Encroached, Erased, Exploited: Lawyers Expose the Real Story Behind India’s Waqf Debate
Legal experts in Kolkata reveal over 59,000 Waqf properties encroached, challenging PM Modi's misleading statements against Waqf institutions. They argue the proposed Waqf Amendment Bill 2024 undermines constitutional protections, erodes board autonomy, and fuels anti-Muslim sentiment. The bill, lawyers claim, serves capitalist interests by legitimizing long-standing illegal encroachments
Kolkata: More than 521 properties identified by the Sachar Committee in 2006 have been infringed upon by government agencies. The report also lists properties under unauthorized possession by the Archaeological Survey of India (ASI), the Delhi government (DDA), the Railways, and the Army (Delhi Cantonment). These are properties that the government itself ack nowledges have been encroached upon.
Even Union Minister Kiren Rijiju, in a statement in Parliament, mentioned that more than 59,000 Waqf properties have been encroached upon. According to the Nissar Commission report, more than 11,000 properties in Kerala alone have been encroached upon.
These points, among several others, were raised during the Lawyers for Waqf press conference in Kolkata, opposing the central government’s proposed Waqf Amendment Bill 2024.
“While Waqf Boards are struggling to reclaim their encroached lands, rumors are being spread that wherever the Waqf Board lays its hands, the land automatically comes under its control. India is a country governed by the Constitution, and properties cannot simply be declared as Waqf without due process. Surveys are conducted by state or central government officials, and acquisitions are based on their reports,” stated Sheikh Khurshid Alam, the lawyer leading the group.
“They are not land grabbers, as propagated, but victims of encroachments,” Khurshid added.
In 2019, as a follow-up to the Sachar Committee report, the ASI (Archaeological Survey of India) identified 267 properties that needed protection.
“If the government claims to be eradicating corruption in Waqf Boards, then let them point out which clause in the proposed amendments actually addresses this issue,” questioned Alam.
On PM Modi’s Statement That There Is No Place for Waqf in the Indian Constitution
Reacting to Prime Minister Narendra Modi’s statement, Alam described it as irresponsible, adding that the PM should learn the Constitution.
“After PM Modi’s statement, Islamophobia has been spreading on social media and in mainstream media. The Prime Minister said that there is no place for Waqf laws in the Constitution. Yet, while tabling the Waqf Amendment Bill 2024, the government claimed that the bill was intended to strengthen Waqf. On the one hand, PM Modi denounces Waqf laws, while on the other, the government claims to support them. These contradictory statements have created confusion and fueled Islamophobia,” said Alam.
Supreme and High Courts Have Given Judgments in Favor of Waqf Boards
Alam cited a recent judgment as an example. In a case involving the Punjab Waqf Board, a village panchayat had claimed that a piece of land did not belong to Waqf since it had not been in use for a long time. However, the Punjab and Haryana High Court ruled: “Even if a Waqf property is not actively used, it will remain a Waqf property.” The court upheld the principle of “once a waqf, always a waqf.”
“Waqf Boards are not engaged in ‘Waqf Jihad’ or land grabbing. It is the government that wants to hand over Waqf properties to its capitalist friends,” Alam asserted.
Hidden Agenda Behind the Proposed Bill
Another lawyer, Ataul Mustafa, highlighted the hidden agenda of the government behind the proposed bill.
“Under Section 40 of the Waqf Act 1995, the Waqf Board has the authority to resolve disputes over properties, including determining whether a property is Waqf or not. The final decision rests with the tribunal. However, if the proposed amendments are accepted, Section 40 will no longer be functional. Instead, district administrations or deputy commissioners will decide disputes—despite their involvement in encroachments in many cases,” Mustafa argued.
“In 2006, the Sachar Committee noted that there were 9.4 lakh acres of Waqf land, valued at Rs. 1.2 lakh crores. It is not an exaggeration to say that the central government wants to grab these properties. The main objective is to legalize the encroachments made by capitalists over the past 12 years, preventing Waqf Boards from seeking legal recourse,” he added.
The Amendment Will End the Autonomy of Waqf Boards
Ammar Zaki, another lawyer, explained why they oppose the bill.
“It is crucial to understand why we are opposing the Waqf Amendment Bill 2024. The main reason is that the Waqf Board has always been an autonomous institution. This amendment will strip it of its autonomy, placing it under the direct control of central or state governments. The bill violates three constitutional provisions: Articles 25, 26, and 30,” Zaki reasoned. The other lawyers present at the panel were Nasiruddin Ahmed, Mahboob Alam, Imteyaz Anwar, and Rofikul Islam. All the lawyers unanimously agreed that the bill is not just against Muslims but also against the Constitution itself..
