The Narendra Modi-led NDA government is likely to table a Bill meant to amend the Waqf Act, 1995 in the Lok Sabha on Thursday. The Bill is aimed at making some sweeping changes to this law, giving the government significant control in regulating the Waqf affairs including the functioning of the Waqf Boards across the country. This has drawn sharp criticism from sections of the Muslim organisations, including the All India Muslim Personal Law Board (AIMPLB), and the Opposition parties. The prominent Lucknow-based Sunni cleric and Lucknow Eidgah Imam, Maulana Khalid Rasheed Farangi Mahali, who is also an AIMPLB executive working committee member, speaks to The Indian Express on a range of issues related to the Waqf row. Excerpts: The government is now set to bring the Waqf Amendment Bill in Parliament. Do you think there is a need to amend the Waqf Act, 1995? We believe the present Waqf Act is more than sufficient for the management, security and development of Waqf properties. There is no need for any amendment because the existing laws are sufficient to fulfil the Waqf objectives. A draft of this Bill has been circulated to the MPs. What are your issues with the proposed legislation? The structure of a Waqf Board is democratic. An election takes place for Waqf Board's chairman by voting done by mutawallis (caretakers) of Waqf properties. In the Board, there are two MPs, two MLAs, two Bar Council members, two members appointed by the government, and there are two women members – which is a requirement. The new Bill says the chairman would be appointed through selection and not election, which is undemocratic. As per existing laws, the government appoints a Waqf Board CEO. It is wrong to say Waqf Boards function as per their whims. The Waqf Tribunals are also created through provisions of the existing Act, and its three members are there – one from judiciary and two appointed by the government itself. Its objective is that if there are any disputes with regard to Waqf properties, it can be resolved without burdening the judiciary. If someone is not content with the decision of the Tribunal, then they can approach a court. I am saying this because confusion has been created that there is no legal mechanism to resolve issues related to Waqf properties. The second thing I would want to clarify is that there is this notion being spread by some in the media that any Muslim can claim a property and make it Waqf which can be registered with the Waqf Board. This is baseless. There is a proper mechanism for a piece of land to be registered with the Board which is done after checking revenue records and through legal process. All the Waqf properties across India are those which our ancestors as per our community’s religious belief dedicated for charity and religious purposes. The third confusion being spread is that after Defence and Railways, Waqf (Boards) have the most properties. a figure in crores is being quoted. and that there is no income from these properties. The reality is that more than 80% Waqf properties are such that you can’t generate revenue from them. They are mosques, graveyards, orphanages or madrasas. These don’t give income because they can’t be sold or transferred… The Constitution gives all religions the right to manage their own affairs. Then how can someone from another religion be kept in the Waqf bodies? Another thing is that if you are appointing Waqf members from other religions, will you have Muslims in other religious bodies? There is anxiety among Muslims because of these confusions. The government is saying the proposed legislation would ensure more transparency in Waqf management. Transparency in what? There is a mosque where donations are taken every Friday. That money is used for the affairs and maintenance of that mosque. There are some Waqf properties which are being used for commercial purposes. Then, there is the provision for audit of Waqf properties through auditors, and seven per cent of its income has to go to Waqf Boards. These provisions are already there. The amendment Bill seeks to establish a separate Waqf Board for Bohras and Aghakhanis. What is your response? How do these communities manage their properties so far? They manage it through the Trust Act. I wouldn’t name any religion but other communities form trusts through the Trust Act, and manage their properties. If these communities (Bohras and Aghakhanis) want to form a Waqf Board to manage their properties, then they create their Waqf Boards. If some community has an issue with Waqf Act, then the Act should be abolished, and we should also manage our properties through the Trust Act. What else can be done?
