be detrimental to justice.

Section 4 of the Wakf Act, 1955:

Lastly, stating that the Wakf Board is nothing but a religiously spirited group, Advocate Jain pointed out that the sheer basis for the formation of the Board itself is debatable. As stated in Section 4 of the Act, ‘the Board for a State and the Union Territory of Delhi shall consist of— a Chairperson; one and not more than two members, as the State Government may think fit, to be elected from each of the electoral colleges consisting of, Muslim Members of Parliament from the State or, as the case may be, the Union territory of Delhi, Muslim Members of the State Legislature, Muslim Members of the Bar Council of the State, and, mutawallis of the wakfs having an annual income of rupees one lakh and above.’

Towards the end of the clip, Advocate Jain can be seen questioning the leaders of our land, the Central Government, and the parliament to look into the above and review such biased provisions for the greater good of all.  In the end, we are made to question if India is a secular country in the true sense of the term, after all!



Share this article:

About:

Explore Comprehensive Legal Reporting with LawStreet Journal: Your Go-To Source for Supreme Court an...Read more

Follow:
TwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

How the Waqf Board has the third largest ownership of land after the Indian Railways and the Defense Dept.? How the Waqf Board has the third largest ownership of land after the Indian Railways and the Defense Dept.?

SHO Bhardwaj was quick to defend the Maulvi in questioning regarding the Mazar but harassed the reported who sought truth. Why did the SHO have to harass a Media reporter when he was doing his job? Who benefits from this? Why is there a Mazar on a flyover? Why is a Minority Welfare development Board in control of so much property? || #Mazar #SHOBhardwaj #Mazar #Mosque #WaqfBoard #Islam #News #Waqf #RemoveSHOBharadwaj

Does the Waqf board hold any relevance in the secular India of today? Does the Waqf board hold any relevance in the secular India of today?

Towards the end of the clip, Advocate Jain can be seen questioning the leaders of our land, the Central Government, and the parliament to look into the above and review such biased provisions for the greater good of all.  In the end, we are made to question if India is a secular country in the true sense of the term, after all! Wakf board land scam, Central Waqf Board, secular India article

Wasim Rizvi, ex-chairman of Shia Waqf Board in UP, converts to Hinduism Wasim Rizvi, ex-chairman of Shia Waqf Board in UP, converts to Hinduism

Earlier, he had expressed his desire to get cremated after his death as per the Hindu religion. Rizvi had also said that he wants his pyre to be lit by Yati Narsimhananda. Rizvi was afraid that after his demise, people will not allow the burial of his body. Wasim Rizvi news, Shia Waqf Board india, Hinduism

TRENDING NEWS

sc-declines-to-reconsider-judgement-holding-conspiracy-to-be-scheduled-offence-under-pmla-only-if-offence-specifically-mentioned
Trending Judiciary
SC declines to reconsider judgement holding conspiracy to be scheduled offence under PMLA only if offence specifically mentioned [Read Order]

Supreme Court declines review, confirms conspiracy must relate to a scheduled offence under PMLA, dismissing appeal on money laundering charges.

27 March, 2024 07:40 PM
arvind-kejriwals-plea-for-interim-release-rejected-by-delhi-high-court
Trending Judiciary
Arvind Kejriwal's plea for interim release rejected by Delhi High Court [Read Order]

Delhi High Court rejects Arvind Kejriwal's plea for interim release in money laundering case related to liquor policy scam, pending ED's response.

28 March, 2024 10:50 AM

TOP STORIES

global-entertainment-giants-warner-bros-netflix-amazon-get-relief-from-delhi-hc-in-copyright-protection-case
Trending Business
Global entertainment giants Warner Bros, Netflix, Amazon get relief from Delhi HC in copyright protection case

Delhi HC grants relief to global entertainment giants like Netflix, Amazon, Warner Bros, ordering takedown of copyrighted content on rogue websites.

22 March, 2024 12:13 PM
arvind-kejriwal-arrested-can-cm-administer-a-region-while-being-in-jail
Trending Top Stories
Arvind Kejriwal Arrested | Can CM administer a region while being in jail?

Will President's rule be imposed in Delhi after Kejriwal’s arrest? Read the full article to know more.

22 March, 2024 03:16 PM
merely-because-you-are-politician-cant-bypass-statutory-remedies-procedure-sc-refuses-to-consider-bail-by-kavitha
Trending Judiciary
'Merely because you are politician, can't bypass statutory remedies, procedure,' SC refuses to consider bail by Kavitha

Supreme Court denies bail to politician Kavitha in Delhi Liquor Policy Scam; ED alleges Rs 100 crore illegal gratification.

22 March, 2024 03:34 PM
ponmudi-to-be-sworn-in-as-minister-tn-governor-relents-before-sc
Trending Judiciary
Ponmudi to be sworn in as Minister, TN Governor relents before SC

Tamil Nadu Governor relents to Supreme Court's order, agrees to swear in DMK leader K Ponmudi as Minister after court's rap.

22 March, 2024 03:54 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email