Minorities | SabrangIndia https://sabrangindia.in/category/minorities/ News Related to Human Rights Mon, 28 Apr 2025 13:36:39 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png Minorities | SabrangIndia https://sabrangindia.in/category/minorities/ 32 32 Echoes of Hate: Online anti-Muslim hate spreads against Muslim businesses and workers after Pahalgam attack https://sabrangindia.in/echoes-of-hate-online-anti-muslim-hate-spreads-against-muslim-businesses-and-workers-after-pahalgam-attack/ Mon, 28 Apr 2025 12:10:41 +0000 https://sabrangindia.in/?p=41475 Following the Pahalgam attack, a wave of anti-Muslim incidents reported across the country, from online targeting of Muslim businesses to harassment of shopkeepers and vendors, communal rumours spread like wildfire, igniting fear and fracturing the nation's social fabric, this is the dangerous consequence of unchecked online hate manifesting in real-world violence

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In the digital aftermath of the Pahalgam terror attack, a disturbing trend of online hate has taken root, demonstrating a clear object: the economic and social marginalisation of the Muslim community. The meaning behind this digital onslaught is the propagation of collective guilt and the dehumanisation of Muslims, falsely associating an entire religious group with an act of terror committed by individuals. This manifests through the widespread circulation of readymade templates and scripted messages on social media platforms, specifically targeting businesses owned by Muslims and explicitly calling for their economic boycott.

The effect of this orchestrated online hate campaign is multi-faceted and deeply damaging. Socially, it fosters an environment of fear and distrust, further polarising communities and entrenching existing prejudices. The constant barrage of hateful content online normalises discrimination and can incite real-world violence and ostracisation. This digital propaganda effectively weaponises social media, turning it into a platform for disseminating prejudice and enacting a form of collective punishment due to stereotypes.

In Dombivli, protesters called for economic boycott of Muslim vendors

While a protest was organised in Dombivli city of Thane district ostensibly to condemn the Pahalgam terror attack, disturbing elements within the gathering have surfaced, raising serious concerns about the underlying motivations and potential for communal incitement. A video from the event reveals a man addressing the assembled crowd, and instead of solely focusing on denouncing terrorism, he openly called for the economic boycott of non-Hindus within the area. This inflammatory rhetoric specifically targeted the livelihoods of fruit sellers and local vendors, effectively painting an entire community with the brush of suspicion and demanding their economic marginalisation.

This shift in focus from condemning a specific act of violence to targeting an entire religious demographic for economic strangulation is deeply alarming. It highlights how events intended to express national solidarity and condemnation of terrorism can be hijacked by individuals seeking to propagate divisive agendas and incite discriminatory practices against minority communities, turning grief and anger into tools for economic coercion and social exclusion within the local sphere of Dombivali.

The insidious nature of online hate lies in its ability to spread rapidly and anonymously, leaving a lasting scar on the social fabric and hindering any prospects of reconciliation and understanding.

Nine BJP workers booked for ‘abusing, assaulting’ Muslim hawkers in Dadar

Similarly, Mumbai police have registered a case against nine BJP workers, including Akshata Tendulkar, president of Mahim Assembly, for allegedly abusing and assaulting Muslim hawkers in the Dadar market area, following a complaint filed by hawker Saurabh Mishra. The case is being handled by the Shivaji Park police.

The Indian Express reported that the incident happened on Thursday evening. Tendulkar and his eight associates reached Dadar market area opposite Rangoli store and allegedly asked hawkers if they were Muslims, the complaint read. Mishra added that they assaulted one of the Muslim workers who work under him.

“They asked my worker Sofiyan Shahid Ali his name and then abused and assaulted him. When Ali ran away from the place, they chased him and again assaulted him,” Mishra said

In a separate account, Tendulkar, speaking to a news channel, defended the group’s actions by asserting they were pressing for police intervention against alleged Bangladeshi nationals using forged Indian documents. He claimed that their repeated complaints about illegal immigrants selling produce in the area had been consistently ignored by law enforcement.

“We had requested police to take action against those Bangladeshi nationals who have created fake Indian documents and were selling fruits and vegetables as hawkers. We and local residents were angry over the matter. Local residents were asking us what the BMC and police are doing? On Thursday we had gone on a round to check where all Muslim people works and what (solution) can be done” Tendulkar said, reported the Indian Express.

DCP Zone 5 Ganesh Gawde stated that the Shivaji Park police station has registered a case against the nine accused under sections 189(2), 191(2), 115(2), 351(2), and 352 of the Bharatiya Nyaya Sanhita, as well as sections 37(1) and 135 of the MP Act. He confirmed that the investigation into the matter is currently underway

BJP’s national spokesperson, Shehzad Poonawalla, offered a similar narrative, using the same platform to urge a different kind of boycott. He took to X, stating, “Dear Hindus Jaat ke naam pe batoge, Toh Dharm ke naam pe katoge Telling you this as an Indian Muslim, Jo tumhe jaati me baante – take a pledge to boycott such people forever #PahalgamTerroristAttack.”

Muslim worker removed from temple job by right-wing group

In a disturbing manifestation of the heightened communal tensions, a Muslim youth named Shahid reportedly faced the abrupt termination of his employment at a temple. The sole reason cited for his dismissal was his religious identity, with the tragic incident in Pahalgam being used as a pretext. Shahid’s case starkly illustrates the insidious reach of communal prejudice, where an individual’s established work within a place of worship became irrelevant in the face of generalised suspicion directed towards an entire community.

A user while sharing the video of incident, wrote o X that “Hindus are no longer in a mood to tolerate. After #PahalgamTerrorAttack, an economic boycott has begun, removing them from business and labour roles. Finally, Hindus are uniting”

Indore doctor refused to treat a Muslim patient in response to the Pahalgam attack

The ripple effects of the Pahalgam terror attack tragically extended into the realm of healthcare, as evidenced by a deeply concerning incident in Madhya Pradesh’s Indore. Dr. Neha Arora Verma, a medical professional, reportedly refused to treat a Muslim patient, explicitly citing the terror attack as the reason for her denial. The doctor went so far as to share a screenshot of her message, in which she callously informed the Muslim woman, “I’m sorry, we are no longer taking any patients at our centre.”

This act of blatant discrimination, seemingly motivated by collective punishment and prejudice, highlights the dangerous ways in which fear and communal animosity can permeate even essential services like healthcare.

While Dr. Verma subsequently deleted the post, the initial message served as a stark and disturbing illustration of how the aftermath of a terror attack can be shamefully exploited to deny fundamental rights based solely on religious identity, further fracturing the social fabric of the community.

Hate banners surface in Punjabi Bagh calling for economic boycott

Shockingly, hate-filled boycott banners have surfaced in Punjabi Bagh, openly targeting an entire community and inciting economic ostracisation. This blatant display of prejudice, in a public space, sends a chilling message, fostering an atmosphere of fear and distrust. The banners represent more than just isolated incidents; they are a symptom of a larger, more insidious problem.

Adding fuel to the already raging online propaganda advocating for the economic boycott of Muslims in the aftermath of the Pahalgam terror attack, a right-wing organisation identifying as Sanatan Hindu Ekta Vichar Manch amplified this divisive rhetoric on X. Their post explicitly called for a sweeping boycott, urging followers to “Boycott everything from which even one rupee goes to terrorists or has the possibility of going,” before listing a wide array of targets including “Films, Tourism, Hotel business, Street vendors, Shops, Building material, Anything at all.”

