Sunday, 29 September 2024

Waqf Amendment Bill 2024 - Need of nation

 A good number of liberal, secular and democratic Indians by and large accept as right the basic spirit and contents of the Waqf Amendment Bill 2024. It is in tune with the spirit of inclusion, efficient and just management and accountable use of Waqf properties for diverse Indian Muslim groups is sharply divided while the bill replaces the word "Waqf" with the words Unified Waqf Management, Empowerment, Efficiency and Development". It makes scope for the inclusion of poor, backward, Muslim women, and non-Muslims too and consequently more inclusive.  Different clauses of the bill amending the Waqf Act of 1995 mirror the spirit and philosophy of the Constitution. 

Primarily, in a secular nation with a secular constitution, there should not be such communal acts and boards as the Waqf Act and Waqf Boards. They're not good at the unity and integrity of the nation, democracy and the constitution. They may be spreading disharmony inside the society and the country. So the Waqf Act have to be scrapped and Waqf boards ought to be disbanded. They're against the concept of secularism, equality and democracy. They'll breed separatism and communalism. They can claim the possession of any property like a land shark. So they have to be scrapped. However, the concept of Waqf is foreign, Islamic and discordant. Waqf Act is an Islamic / Sharia Act. So it should not apply to Hindus and non-Muslims and their properties like temples, ashrams, gurudwaras and other religious institutions of the Hindus and non-Muslims. Waqf act ought to no longer be applicable or claim on the government properties. No government can donate any property to the Waqf Boards. The government ought to not spend any money on non-secular institutions just like the Waqf Boards. 

Waqf properties ought to be managed and acquired by the government and be distributed to the landless people, Dalits, Tribals, Backwards and poor people of that village or town, as the case can be. There should be 50% Hindu and non-Muslim staff in Waqf Boards and Waqf Offices to offer it secular, inclusive and democratic character and reservation and quotas should provided to SCs, STs, OBCs and EWSs as with rules of the reservation and quotas.

 All the Waqf Boards should be under the control of the district collector. The decision of the district collector needs to be very final in any dispute. The claims need to be accepted via the District Collector. In case of any dispute, courts have the power to decide upon the case and not the Waqf Boards/Act. Their decisions should be final. The Waqf Board or the Mutawalli should no longer have any judicial powers to decide or listen the disputes. Government officials must be there in the Waqf Boards. Mullahs, Maulvis and other religious employees ought not to be appointed as employees and officers in the Waqf Boards. 

Judicial and survey powers should not be given to Waqf Boards and Waqf officers. Waqf Act should not apply to land possession earlier than 1995 on which date this act was created. The properties of Hindu temples and ashrams need to be returned to the Hindu temples and Ashrams. It surreptitiously conspires to encroach on the land and properties of the non-Muslims under the Sharia / Waqf Act. 

Waqf Boards should not have any survey right to the properties of temples, ashrams, Hindus and non-Muslims. The earnings of Waqf should be the earnings of the government. No special treatment to any religion is given. All need to be equal. 

 The 1995 act empowered Waqf Boards to investigate and decide if an asset is Waqf. This power doesn't match within the legal and constitutional framework of governance. This is the bitter irony that the Waqf (claimant) first declares the property belongs to it and then becomes the judge and jury on its claim. Hence, Waqf Boards have laid claim to whole villages and ancient temples throughout India which have been reported that many properties owned by railways and defence are illegally occupied by Waqf. 

 Historical monuments which are maintained and conserved by ASI are claimed by Waqf Boards. Their structures are tampered with. It's reported that in the capital Delhi alone 138 properties belonging to DDA and 108 belonging to Land & Development Office (L&DO) are illegally claimed by Waqf Boards. These reports have created conflicts and therefore need to be addressed. The bill rightfully removes the provision that gives absolute power to Waqfs to claim any property as Waqf in the name of charity and then become a judge in its purpose. 

