Daily Times

The Waqf (Amendment) Bill 2024, to amend the 1995 Waqf Act (1995 Act), recently passed by India’s upper house of parliament, is not only a manifestation of the racist ideology of Punyabhumi, it also suggests the Indian government is adopting tactics reminiscent of Netanyahu’s policies, signalling a move towards the ‘Israelification’ of India.

The proposed amendments raise significant constitutional concerns, particularly in relation to Articles 14, 25, and 26 of the Indian Constitution, which collectively ensure equality before the law, freedom of religion, and the right to manage religious affairs. Furthermore, these amendments infringe upon the principles enshrined in the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, as articulated in Articles 1, 2, 3, 4, and 6 of the declaration adopted by the General Assembly in resolution 47/135 on December 18, 1992.

The contents of the legislation speak volumes of the fact that it aims to disempower and marginalize the already marginalized Muslim community. The message is loud and clear: All are equal in Indian Union but Minorities are less equal. The legislation is being Hindutvised.

The bill is an attempt to weaken the autonomy of Muslim Waqf properties and seize lands that have been historically dedicated for religious and charitable purposes.

The volume of Waqf property provides insight into the broader context of legislative Hindutvisation. Muslim waqf properties cover an extensive area of approximately 5,045 square kilometres. What does this mean? This area is near twice the size of Mauritius, which has an area of 2,040 square kilometres. It is about six times larger than Singapore and Bahrain. This land is larger than that of at least 26 countries around the world. Through this legislation, India appears to have intentions of appropriating this land.

The minorities are not safe in India; their cries often lost in the cacophony of indifference.

Muslim Waqf falls under the purview of personal law in India. The country has significantly altered the jurisprudence related to personal law by allowing non-Muslims to be included on boards that manage endowments, while also giving the government a larger role in validating their land holdings. Until now, the boards consisted only of Muslims, but this time, a provision has been added for the inclusion of non-Muslims.

The question at hand is: why are non-Muslim members being included in Waqf Boards when Hindu endowment boards do not permit non-Hindus? One might wonder if non-Hindus would ever be mandated, to serve on temple boards.

The proposed amendment exhibits overtly discriminatory characteristics, notably mandating Hindu individuals to oversee the personal matters of Muslim communities, while simultaneously imposing restrictions on all non-Muslims that prevent them from dedicating properties for waqf purposes. Moreover, neo-Muslims are subjected to an additional waiting period of five years before they can attain eligibility to dedicate property for waqf.

Importantly, the previous amendment in 2013 explicitly stated that “any person” had the right to dedicate property for waqf, thus indicating a significant regression in legal inclusivity with the introduction of the current amendment.

The stipulation of a five-year probation period is an unjust and racist piece of legislation. In Islamic jurisprudence, there is no established probationary period for individuals who embrace the faith. Upon converting to Islam, a convert-often referred to as a “neo-Muslim”-is granted full religious status. This individual is entitled to the same rights and responsibilities as those born into the faith from the moment of their conversion. The classification of Muslims as either ‘Muslim’ or ‘sub-Muslim’ seems to reflect an attempt to Hindutvize Islamic jurisprudence.

Additionally, the legislation has diminished the protections afforded by Waqf laws, resulting in an escalation of claims-both governmental and non-governmental-over Waqf properties and thereby legitimizing their expropriation. This development is likely to encourage further encroachments and facilitate the process for Collectors and District Magistrates to assume control over Waqf properties.

The international community must act before it is too late. The minorities are not safe in India; their cries are often lost in the cacophony of indifference. We stand on the precipice of silence, where every voice matters, yet so many remain unheard.

The writer is a lawyer and author based in Islamabad. He tweets @m_asifmahmood.