Inflammatory Speech by VHP leader in Alibaug

Chetan Patel, the Raigad district president of the Vishwa Hindu Parishad (VHP), delivered a deeply troubling speech during a gathering in Raigad, Alibaug. In his address, Patel called for the social and economic boycott of Muslims, labelled secular-minded individuals as “worms” who must be crushed, and encouraged the use of violence and public humiliation against those advocating communal harmony. Referring to the situation as a “dharma yudh” (religious war), he invoked dangerous communal imagery, urging Hindus to tighten economic controls and sever ties with minorities. His statements not only vilified an entire community but also encouraged vigilantism and collective punishment, striking at the very foundations of India’s constitutional commitment to secularism and equality.

Following the circulation of the video on social media, several concerned citizens raised complaints against Patel, highlighting the incendiary and divisive nature of his remarks. In response to mounting backlash, Patel issued a video apology, attempting to limit the scope of his comments by claiming they were directed solely at those supporting terrorism and foreign forces. He further stated that his intention was to preserve communal harmony in Alibaug. However, his original speech remains deeply problematic: it normalised hate speech, promoted unlawful actions like economic boycotts and violence, and severely undermined efforts to foster peace and unity. Even the subsequent apology fails to meaningfully address the dangerous consequences of the original call to action, which risked legitimising discrimination and communal violence in an already volatile environment.

Transcript of the violent derogatory speech:

In Alibaug, the town of ‘dead’ Hindus, to see so many of you gathered, I feel happy. Every time, instead of acting, we sit at home and curse some Salim, Maqdoom, or whoever, blaming them. Don’t blame them. Spot and single out the ‘secular worms’ among us, in our society, in your society — get them, crush them.”

“These are the people who have taken on the mantle (the vakalatnama) and constantly say, “All Muslims are not like this,” and so on. Catch hold of them and ask them: who gave you this vakalatnama? If we want this to end, we must first crush these ‘secular worms’ among us. Single them out. Socially boycott them. If they are making these arguments anywhere, slap them, fling cow dung on them. This has to stop. Until this stops, such incidents will continue happening.”

“Most critically, cut off their economic lifeline. This started during the Nagpur riots. Things in Nagpur are hawa tight (they have been taught a lesson). It has started in Nashik too. I know that in Alibaug squeezing them economically is tougher, but we must try and crush them economically.”

“Every rupee you spend on their business will be used against you. No one was asked over there whether you are Agri, Mali, or of any particular caste. They were simply asked to read the kalma, their pants were stripped, and then they were shot dead. They attacked only Hindus. Make them feel ashamed.”

“From tomorrow itself, when you are purchasing anything, at least practice an economic boycott. (Claps from five or six people.) Ask the names of those you are buying from. Until this starts, every month we will be meeting here for a shradhanjali (condolence meeting).”

“If we want to escape this cycle, economic boycott is the way. Every path has its method — not every person needs to brandish a sword. This should not be announced publicly, but it must sometimes be said. All of you assembled here — spread this message to your neighbours.”

“Purchasers too: look at whom you are buying from. If he is giving it for two rupees less, why can’t you? Start this. Tighten their economic strings. Squeeze them. Start now.”

“Cursing PM Modi or any Prime Minister or Home Minister every morning is not enough. This is a dharma yudh (religious war). Understand the 350-year-old history. Stand united, or else we will be chopped like potatoes and onions!”

“Forget brotherhood and harmony. A person who is not a brother to his own cousin sister, how can he be a brother to you?”

“Be ready for war. Economic boycott is the only way.” (Claps; around 15 onlookers present.)

Transcript of the apology:

Namaskar. Jai Shri Ram. A video of mine has gone viral on social media. In order to prevent any misuse or misunderstanding, I wish to clarify that my words and opinions were not directed against any patriotic Indian citizen. They were aimed solely at those who, directly or indirectly, support the heinous act that took place in Pahalgam on April 22. My words were against those forces — from Pakistan, Bangladesh, or individuals associated with them — who should not be economically empowered. In my peaceful Alibaug, nothing should happen to disturb political, communal, or inter-religious harmony. It is with this intent that I am issuing this second video statement. If any Indian citizen’s religious sentiments have been hurt by my previous statement, I sincerely apologise. Jai Hind.”

The digital firestorm following the Pahalgam terror attack has tragically ignited real-world flames of discrimination. Online calls for economic boycotts against Muslim businesses, amplified by right-wing groups and reflected in localised protests like the one in Dombivli, have chillingly materialised into tangible acts of prejudice. The assault on Muslim hawkers in Dadar by BJP workers, explicitly targeting their religious identity, and the discriminatory dismissal of a Muslim youth from his temple job, alongside the denial of medical care to a Muslim patient in Indore, paint a grim picture of collective punishment and eroding social trust.

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Waqf Amendment Act 2025: An erosion of rights under the garb of reform https://sabrangindia.in/waqf-amendment-act2025-an-erosion-of-rights-under-the-garb-of-reform/ Fri, 25 Apr 2025 09:21:24 +0000 https://sabrangindia.in/?p=41441 Renaming the legislation "Unified Waqf Management, Empowerment, Efficiency, and Development Act" (UMEED Act), in line with the government’s enthusiasm to rename things; a critical examination of the amended provisions reveals that provisions of the 2025 act represent a significant regression, fundamentally undermining the religious autonomy and property rights of the Muslim minority, thereby challenging constitutional safeguards’ some amendments directly weaken legal protections afforded to Waqf properties, raising fears of systematic dispossession

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The Waqf (Amendment) Act, 2025(2025 Amendment), which received Presidential assent on April 5, 2025, following intense debates in both houses of Parliament, has ignited a significant national controversy. Officially titling the act as the Unified Waqf Management, Empowerment, Efficiency, and Development (UMEED) Act, the legislation amends the Waqf Act, 1995 (1995 Act). The government asserts the changes are necessary reforms aimed at enhancing transparency, accountability, and efficiency in the administration of India’s vast Waqf properties.  However, the Act has drawn widespread criticism and triggered numerous legal challenges, with opponents arguing it fundamentally undermines the religious autonomy and property rights of India’s Muslim minority, potentially infringing upon constitutional guarantees. The Supreme Court is currently examining the Act’s constitutionality amidst ongoing protests. This article first presents a brief context around the concept of Waqf, then in the second part examines the provisions of Waqf Act, 1995 prior to the 2025 Amendment. In the third part, the changes brought in by the 2025 amendment are discussed. In the fourth part, the impact of the 2025 amendment is discussed.

Part 1: The Legacy of Waqf – From pious endowments to modern law

The concept of Waqf is deeply rooted in Islamic jurisprudence, representing a unique form of religious and charitable endowment. In Islamic law, Waqf signifies the permanent dedication, by a person professing Islam (known as the Waqif), of any property, whether movable or immovable, for purposes recognized by Muslim law as pious, religious, or charitable. Crucially, once a property is declared Waqf, its ownership is considered to vest in God Almighty, rendering it inalienable – it cannot typically be sold, gifted, or inherited. The income generated from these properties is earmarked for specific objectives outlined by the Waqif, such as the upkeep of mosques, dargahs, graveyards, imambaras, the support of educational institutions (madrasas), or providing assistance to the poor and needy within the community. A caretaker, known as a Mutawalli, is usually appointed to manage the property’s day-to-day affairs.

There are 872,000 registered Waqf properties across the country, running into lakhs of acres. This immense scale explains the socio-economic and religious significance of Waqf assets within the Muslim community.

The administration of these properties has evolved through various legislative frameworks over the past century. An early attempt at regulation was the Mussalman Wakf Act, 1923. Post-independence, the Waqf Act, 1954, marked the first significant effort to establish a structured system for managing these endowments. This Act underwent several amendments (in 1959, 1964, 1969, and 1984) aimed at refining administrative processes.