The Amendment Bill rightly publicizes that any government properties identified as Waqf shall cease to be. In case of uncertainty, the Collector of the area will decide ownership and put up its report to the state government. In case it's deemed important the revenue records data shall be updated. 

The 1995 act empowered the appointment of a Survey Commissioner and Additional Commissioners to survey Waqf by Waqf Boards. The proposed bill rather empowers the Collectors to survey as per the state revenue laws. This amendment is needed and logical. 

The provisions of the bill which make sure: - 

i) Someone practising Islam for at least five years may also claim a waqf.

ii) Some Muslims must own the property being declared.

iii) Elimination of Waqf by users.

iv) Waqf-al-Aulad must not bring about a denial of inheritance rights to the proprietor's heirs which include ladies heirs. 

The 1995 Waqf Act provided for a Central Waqf Council to advise the Central and State governments and various Waqf Boards. This was very illogical. Though there was a provision for 2 women in the council, all participants had to be Muslims. So, it was not secular and inclusive. Considering that Waqf influences even non-Muslim communities the Bill logically stipulates that 2 members in the Central Waqf Council ought to be non-Muslims. MPs / former judges or eminent people should not necessarily be Muslims. 

The Bill nonetheless provides that representatives of Muslim establishments, scholars in Muslim Laws and Chairpersons of Waqf Boards must be Muslims. Additionally of the Muslim members, 2 must be women. The Bill empowers state governments to appoint 1 person from MPs/MLAs/MLCs/Bar Council to State Waqf Boards. They need not be Muslims. There could be as a minimum 2 non-Muslim members on the Board. The Board shall necessarily have as a minimum 1 person each from Shia/Sunni/Backward Classes/Dalits/Adivasi/Hindus/Jains/Sikhs. It should have one member each from Bohra and Agakhani communities if they have Waqf in the state. Two Muslim members should be women. That is apparent that those provisions shall make State Waqf Boards inclusive and secular. 

The 1995 act stipulates that decisions delivered by Tibunals constituted by Waqf Boards to settle any disputes are final and shall not be subject to further judicial reviews. This is very regressive. This is against all tenets of justice/Constitution and the rule of law. The Amendment Bill allows the decisions of Tribunals to be appealed against.

 The bill authorises the Central government to make laws regarding registration, publication of accounts and publication of proceedings of Waqf Boards. The Union Government shall also have the right to get the accounts of Waqf Boards audited by the CAG or any designated officer. This shall surely help in the smoother, objective, honest and corruption-free management of various Waqf properties. 

In this light, the proposed Amendment Bill is perfectly in step with the ideas of secularism, democracy, inclusiveness,  the guidelines of the constitution and accountability.

Tuesday, 17 September 2024

No place for the Hindus...

 Isn't it adequate that Hindus and India preach and educate the world and the coming generations about secularism, inclusiveness and non-violence? However, they are almost silent about the trauma billions face in the Indian subcontinent and other parts of the world. Do we have to splash August 14, or any date, as a tribute to Horrors Day? Now, someone would say that only a sick mind and heart can dwell upon catastrophe, for that's what partition laid bare—an ordeal to go over intrepidly if possible, but not to lay bare dehumanized acts.

Partition of our millennia-old nation was the largest civilizational, human and geopolitical disaster of all ages. Regrettably, a big segment of academia has either been trying to thrash it or even putting riders on its tribute. This is outrageous! That too, in the University campuses which teach papers on trauma and memory studies! The Universities talk about traumas of the entire world but not of the Hindu community and nationality!

The people who talk loudly about 'We stand with Hamas and Palestinians ' are soundless on the issue of Bangladeshi Hindus. In the same way, they are trying to hide the crimes against Hindus. We are living in times in which even academicians who were once natural intellectuals have now transformed into the very fixed and agenda-driven intellectuals whom they dislodged. However, academicians are also bold and aggressive selectively. Remember, the anger of academicians on the Kathua rape case, Hathras, Manipur, Hamas.

