On Wednesday, a Sunni Musalman Community named Mafidaran Madaria Aalmeen (Fukran) Sansthan and others filed a petition in Rajasthan High Court against Waqf Board for holding property under the garb of managing Waqf properties. The petition sought the High Court to issue an order declaring that the Centre can only enact uniform laws for Trusts and Trustees, Charities and Charitable Institutions, and Religious Endowments and Institutions as defined in the Indian Constitution, and that they cannot enact separate laws for Waqf and Waqf properties.
According to a report by LawBeat, the petitioners in the plea contended that the property held by the Waqf Board in the name of safeguarding properties is in total violation of the Indian Constitution. It went on to explain that the act is opposed to secularism since no similar legislation exists in other religions. ‘It is against secularism, unity and integrity of the nation as there are no similar laws for followers of Hinduism, Buddhism, Jains, Sikhism, Judaism, Baha’ism and Zoroastrianism & Christianity,’ the petition by Mafidaran Madaria Aalmeen (Fukran) Sansthansaid.
The petition further added that there are over 6.6 lakh registered Waqf assets in India, accounting for approximately 8 lakh acres of land across the nation, making Waqfs the third largest landholder after the Railways and the Ministry of Defense.
“In last 10 years, Waqf Boards have rapidly captured the lands of others and declared those properties as Waqf Property. Resulted at present there are 6,59,877 properties according to data released by Waqf Management System of India (WAMSI) working under Ministry of Minority Affairs, up to July, 2020 have been registered as Waqf Property for far covered around 8 lakh acres,” the plea read.
It further stated that the Religious Endowment Act of 1863, the Indian Trustees Act of 1882, and the Charitable and Religious Act of 1990 are all designed to govern trusts and religious endowments for all groups. Instead of unifying them and creating a ‘Uniform Code for Trust and Trustees, Charities and Charitable Institutions, Charitable and Religious Endowments, and Religious Institutions,’ the Centre and State have arbitrarily enacted the contested religion-biased act, which violates the fundamental tenets of Articles 14 and 15.
It also said that the Waqf Board fails to conform to its ability to settle intricate Civil Disputes pertaining to Title and Possession of Property and that the power of the Civil Court to consider title-related problems had been taken away by forming the Waqf Tribunal under Section 83 of the Act. The petition also maintained that the act violated article 27 of the Indian Constitution as the Waqf Board, wherein Muslim political figures, Offers, Town Planners, Mutawallies, and other accessible individuals are paid from the state treasury, does not receive a single rupee from any Mosque, Mazar, or Dargah. The states, on the other hand, collect around 1 lakh crore rupees from the 4 lakh Temples, but there are no corresponding arrangements for Hindus.
“The provision for including a property as Waqf property is inconsistent with the principles of natural justice stipulated by Article 14 of the Indian Constitution,” the plea added. The enraged petitioners also asserted that the parliament cannot pass separate legislation granting Waqf properties unique status that is not accessible to other groups covered by the Religious Endowment Act of 1853. The Waqf Act was enacted in addition to and in derogation of the several laws that apply to trusts and religious endowments in all communities.
“They are not entitled to any further rights beyond those granted to Trusts, Charitable and Religious Institutions established by the Hindu Community or a non-Islamic religious body,” the plea added seeking the High Court to issue an order declaring that the Centre can only enact uniform laws for Trusts and Trustees, Charities and Charitable Institutions, and Religious Endowments and Institutions as defined in the Indian Constitution, and that they cannot enact separate laws for Waqf and Waqf properties.
Therefore, the petitioner pleaded with the court to order that the government can’t make separate laws for Waqf and Waqf properties, and that government can make only uniform laws equally applicable to all religions.