A more comprehensive legal structure arrived with the Waqf Act, 1995. This Act repealed the 1954 law and its subsequent amendments, seeking to provide for the “better administration of Auqaf (Waqfs) and for matters connected therewith or incidental thereto”. The 1995 Act laid down the framework for establishing State Waqf Boards and a Central Waqf Council, defining their powers and functions. Further amendments were introduced in 2013 by the then UPA government, which, among other changes, formally established the statutory framework for State Waqf Boards and increased the permissible lease period for Waqf properties from three years to thirty years, aiming for better utilization of assets.

This historical progression of legislation reveals a trend towards increasing formalisation and state intervention in the management of Waqf properties. What began as a community-managed religious practice gradually came under greater regulatory scrutiny, reflecting the complex interplay between religious institutions, community autonomy, and the state’s administrative imperatives. The sheer scale and value of Waqf assets have inevitably drawn governmental interest, shifting the focus over time from purely religious oversight towards broader concerns of administration, management efficiency, and, as recent events suggest, potentially political control. The 1995 Act itself represented a significant step in this direction, setting the stage for the more pervasive changes introduced in 2025.

Part 2: Understanding the Waqf Act, 1995: Key Provisions Explained

The Waqf Act, 1995, served as the cornerstone of Waqf administration in India for nearly three decades before the recent amendments. Understanding its key provisions is essential to grasp the significance of the changes brought about by the 2025 Act.

Defining and recognizing Waqf (Section 3 (r) – Pre-amendment)

The 1995 Act recognised Waqf formation through three primary means:

  1. Declaration: A formal dedication of property by its lawful owner for religious or charitable purposes under Muslim law.
  2. Waqf by User: This crucial provision allowed a property to be recognised as Waqf if it had been used for a long period for any religious or charitable purpose recognized under Muslim law, even in the absence of a formal dedication deed. This acknowledged the reality of many historical endowments, particularly older mosques, graveyards, or community spaces, where formal documentation might be lost or non-existent but continuous religious use established its character.
  3. Waqf-alal-aulad: An endowment where the benefits primarily accrue to the founder’s family or descendants for a specified period, with the ultimate benefit designated for a religious or charitable purpose upon the extinction of the family line.

Governance Structure

The Act established a hierarchical structure for Waqf administration:

  • State Waqf Boards (Establishment under Section 13, Composition under Section 14 – Pre-amendment): The Act mandated the establishment of a Waqf Board in every state. States could also establish separate Boards for Shia and Sunni Waqfs if their population and Waqf numbers warranted it.
    • Composition: The Boards were designed to be predominantly composed of Muslim members, reflecting the religious nature of the institutions they governed. Section 14 provided for a mix of elected and nominated members. Elected members included up to two representatives each from electoral colleges comprising Muslim Members of Parliament (MPs), Muslim Members of State Legislative Assemblies (MLAs) and Legislative Councils (MLCs), and Muslim members of the State Bar Council. Nominated members included government officials and individuals recognized for their expertise in Islamic law, finance, or administration. The Act also mandated the inclusion of at least two women members.
    • Functions (Section 32): The Boards were vested with the general superintendence of all Waqfs within the state. Their key functions included ensuring that Waqfs were properly maintained, controlled, and administered according to the Act, Muslim law, and the specific objectives laid out in the Waqf deed; settling schemes for management; directing the utilization of surplus income for approved purposes; scrutinizing and approving budgets submitted by Mutawallis; and appointing or removing Mutawallis under specified conditions.
  • Central Waqf Council (Establishment under Section 9 – Pre-amendment): At the national level, the Act provided for a Central Waqf Council.
    • Composition: It was chaired by the Union Minister in charge of Waqf. Critically, Section 9 stipulated that, barring the Minister, all other members of the Council had to be Muslims. These included MPs, scholars of Islamic theology, representatives of national-level Muslim organizations, and former judges of the Supreme Court or High Courts. At least two members were required to be women.
    • Role: The Council’s function was primarily advisory. It was tasked with advising the Central Government, State Governments, and the State Waqf Boards on matters concerning the effective administration of Waqfs and the functioning of the Boards.
  • Mutawalli (Defined in Section 3 (i)): The Act defined a Mutawalli as any person appointed, either verbally or under any deed or instrument by which a Waqf has been created, or by a competent authority, to manage or administer such Waqf. They were the primary managers at the property level, responsible for implementing the Waqf’s objectives and managing its income and expenditure, subject to the oversight and direction of the State Waqf Board.
  • Survey Commissioner (Section 4 – Pre-amendment): The state government was required to appoint a Survey Commissioner to conduct preliminary surveys of all Waqf properties existing in the state. The Commissioner was responsible for identifying Waqfs, investigating their nature and extent, and submitting a report to the state government and the Waqf Board.

Identifying and Managing Waqf Property

  • The Power of Section 40 (Pre-amendment): This section granted the State Waqf Board the power to determine, after conducting an inquiry, whether a particular property was Waqf property. The Board could issue notices to interested parties and hold hearings.
  • Registration of Waqfs (Section 36): The Act mandated the registration of all Waqfs, whether created before or after the commencement of the Act, at the office of the respective State Waqf Board.
  • Protection of Waqf Property: The Act included provisions to safeguard Waqf assets:
    • Restrictions on Alienation (Section 51): It generally prohibited the sale, gift, exchange, mortgage, or transfer of Waqf property. Leases exceeding one year (or three years for agricultural land) required prior sanction from the Board (Section 56). The 2013 amendment significantly extended the permissible lease period up to 30 years with Board approval, aiming for better economic utilization.
    • Penalties for Encroachment (Section 52A – added by 2013 amendment): This section defined ‘encroacher’ and prescribed penalty of imprisonment for up to two years, for illegally occupying Waqf property.

Dispute Resolution

  • Waqf Tribunals (Establishment under Section 83 – Pre-amendment): To handle disputes related to Waqf properties, the Act mandated that state governments constitute one or more Tribunals. These Tribunals had jurisdiction over questions such as whether a property is Waqf, disputes regarding Mutawallis, or issues concerning Waqf administration.
    • Composition: Section 83 specified the composition: a Chairman who was a member of the State Judicial Service (holding a rank not below that of a District, Sessions, or Civil Judge, Class I), one member from the State Civil Services (equivalent in rank to at least an Additional District Magistrate), and crucially, one member having knowledge of Muslim law and jurisprudence. This composition aimed to blend judicial, administrative, and religious legal expertise.
    • Jurisdiction (Section 85): The Tribunals were granted exclusive jurisdiction over Waqf matters, explicitly barring suits or legal proceedings in civil courts concerning any dispute required to be determined by the Tribunal under the Act.
  • Finality of Tribunal Decisions (Section 85 – Pre-amendment): The Act did allow the High Court to exercise revisional jurisdiction – it could call for records and pass orders either on its own motion (suo motu) or on the application of the Board or an aggrieved person on any matter which has been determined by the tribunals, and even modify such order.

Exemption from Limitation Act (Section 107 – Pre-amendment)

  • A significant protective measure was Section 107, which stipulated that the provisions of the Limitation Act, 1963 (which sets time limits for initiating legal action) would not apply to any suit for the possession of immovable property in any Waqf. The purpose of this exemption was to safeguard Waqf properties from being lost due to adverse possession – where an encroacher occupies land openly and continuously for a prescribed period (typically 12 years for private immovable property under the Limitation Act). Section 107 allowed Waqf Boards to initiate recovery proceedings for encroached land regardless of how long the encroachment had persisted.

Significance of the 1995 Act

The 1995 Act, therefore, represented a layered legal architecture attempting to balance the unique religious nature of Waqf with the requirements of modern administration and state oversight. Provisions ensuring Muslim majority representation on Boards and Councils, and the inclusion of Muslim law experts in Tribunals, sought to maintain the institution’s religious integrity. However, the very establishment of state-controlled Boards, the appointment of Survey Commissioners, the broad powers under Section 40, and the Tribunal system itself signified substantial state involvement.

