At last, someone in parliament has raised voice against the draconian Waqf act 1995. Harnath Singh Yadav of the BJP raised the issue in Rajya Sabha today.
According to Waqf act, the board can declare any property as Waqf property. Harnath Singh raised serious flaws in this act.
Yadav said that this is a very serious issue regarding the welfare of citizens of our country. The provisions of Waqf Act, 1995, are against the basic structure of our constitution. Because, not only do they restrict the independence and significance of our judicial system. They also are detrimental to the secular character of our country.
There are 32 Waqf boards in our country. All members of these boards are Mohammedans. These boards have been given such sweeping powers that they can lay claims to anyones property. By this act, that property will become property of Waqf board. This claim can not be challenged in any court.Harnath Singh Yadav in Rajya SabhaAdvertisment
A very serious lacuna in the Waqf act is that it has created a parallel system of jurisprudence. In this system, the board has usurped the powers of appellate authority also. According to Yadav:-
For example, you belong to district Jhunjhunu. If the board makes a claim on your residential or agricultural property, then you don’t have the right to even go to a court of law. The only remedy available to you is that you have to appeal to that very board that has dispossessed you from your property. In other words, all the powers of court, police and judiciary have been given to the Waqf board.Harnath Singh Yadav
Discrimination against non-Muslims
Harnath Singh raised questions behind the intention of designing such a biased law.
Looking at the absolute and sweeping powers given to the board under the provisions of this act , it appears that the previous government had designed this act to grab the properties of Hindus, Buddhists, Jains, Sikhs etc. This act has robbed the victim of his fundamental right to even challenge the board in a court of law.Harnath Singh Yadav
Yadav cited the example of a village in Trichi district of Tamil Nadu. The waqf board has declared the entire property of the village as property of the board. Most shocking is the fact that the temple of the village is 1500 years old. Therefore, this temple predates the beginning of Islam. Even this temple has been declared as the property of Waqf. This is a live example of the draconian powers bestowed on the board under Waqf act.
There can not be two sets of governance in a single nation. This act is against the independence and eminence of the nations judiciary.