'Trauma' and 'Partition'  as categories of inquiry are popular in our pedagogy. Bangladesh events are very important. They tell us the Partition is not simply an event but a dreadful memory playing out in countless ways by blazing its stories into our souls. These young Bangladeshis don't remember the sacrifice of Indians and the Hindus in '71, let alone '47. These young Bangladeshis don't remember '71, let alone '47. And yet deep within they nurture a hatred for, everything India and the Hindus that has roots in that almost forgotten 'memory'.  Even, nothing has been done by the government of India, intellectuals, or even media so far in support of the vulnerable Hindus in Bangladesh today.

Hardly anybody has posted very strongly on my social media pages and in various WhatsApp groups condemning the killing of, and atrocities on, Hindus in Bangladesh, which is to be read in the same manner as any such discrimination anywhere in the world. Terrible events springing from genocidal hatred, are producing terrifying outcomes in Bangladesh, and Hindus are eagerly looking for some really strong words of both support and warning from the Indian PM, and the raising of the violence officially by influential voices and organisations. Hatred of the type we're witnessing in Bangladesh today must be crushed.

Khulna and Jossore were 'Hindu Majority' districts that went to East Pakistan in 1947 due to the treachery of the Late Jogendra Nath Mondal and the lackadaisical approach of Pt. Nehru. Murshidabad came to India despite being Muslim majority. Now, Muslims have almost wiped the entire Hindu population out of Khulna and Jossore where as the Muslim population of Murshidabad has gone up to seventy percent. Bangladeshi Hindus have the equal right to live in their own country without the constant threat of being wiped out.

Encouraging the Hindus to leave Bangladesh and live in India as refugees or migrants is not a solution. That would be repeating the Kashmir mistake! The selective and agenda-driven outrage must be shunned. We persistently raise our voices for what's happening in the Middle East or for the Muslims and refuse to speak up for those suffering atrocities in the neighbourhood and for the Hindus. Hindus coming as refugees or migrants is not the answer. CAA is also not relevant. How long, this weakness and non-violence of Hindus will be helpful to the Hindus? The government of India must claim enough territory of Bangladesh to settle the Hindus.

As far as solutions are concerned, the government of India needs to assert itself. At least send a stern warning across that Bangladeshi Hindus are not orphans. As for the Opposition, they need to support the government and speak up for the Hindus of Bangladesh. Any action taken must have the support of all. We can't have an opposition focusing on lesser matters while Bangladesh burns!

We must speak on behalf of the Bangladeshi Hindus. They're homeless, despite being settled all over the globe. Why should the Hindu minority leave quietly just because the brutal majority community wants the whole State/Nation to themselves? May I ask whether the Palestinian Muslims would ever leave Gaza and settle elsewhere? So, Hindus must stay put to the extent possible. Leaving under duress legitimises majoritarianism.  It is very appropriate to read Dhaka University's Professor Abul Barkat's research on the condition of Hindus in Bangladesh. Based on absolute facts he had declared that if such a terrible condition of Hindus continues, no  HINDU will be left in Bangladesh after a few decades.

The Hindus who dared to resist the Islamist extremists and stay in their Matribhumi are on the verge of depletion. Where have the Hindus of Bangladesh disappeared from 30% in 1951 to 8% in 2011?

KILLED, CONVERTED or FLED!

After Partition, minorities in India were protected and flourished but what is the situation of minorities in the countries which were created- Pakistan and Bangladesh? Very deplorable! Strength in action is the real deal. But let us build that relationship on the grounds of clear communication - unless the minorities are protected, India will be constrained to consider Bangladesh a friendly nation. If they are protected, India will go the extra mile to help Bangladesh's stability. India will talk tough with Bangladesh. Nation wishes to hear strong voices about what were must do. Analysis of the situation is passé. We all know what is happening there. We all know of the horrible plight of the Hindus in Bangladesh today.