Part 3: The Waqf (Amendment) Act, 2025: What has changed?

The Waqf (Amendment) Act, 2025, introduces sweeping changes to the 1995 framework, impacting nearly every aspect of Waqf definition, governance, property management, and dispute resolution. The government has renamed the legislation the “Unified Waqf Management, Empowerment, Efficiency, and Development Act” (UMEED Act), in line with the government’s enthusiasm to rename things.

Redefining Waqf creation and scope:

  • New Criteria for Declaration (Amended Section 3(r), New Section 3A): The Act imposes new conditions for creating a Waqf by declaration. Firstly, only a person who has demonstrably practiced Islam for at least five years can now declare a Waqf. Secondly, the Act explicitly requires the person creating the Waqf (Waqif) to be the lawful owner of the property being dedicated.
  • Abolition of ‘Waqf by User’ Prospectively (Amended Section 3(r)): The Act removes the concept of ‘Waqf by user’ for recognising future This means properties cannot be newly recognised as Waqf based solely on long-term religious or charitable use without a formal declaration by a qualified owner. While the amendment includes a proviso stating that existing properties registered as ‘Waqf by user’ before the Act’s commencement will remain Waqf, it adds a crucial exception: this protection does not apply if the property is “wholly or in part, in dispute or is a government property”. This exception clause creates uncertainty for many existing ‘Waqf by user’ properties, particularly those facing legal challenges or situated on land claimed by the government.
  • Waqf-alal-aulad clarification (new Section 3A(2)): The amendment specifies that the creation of a Waqf-alal-aulad (family Waqf) must not result in the denial of inheritance rights to the Waqif’s heirs, explicitly including women heirs, or infringe upon the rights of others with lawful claims. This is presented by the government as a measure to ensure gender equality and protect inheritance rights.

Shift in Property identification and Survey:

  • Deletion of Section 40: The Section 40, which empowered State Waqf Boards to declare properties as Waqf after an inquiry, has been entirely removed.
  • Collector’s Role in Survey (Amended Section 4): The role of the Survey Commissioner is abolished. Instead, the District Collector (or an authorised officer not below the rank of Deputy Collector) is now responsible for conducting surveys of potential Waqf properties. These surveys are to be conducted according to the procedures laid out in the state’s revenue laws. This transfers significant authority from a potentially specialised body focused on Waqf to generalist revenue administration officials, raising concerns about potential bias and lack of specialized knowledge.
  • Government property: The Act explicitly states that any government property identified as Waqf will cease to be considered Waqf property. In cases of uncertainty regarding ownership between Waqf claims and government claims, the Collector is empowered to determine ownership and report to the state government.

Changes in governance bodies (Amended Sections 9, 14):

  • Inclusion of Non-Muslims: A major structural change is the mandatory inclusion of non-Muslim members in both the Central Waqf Council and the State Waqf Boards. The Act specifies at least two non-Muslim members for State Boards and mandates two non-Muslims on the Council, while also removing the previous requirement that certain categories of Council members (like MPs, former judges, eminent persons) must be Muslim.
  • Nomination over Election: The previous system where some members of State Waqf Boards were elected by specific Muslim electoral colleges (MPs, MLAs/MLCs, Bar Council members) has been abolished. The Act now empowers the state government to nominate all members of the State Waqf Boards. This significantly increases state government control over the composition and functioning of the Boards.
  • Mandated Representation: While increasing government control, the Act also mandates specific representation within the nominated Boards. They must include at least one member each from Shia, Sunni, and recognized Backward Classes among Muslims. Additionally, if there are Bohra or Agakhani Waqfs in the state, one member from each of these communities must be included. The requirement for female representation is retained, specifying that at least two Muslim members must be women.

Tribunal reforms (Amended Section 83, Omission of Section 85 finality clause):

  • New Composition: The Tribunal will now consist of three members like before but with some changes in the composition: a Chairman who is a current or former District Court judge, and a member who is a current or former state government officer of the rank of Joint Secretary or equivalent and a person having the knowledge of Muslim law.
  • Appeal to High Court: In essence, provides a 90 day time limit to appeal the tribunal’s decisions to the High Court. However, the appeal provision existed in the 1995 act too.
  • Digital Mandate and Financial Changes:
  • Central Portal and Database (New Section 3B, Amended Section 3(ka)): The Act mandates the establishment of a central online portal and database managed by the Central Government. All existing Waqfs registered under the Act prior to the amendment are required to file detailed information about the Waqf and its properties on this portal within six months of the Act’s commencement.
  • Contribution Reduction: The mandatory annual contribution payable by Waqfs from their net annual income to the State Waqf Board for administrative expenses is reduced from 7% to 5%.

Applicability of Limitation Act, 1963 (Omission of Section 107):

  • Perhaps one of the most impactful changes is the omission of Section 107 of the 1995 Act. This means the Limitation Act, 1963, which sets time limits for filing lawsuits, will now apply to Waqf properties like any other property from now on. Consequently, the special protection Waqf properties previously enjoyed against claims of adverse possession is removed. Individuals or entities who have illegally occupied Waqf land for the period specified under the Limitation Act (often 12 years for immovable property) could potentially claim legal ownership, severely hindering the ability of Waqf Boards to reclaim long-encroached properties and effectively legitimizing past illegal encroachments.

These amendments, viewed collectively, represent a significant shift in the governance philosophy surrounding Waqf. While the 1995 Act balanced community involvement with state oversight, the 2025 changes appear to tilt this balance decisively towards state control. The removal of the Board’s power under Section 40, the replacement of the Survey Commissioner with the Collector, the introduction of nominated Boards with mandatory non-Muslim presence, and the altered Tribunal composition all point to a reduced role for community institutions and increased authority for government functionaries.

Part 4: A question of rights: How the 2025 amendments impact minorities

The passage of the Waqf (Amendment) Act, 2025, has been met with strong opposition and rightly so. A widespread concern regarding its impact on the fundamental rights of India’s Muslim minority is prevalent. Why?

Erosion of religious autonomy (Violation of Article 26)

Article 26 of the Indian Constitution grants every religious denomination the right to establish and maintain institutions for religious and charitable purposes and to manage its own affairs in matters of religion. The 2025 Act infringes upon this right by significantly increasing government control over Waqf administration. The transfer of survey powers to the District Collector, the replacement of elected Board members with government nominees, and, most notably, the mandatory inclusion of non-Muslims in the governing bodies (State Boards and Central Council) are direct state interference in the management of inherently religious and charitable endowments established under Muslim law.

Concerns over Non-Muslim representation

While the government presents the inclusion of non-Muslim members on Waqf Boards and the Council as a move towards inclusivity and secular administration, this provision fails to hide the intentions of the ruling establishments to somehow gain control over the spaces that have been reserved for Muslims. When contrasted with the strict norms for say the Tirumala Tirupati Devasthanam where the service rules mandate that any appointment to any category of post in the TTD should be made from among the persons professing Hindu Religion. Some employees were pulled up in February 2025 for engaging in non-Hindu activities and were sent memos.

The question of whether our society can hire individuals from different religions for non-religious roles—and what it reveals about us if we cannot—is a separate and deeply important conversation in itself. However, what needs to be noted here is that if traditional Hindu dominions like the TTD have such strict and well accepted rules over all categories of employees, it is not fair to have non-Muslims’ representation in dominions that have been held by Muslims for generations now. This is not a question of essential religious practices but a question of how spaces occupied by two religions are being treated differently.

The argument is that Waqf properties are specifically dedicated under Islamic law for purposes defined by that law, and their management should primarily rest with members of the Muslim community who understand the religious context and obligations.

Weakening property protection and potential for dispossession

Several amendments are directly weakening the legal protections afforded to Waqf properties, raising fears of systematic dispossession:

Impact of Removing Section 107

The repeal of the exemption from the Limitation Act, 1963, is arguably one of the most damaging changes. By making Waqf properties subject to claims of adverse possession (typically after 12 years of uninterrupted illegal occupation), the Act potentially legitimizes decades of encroachment and makes it significantly harder, if not impossible, for Waqf Boards to recover vast tracts of land illegally occupied in the past. This fundamentally undermines the principle of Waqf property being inalienable and perpetually dedicated.

For example, in Telangana, more than 70% of Waqf land has been encroached by various elements. Now, the biggest protection to Waqf was that even if the encroachers squatted on the land for more than 12 years, they would not have had the right to claim it and this changed with the amendment thus putting the encroached properties in danger.

Impact of abolishing ‘Waqf by User’

Removing the possibility of recognizing new Waqfs based on long-term usage closes off a vital avenue for protecting historical community assets where formal documentation is lacking. Furthermore, the caveat that even existing registered ‘Waqf by user’ properties lose protection if they are disputed or on government land creates significant vulnerability.

Collector’s Enhanced Role: Empowering the District Collector, a revenue official accountable to the state government, to conduct surveys and determine ownership in case of disputes involving government land fuels concerns about political interference and decisions potentially biased against Waqf claims. 

Arbitrary restrictions and discrimination

Certain provisions that have been brought via the amendment are plain arbitrary and discriminatory

  • The ‘5-year practice’ rule

The requirement that a person must have practiced Islam for at least five years to create a Waqf is an arbitrary and intrusive limitation on religious freedom. It imposes an unnecessary burden of proof on individuals born into the faith and lacks a clear legislative rationale.

  • Exclusion of ‘Waqf by User’

The prospective abolition of ‘Waqf by user’ is discriminatory against a historically significant method of recognizing community endowments based on established practice.

Conclusion

The Waqf (Amendment) Act, 2025, enacted under the banner of the “Unified Waqf Management, Empowerment, Efficiency, and Development (UMEED) Act,” seeks to reform the administration of Waqf properties in India. However, a critical examination reveals that its provisions represent a significant regression, fundamentally undermining the religious autonomy and property rights of the Muslim minority, thereby challenging constitutional safeguards.

A central pillar of this critique rests upon the Act’s assault on the autonomy guaranteed under Article 26 of the Constitution, which allows religious denominations to manage their own affairs. The systematic replacement of elected members on State Waqf Boards with government nominees, coupled with the mandated inclusion of non-Muslim members in both State Boards and the Central Waqf Council, constitutes an unprecedented level of state interference in the governance of institutions intrinsically linked to Islamic faith and practice. This contrasts starkly with the governance norms often applied to the endowments of other faiths, raising legitimate concerns about discriminatory application of legislative principles.

Furthermore, the Act delivers a severe blow to the protection of Waqf properties. The repeal of Section 107 of the 1995 Act, which shielded Waqf properties from the Limitation Act, 1963, is particularly damaging. This single amendment potentially legitimizes decades of illegal encroachment by allowing claims of adverse possession, threatening the recovery of vast tracts of land  that were intended for perpetual religious and charitable use. This action directly contradicts the core Islamic principle of Waqf property being inalienable.

While framed as a move towards transparency and efficiency, the Waqf (Amendment) Act, 2025, functions as a mechanism for increased state control over minority religious institutions and assets. It markedly weakens property protections, erodes constitutionally guaranteed autonomy, and introduces potentially discriminatory clauses. Far from progressive reform, the Act represents a shift that jeopardizes the integrity and security of Waqf institutions and properties across India, rightly prompting serious constitutional challenges.

(The author is part of the legal research team of the organisation)


Related:

Amid Waqf Debate, Should Hindu Endowment Boards be Held Responsible for the Sorry Plight of Dalits?

Waqf Amendment Act 2025: SC grants some time to Centre on condition no non-Muslims appointed to Board, Council & no change in any Waqf status

SC to UoI on Waqf Amendment: ‘Are you willing to allow Muslims on Hindu endowment boards?’

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Amid Waqf Debate, Should Hindu Endowment Boards be Held Responsible for the Sorry Plight of Dalits? https://sabrangindia.in/amid-waqf-debate-should-hindu-endowment-boards-be-held-responsible-for-the-sorry-plight-of-dalits/ Wed, 23 Apr 2025 06:10:28 +0000 https://sabrangindia.in/?p=41365 Corruption and illegal encroachment of graveyards, maqbara and masjid land are not only confined to Muslims. Religious bodies of other faiths are too plagued by them.

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Muslims have a palpable presence in the tyre business in the vast expanse of India and not just in the cycle-puncture making work as Prime Minister Narendra Modi tried to imply in his speech on April 14. They are engaged in the sale of car, jeep, two-wheeler, tractor and truck tyres and their retreading business too.

In the communal violence in Northeast Delhi in February 2020, a big tyre market was set ablaze by rioters thrice over three consecutive days, leading to the loss of crores of rupees. As many as 224 tyre shops, mostly dealing with old ones, were gutted. They all belonged to Muslims. Hundreds of families were badly affected by this mayhem.

Notwithstanding challenges, the community has made steady progress in different sectors in the last few decades. Not only boys, even girls have entered the fields hitherto considered a male bastion. So, it would be factually incorrect to pronounce that their children are just cycle puncture mechanics.

Occupational shift

In the fast-changing occupational shift it would be wrong to claim that any community, or for that matter even caste, monopolises any particular profession. Today, in this era of rampant unemployment, several upper caste Hindus with degrees from universities are also lining up for jobs related to scavenging, otherwise traditionally fixed for Valmikis, Mehtars or Doms. The “twice-born” would eagerly accept these menial sanitation jobs in municipalities or municipal corporations and would then outsource it to the same scheduled castes. The salary would be shared between the two – the real worker would take half and absentee one the rest. At least, something is better than nothing.

Thus, it would be inappropriate to synonymise cycle tyre-puncture makers with Muslims. Of late, many Hindus are too taking up this work. Technology is also playing its role as new variants of tubeless tyres for vehicles seldom get punctured.

If one accepts that 78 years after the “fictitious” independence of the country on August 15, 1947, many Muslim youths are still engaged in the cycle tyre-puncture work, one may ask as to why 11 years down the “real” independence (May 26, 2014), millions of Musahars (Dalit community) as the very name suggests, are still filling their stomach by catching and eating rats.

What about crores of other Dalits who are still compelled by circumstances to consume the meat of the dead cattle and pigs as food? Who has left them in such dire straits more than a decade after India got its Vishwaguru?

By that logic, should one blame the Hindu religious and charitable endowment boards for their sorry plight? Who should be held responsible for thousands of farmers’ suicide and starvation deaths if not the government?

Social status

Needless to claim, puncture-makers have a relatively better social and economic status than many others in the strongly-entrenched caste hierarchy of India. Several of them have risen to the top position in different arenas. The lowly-paid puncture workers have been making enormous contributions to the transportation industry, which is essential for the economic growth of India.

A cursory analysis of the job market would reveal as to how B. Tech, M. Tech and PhD degree holders are applying for the posts of railway gangmen, chowkidars, miners, peons etc. And they belong to all the communities and castes. Why talk just about waqf boards – hardly any temple, ‘matha’, church, gurdwara or vihara (monastery) is providing jobs to people.

Corruption and illegal encroachment of graveyards, maqbara and masjid land are not only confined to Muslims. Religious bodies of other faiths are too plagued by them.

Yet, some of these religious institutions belonging to all the communities are providing actually education. They are engaged in the health sector, small-scale economic activities, as well as other philanthropic works, but providing employment and creating congenial atmosphere for the growth of trade, commerce and industry lie essentially on the shoulders of the government of the time.