A Bangladeshi Hindu raised a very poignant point "Why is it that Hindus and Hindu properties are targeted every time there is a Revolution, regime change, or some such disturbance". Nobody deems all this as a problem that Bangladesh's students, civil society and citizens are trying to control. Till now, no answer to the important question raised above has been provided by the students, members of the civil society and citizens. 

Not just Nehru! The policies of the Indian Government over the decades were flawed!

Looser takes everything...Winner get nothing...

 Here is a wrestler who becomes a national sensation without a victory or medal. She has become a national icon without any achievement. To the stand winners, take the laurels. However, there is a name - Vinesh Phogat. Gold - No, Silver - No, Bronze - No or medal - No, she has grabbed all the attention and sympathy. For her, this is not a new narration. It deepened as she surged into the fifty kg. Olympic wrestling final, the first Indian woman to storm into the final. Then came the appalling news of her disqualification due to being a hundred-gram overweight. Instead of silencing her tale sweep, her failures had a pattern of elating it higher and higher. She is a master of sustaining this art.

There is nothing unique to lose in sports. Most participants lose more than the winners. In Paris, there are only three winners in each game and most Olympians lose. There are many Indians too, who narrowly missed the bronze. They missed bronze by a thin distance, in badminton, archery, shooting, athletics, and weightlifting. But, great Vinesh had much more share of name and fame even in ducks. She has more hits than any other struggling sportsperson to her credit what's fascinating about her memoirs is.  What is special about this Olympian in India? It is the conflict, she brawled far away from the ring for some conflicting claims about sexual harassment.

However, here the bout was far more real and tough. It was a real bout of strength and skills. Many Indians aspire to be a part of the Olympic test but only a few succeed although they have all the potential and strength. But, luck doesn't bless them, unlike Vinesh. They only glue to the TV screen and understand the luck of a celebrity who grips on both, with a sort of unmindful heroism. It is a lesson to others as said by John Milton, ' They also serve who only stand and wait.'

Many voices have floated conspiracy theories around her disqualification. It is now clear that they are ignorant about the wrestling rules. This is a country where most of the conversation is in the style of Bollywood. Former Chief Minister of Haryana, Shri Bhupindra Singh Hooda did a wonderful stunt by demanding the government to nominate Vinesh Phogat to the Rajya Sabha. However, this stunt was wisely and timely punctured by the family of Vinesh itself by dubbing it a 'political stunt' lest it became a national controversy and mockery. Even they started doubting the entire selection and switch-over process from the 53 kg to 50 kg category. These over-zealot voices have to be silenced by the sports minister by giving details about the huge amount of money spent by the government of Vinesh and her training. An MP termed her disqualification as a lesson to all to keep our weight in control and check. 

The strength and plot of this tale is Vinesh herself. She played her role very perfectly, whether, in politics, protest, sports, words, postures, photo sessions, her tweet announcing her retirement,  her reflections were beyond words haul. Not long ago, she bitterly lashed the same Indians for standardizing the sexual abuse, which made her a national celebrity and glorious victim without any medal.

Regular trolls, feminists, liberals and 'Me Too' warriors also found a good opportunity to jump into the ring and came lashing with set lexicography like patriarchal elements in the 'macho government', not listening to a woman. Some compared her with Kamala Harris, and some branded her as a 'lioness', 'sherni', 'tigress' and whatnot.

Vinesh made the nation forget the atrocities against the Hindus in Bangladesh, five hundred deaths in Waynad,  more than a hundred deaths in the Tamilnadu hooch tragedy, Manipur violence, the success of the film Kalki etc. Nobody remembers the names of the winners Manu Bhaker, Neeraj Chopra, Swapnil Kusale, Aman Sehrawat, Shrijesh etc. Earnest Hemmingway very aptly commented, "Winners take nothing." This charisma is Vinesh. God doth not need, Either man's work or his gifts; who best, Bear his mild yoke, they serve him best.