‘Pakoda’ outlets

If a person earns just Rs 200 daily – as asserted by Mr Modi in an interview some years back – by selling pakodas (fritters) outside any television studios in the national capital region (or any other metropolitan city), where the standard of living is very high, it cannot be called employment in an era where double this amount has been fixed as the minimum wage of an unskilled labour. Earning Rs 200 daily, or even Rs 2,000 daily, is not enough as an income for these mega-cities.

Some of us at the top live in our own bubble. We do not take into account money policemen and policewomen, unauthorised agents and local mafia who are enjoying the patronage of ruling party goons, extract from vendors – be it puncture workers, ‘pakoda’ sellers, or those involved in other roadside engagements. One day, another gentleman may wake up to declare that all these illegal activities are actually honorable rozgars.

The need of the hour is not to ridicule or see in poor light those engaged in self-employment as they are at least not puncturing the wheels of development and are not becoming a burden on the society and the government. They are neither committing crimes nor are they taking to streets demanding jobs from the government.

Thus, after ‘pakoda’ selling kiosks, we have in Waqf boards discovered a big source for providing employment. Is it not a fact that until a few years ago, Modi was pooh-poohing the Mahatma Gandhi National Rural Employment Act (MGNREGA)?

With unemployment still out of control, the Modi government now sees some merit in it.

Soroor Ahmed is a Patna-based freelance journalist.

First Published on TheWire

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Waqf Amendment Act 2025: SC grants some time to Centre on condition no non-Muslims appointed to Board, Council & no change in any Waqf status https://sabrangindia.in/waqf-amendment-act-2025-sc-grants-some-time-to-centre-on-condition-no-non-muslims-appointed-to-board-council-no-change-in-any-waqf-status/ Thu, 17 Apr 2025 11:20:25 +0000 https://sabrangindia.in/?p=41244 After the Union government insisted it would bring to the Court’s notice grave violations of the previous law, the Court recorded the Centre’s assurance of any appointment to the Waqf Board or Council, implying a bar on any non-Muslim appointments to the Waqf Boards/Council and stayed any Waqf property de-notifications, including waqf by user, under the 2025 amendment; next hearing on May 5

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Through an order dated April 17, 2025, the Supreme Court of India has directed the Union Government to maintain status quo on the implementation of contentious provisions of the Waqf (Amendment) Act, 2025 till the next date of hearing. The matter for possible interim stay on certain provisions will now be heard in the week of May 5.

Recording the Centre’s assurance, the Supreme Court noted the following:

  • No appointments of non-Muslims to the Waqf Boards or the Central Waqf Council will be made under the amended law until further orders.
  • No steps will be taken to de-notify or disturb properties recognised as waqf—whether by user, by court declarations, or prior to the amendment.
  • The matter is to be listed for further hearing on May 5, 2025. The union government has a week to file its reply, with rejoinders due within five days thereafter.
  • The matter will now be heard under the title: In Re: Waqf Amendment Act”, marking it as one of constitutional importance.

This order came in a batch of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025 on grounds that it violates the rights of the Muslim community and undermines the legal framework governing religious endowments.

Court expresses constitutional doubts over the Act

The three-judge Bench led by Chief Justice Sanjiv Khanna, with Justices Sanjay Kumar and KV Viswanathan, heard detailed arguments over two days, on April 16 and April 17, before recording the Union’s undertakings. The Court’s oral observations reflected deep concern over the potential impact of the amended provisions.

Among the first issues raised was the deletion of “waqf by user”, a legal principle long used to recognise religious endowments based on public use over time. CJI Khanna, during the hearing on April 16, observed that many prominent dargahs, graveyards, and mosques gained waqf status through community usage rather than written instruments. “You are erasing centuries of history,” he cautioned, noting the risk that thousands of such properties could be wiped off waqf registers.

Equally troubling to the Court was the amendment allowing non-Muslims to be appointed to the Waqf Boards and the Central Waqf Council. CJI Khanna pointedly asked the Solicitor General: Would you allow a non-Hindu on a Temple Trust?”—emphasising that Article 26 of the Constitution grants religious denominations the right to manage their own institutions.

The Court also took issue with provisions enabling district Collectors to initiate de-notification of waqf properties, calling it “very dangerous.” CJI Khanna questioned whether executive officials could be empowered to override judicial orders or undermine waqf declarations made by statutory bodies or courts.

Union backtracks under pressure, assures status quo

Faced with sharp judicial scrutiny, on April 17, Solicitor General Tushar Mehta gave repeated assurances that the government would not take any action under the amended Act that could adversely affect the waqf community until the Court decides on interim reliefs. He undertook that:

  • No non-Muslim members would be appointed to any Waqf Board or the Central Waqf Council.
  • The government would not de-notify waqf lands, including those identified through user or court proceedings.
  • Any decision regarding future implementation would be deferred pending further orders of the Court.

Accepting these undertakings, the Court chose not to formally stay the legislation—respecting the presumption of constitutionality—but recorded the Union’s commitments in its judicial order. The matter will be next heard on May 5, 2025, and the Court directed the union government to file its counter-affidavit within a week. State governments who have also intervened will also place their stand on affidavit within the same days. Following that, all petitioners have been asked to file the rejoinder to the government within a subsequent five days.

Petitions raise fundamental challenges to the amendment

The petitions—filed by Members of Parliament (including from the Congress, AIMIM, DMK, RJD, CPI, IUML, and Samajwadi Party), religious bodies (All India Muslim Personal Law Board, Jamiat Ulema-i-Hind), and civil society groups (such as the Association for Protection of Civil Rights)—raise serious constitutional concerns.

They argue that the Waqf (Amendment) Act, 2025:

  • Violates Article 26, by interfering in the management of religious institutions by permitting non-Muslims on waqf boards.
  • Undermines Article 25 and 29, by curbing the rights of Muslims to preserve and manage their religious and cultural endowments.
  • Breaches Article 14, by arbitrarily empowering administrative authorities to strip properties of their waqf status.

Among the most contentious provisions are:

  • Deletion of “waqf by user”, potentially erasing the status of properties long treated as waqf by local communities.
  • Administrative de-notification powers, allowing Collectors to initiate proceedings even where courts have declared properties as waqf.
  • A new threshold for creation of waqf, limiting it to Muslims with five years’ standing.
  • Reduced representation of women on Waqf Boards.
  • Exclusion of waqf properties within scheduled areas and under ASI protection.

Senior advocates Kapil Sibal, CU Singh, and others, who appeared for the petitioners, had pressed for interim relief during the hearings and urged the Court to recognise the immediate threat posed by the law. They described the amendments as a “systematic attempt to dismantle waqf protections” and called it a State-led effort to dispossess the Muslim community of its religious and charitable properties.

The Court, while refraining from granting a stay, had sent a clear signal through its oral remarks and structured case management that it sees the matter as a constitutional test of legislative overreach into religious freedoms.

What lies Ahead

The next hearing in the week of May 5, 2025 will be crucial, as the Court will consider whether the undertakings given by the union are sufficient, or if formal interim orders are warranted. It is also expected to delve deeper into the core constitutional questions: Can the State interfere with the internal management of religious endowments? Does deleting “waqf by user” constitute historical erasure? Can administrative officers override judicial declarations?

In a political and legal climate increasingly hostile to minority rights, the Court’s intervention has come as a relief for many. However, this is only the beginning of a prolonged battle to safeguard minority rights in India.

Related:

“Urdu Is Not Alien”: Supreme Court reclaims the language’s place in the Indian Constitutional fabric

SC to UoI on Waqf Amendment: ‘Are you willing to allow Muslims on Hindu endowment boards?’

When Courts Fail Survivors: How patriarchy shapes justice in sexual offence against women cases

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Protests over Waqf (Amendment) Act escalate into violence in West Bengal; Calcutta HC intervenes https://sabrangindia.in/protests-over-waqf-amendment-act-escalate-into-violence-in-west-bengal-calcutta-hc-intervenes/ Mon, 14 Apr 2025 12:33:36 +0000 https://sabrangindia.in/?p=41155 Three reported dead in Murshidabad clashes; court steps in, directs authorities to maintain peace and investigate violence. As political parties trade blame, locals allege involvement of unidentified outsiders, adding new layers to the unfolding crisis. None of the deceased – Ijaz Ahmed, a student, and a father and son of one Das family, Haragovinda and Chandan – were actively instigating violence or part of any political outfit, as their friends and neighbours claimed, and yet they were killed.

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The violence that erupted in Murshidabad, West Bengal, in early April 2025, was a direct result of growing unrest linked to the Waqf (Amendment) Act, 2024, which had sparked protests across various parts of the state. Initially, the protests were peaceful demonstrations against the Act, which critics argue undermines the autonomy of Muslim religious endowments. However, on April 8, 2025, the situation escalated, with the protests quickly turning violent, particularly in the districts of Suti, Dhulian, and Jangipur. Tensions allegedly reached a breaking point following Friday prayers on April 11, when protesters clashed with security forces, leading to stone pelting, vandalism, and widespread destruction of public property.

The violence resulted in the tragic deaths of three individuals, including a father-son duo, who were found brutally stabbed in their home, and a young protester who succumbed to bullet wounds inflicted during clashes with the police. None of the deceased – Ijaz Ahmed, a student, and a father and son of one Das family, Haragovinda and Chandan – were actively instigating violence or part of any political outfit, as their friends and neighbours claimed, and yet they were killed. The escalation of violence saw public outrage and large-scale disruptions, with protesters blocking roads, attacking police vehicles, and intensifying confrontations with security personnel. Despite the assurances from West Bengal’s Chief Minister Mamata Banerjee that the law would not be implemented in the state, the unrest continued to spread, further exacerbating the already sensitive political situation.

In response to the deteriorating law-and-order situation, the Calcutta High Court intervened on April 12, 2025, following a petition filed by BJP leader Suvendu Adhikari. The court directed the deployment of Central Armed Police Forces (CAPF) to restore order in Murshidabad and other affected areas. The court’s intervention highlighted the inability of local authorities to handle the violent protests effectively, leading to heightened concerns over the implications of the Waqf Amendment Act and the potential long-term consequences of the violence on the region’s communal harmony. The Murshidabad incident, along with the subsequent unrest in various districts, underscores the complex intersection of religion, politics, and law in India, further fuelling a sense of uncertainty among the state’s population.

Calcutta High Court orders deployment of central forces in Murshidabad

In an urgent hearing convened on April 12, the Calcutta High Court directed the deployment of Central Armed Police Forces (CAPF) in West Bengal’s Murshidabad district, following violent clashes during protests against the recently enacted Waqf Amendment Act. The unrest, which has left at least three people dead, prompted swift judicial intervention in response to a plea moved by Bharatiya Janata Party (BJP) leader Suvendu Adhikari.

Chief Justice T.S. Sivagnanam constituted a special division bench comprising Justices Soumen Sen and Raja Basu Chowdhury to hear the matter. The petition, filed by Adhikari and lawyer Tarun Jyoti, sought the immediate deployment of central forces in view of the escalating violence and deteriorating law and order in the region.

During the hearing, the court was informed that the protests in Murshidabad — particularly in areas like Jangipur and Dhulian — had descended into chaos, with violent mobs clashing with the police, pelting stones, setting police vehicles on fire, and injuring several personnel. The violence also disrupted railway services, as protestors damaged infrastructure and blocked tracks, leading to the cancellation and diversion of multiple trains. A railway crossing gate between Dhulianganga and Nimtita was also vandalised.

Acknowledging the gravity of the situation, the bench criticised the inadequacy of the state government’s response, stating that the measures undertaken so far were insufficient to contain the violence. “Action had to be taken on a war footing to arrest the rioters,” the court observed, as per the Scroll. It added that had central forces been deployed earlier, the escalation of violence could potentially have been avoided.

The High Court made it unequivocally clear that constitutional courts could not remain passive observers in the face of such internal disturbances. “Constitutional courts cannot be a mute spectator and embroil itself in technical defences when the safety and security of the people are at danger,” the bench remarked, as quoted by Bar and Bench.

Accordingly, the court directed the deployment of CAPF in Murshidabad district, with instructions that the forces coordinate closely with the state’s civil administration to restore peace and normalcy. Significantly, the bench clarified that this direction was not limited solely to Murshidabad — should similar situations arise in other districts, the central forces must be promptly deployed there as well.

In addition, the High Court instructed both the West Bengal government and the Union government to file detailed reports outlining the steps taken to manage the situation. The matter has been posted for further hearing on April 17, 2025.

The protests stem from widespread discontent with the Waqf Amendment Act, 2024, which was passed by Parliament on April 4 and received Presidential assent on April 5, coming into effect on April 8. The law introduces sweeping changes to the original Waqf Act of 1995, including amendments to 44 sections. Among its controversial provisions are the inclusion of non-Muslims on Waqf boards, restrictions on property donations, and changes to the functioning of Waqf tribunals — measures that many critics argue significantly dilute the autonomy of Muslim religious endowments and increase governmental control.

Despite the state government’s assertion that the plea was politically motivated and that law enforcement agencies had already taken adequate measures — including the deployment of six companies of the Border Security Force (BSF) — the High Court found that the reality on the ground indicated otherwise. It noted the persistence of unrest in multiple districts, underlining the need for urgent and coordinated action.

The full order may be viewed here.

Incidentally, Murshidabad has more than 66 percent Muslim population, as per the 2011 census, and TMC bagged all three parliamentary seats in 2024, including Jangipur at the epicentre of the weekend’s violence. Of the district’s 22 assembly seats, TMC has 20; the party controls all 26 Panchayat Samitis and nearly all of the 250 Gram Panchayats. Out of eight Municipalities of the district, TMC has seven, and the one that is left out – Domkal – is run by a TMC-appointed administrator. With such a heavy police domination, representatives of the party in power in the state do have questions to answer.

The Congress, the All India Majlis-e-Ittehadul Muslimeen (AIMIM), and other parties have already approached the Supreme Court to challenge the constitutional validity of the amended legislation. Meanwhile, the situation in parts of West Bengal remains tense, with Murshidabad emerging as an epicentre of the protests and related violence.

Arrests mount amid continued tensions

The situation in West Bengal’s Murshidabad district remained tense but relatively calm on April 13 following days of violent protests against the controversial Waqf Amendment Act. According to PTI, the West Bengal Police confirmed that 12 more individuals were arrested overnight in connection with the unrest, raising the total number of arrests to 150. Officials stated that prohibitory orders were still in effect and internet services had been suspended in the affected areas.

Police officers, quoted anonymously, reported that areas like Suti, Dhulian, Samserganj, and Jangipur—previously at the epicentre of the unrest—were under close surveillance and had seen no fresh outbreaks of violence. “Raids continued through the night, and 12 more people were taken into custody,” said one officer, as per the Hindustan Times. “The situation is currently peaceful.”

The protests began on April 8 and intensified after Friday prayers on April 11. Even as Chief Minister Mamata Banerjee had stated on April 10 that the amended Waqf Act would not be implemented in West Bengal, violence struck again in the state. “I know you are aggrieved because of the enactment of the Waqf Act,” said CM Banerjee, as per Times of India.Have faith, nothing will happen in Bengal by which one can divide and rule.”

On April 11, violent protests erupted in West Bengal’s Murshidabad district following Friday prayers, primarily centred around opposition to the Waqf (Amendment) Act. Protesters argue that the Act has been imposed without sufficient consultation or consideration of the socio-economic priorities of the community, such as employment and healthcare. Tensions escalated when large gatherings defied prohibitory orders and blocked National Highway-12 from Dakbanglo More in Shamsherganj to Sajur More in Suti. Police reports indicate that the situation turned violent after stones were hurled at a police van, resulting in injuries to at least ten personnel. Security forces resorted to lathi charge and later used tear gas to control the situation. In some instances, officers were forced to take shelter in nearby mosques.

Fresh violence erupted in Dhulian under the Samserganj block on April 12. Police confirmed that one person suffered a bullet injury during the clash, though senior officials said they were still verifying the full details. The unrest also disrupted public infrastructure. Protesters damaged a railway crossing gate between Dhulianganga and Nimtita, forcing the cancellation and diversion of several trains, according to Eastern Railway officials.

In total, at least 18 police personnel were injured, and scores of civilians, including women and children, have been displaced. The district administration suspended internet services and imposed prohibitory orders under Section 163 of the BNSS, equivalent to Section 144 of the CrPC, to contain the situation.

In response, the state administration had deployed six companies of the Border Security Force (BSF).

Political fallout and government response

The political fallout has been swift. BJP leaders, including Suvendu Adhikari and state president Sukanta Majumdar, criticised the Trinamool Congress government for allegedly soft-pedalling on violence by “a section of minorities.” Majumdar asserted that a future BJP government would crush such “vandalism” within minutes and accused the current regime of appeasement politics.

Chief Minister Mamata Banerjee responded by stating that the Waqf (Amendment) Act would not be implemented in West Bengal, asserting that the state government would not allow any attempt to “divide and rule”. She urged for unity and calm, but her remarks did little to quieten the situation on the ground.

Opposition parties, particularly the Bharatiya Janata Party (BJP), were quick to capitalise on the unrest. Adhikari also alleged that over 400 Hindus were displaced and forced to flee to Malda district out of fear. He described the violence as “jihadist terror” and accused the Trinamool Congress (TMC) government of indulging in “appeasement politics”, further fuelling communal polarisation.

Current situation and outlook

The Murshidabad violence is a grim reminder of the fragility of communal harmony in politically polarised and socio-economically marginalised regions. The protests highlight growing discontent within sections of the Muslim community, who feel unheard in national policymaking. At the same time, the BJP’s sharp rhetoric and the high-pitched calls for action raise concerns about communal profiling and the danger of deepening divides.

As of April 13, 150 people have been arrested, and no fresh incidents have been reported. Police are conducting continuous raids, and security personnel are maintaining a tight vigil in the affected areas. However, the damage has already been done. Markets were looted, homes vandalised, and families displaced. Videos have emerged of victims recounting how mobs entered their homes and destroyed property, as residents now demand a permanent BSF presence in these vulnerable areas.

 

The State’s response has been reactive rather than proactive. The Chief Minister’s refusal to implement the law appears more a political manoeuvre than a principled stand. Meanwhile, the High Court’s intervention underscores a judicial acknowledgement of the failure of local law enforcement.

Ultimately, the incident points to a confluence of legislative opacity, administrative failure, and political opportunism, turning a policy dispute into a tragic episode of communal violence. It is also essential to highlight here that West Bengal will be seeing Lok Sabha elections in 2026, Murshidabad might not just be a law-and-order flashpoint but a symbol of a larger crisis in India’s secular fabric.

It is essential to note here that a different angle has also emerged regarding the violence in Murshidabad, with the locals of the area saying that there was a presence of unidentified young men during the violence who were not from the area. Several residents recounted that a group of boys, aged around 15 to 18, dressed in black hoodies and armed with rods and sticks, appeared just before the unrest broke out. “These were not our boys,” one person said, adding that both Hindu and Muslim youth from the locality had been working together to safeguard nearby temples. This observation has fuelled concerns that the violence may not have been entirely organic, but instead instigated by external elements with a vested interest in disrupting communal harmony. This lesser-reported aspect of the violence is now being brought to light by residents of the area. Questions are now being raised about who these young men were, who brought them into the area, and what their intentions were—an angle that demands serious attention amid the rush to communalise the incident.

 

A political fault-line exposed

The recent eruption of violence in Murshidabad, West Bengal, over the amended Waqf Act lays bare the volatile intersection of religion, law, and politics that continues to define India’s communal landscape. The April 11 unrest, which claimed three lives and left scores injured, has reignited political tensions ahead of the 2026 Assembly elections. At the centre of the conflict is the controversial Waqf (Amendment) Act, passed by the Union government — a piece of legislation that critics, including West Bengal Chief Minister Mamata Banerjee, have denounced as a deliberate attempt to sow division and inflame religious sensitivities.

Banerjee, in a strongly worded statement, reaffirmed that Bengal would not implement the amended law. Urging for calm, she cautioned against “irreligious behaviour in the name of religion” and accused unnamed political actors of weaponising faith for electoral gain. Emphasising that the legislation was passed by the union — not the state — she distanced her government from the violence and warned of legal action against those spreading misinformation. Her message was unequivocal: the Waqf Amendment is not only unconstitutional but dangerously incendiary, and the Union government must be held accountable for its fallout.

The Bharatiya Janata Party (BJP), however, presented a starkly different narrative. State leaders alleged that Hindu families were being driven out of Murshidabad’s Dhulian area, citing “religious persecution” and accusing the TMC of “appeasement politics.” Leader of the Opposition Suvendu Adhikari claimed that over 400 Hindus had fled across the Ganga, while state BJP president Sukanta Majumdar criticised TMC MPs for remaining silent in the face of the crisis. Their rhetoric, framing the incident as the outcome of the TMC’s so-called minority appeasement, was in line with the BJP’s broader electoral messaging in Bengal.

Amid this escalating blame game, both the Congress and the Left mounted a scathing critique of the TMC and BJP, accusing them of exploiting the unrest for political gain. Congress MP Adhir Ranjan Chowdhury accused the state administration of being “asleep at the wheel,” while the CPI(M) condemned the police for being “mute spectators” and demanded Army deployment.

Caught in the middle of these political crossfires are the people of Murshidabad — whose lives have been turned upside down. Even if claims of a mass exodus remain unverified, the devastation on the ground is undeniable. Homes have been vandalised, shops looted, property destroyed, and public trust shattered. Three people have died, civilians and police personnel have been injured, and daily life has come to a standstill in many parts of the district. Children have missed school, local businesses have suffered, and fear has spread across communities. As politicians argue over narratives, it is ordinary citizens who continue to pay the highest price.

The violence in Murshidabad is more than a law-and-order issue — it is a stark reminder of how religious identity continues to be manipulated in Bengal’s political theatre. As national and regional parties jostle to control the narrative, what gets lost is the constitutional promise of justice, accountability, and equal protection under the law — regardless of religion.

Detailed story on the previous incident of violence in Murshidabad may be read here.

 

Related:

Amid rumours blaming Muslims, drunk café owner Siddharth Singh arrested for vandalising Veer Tejaji idol in Jaipur

In Congress-ruled Himachal, Hindutva goons ask minorities to leave state, saying ‘Don’t pollute Himachal’

Mob violence, police torture justifiable practices feel a significant section of India’s police: Study

22 arrested, internet suspended as Murshidabad recovers from Waqf Act protest violence

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From Protectors to Perpetrators? Police assaulted women, Children, Christian priests in Odisha: Fact-finding report https://sabrangindia.in/from-protectors-to-perpetrators-police-assaulted-women-children-christian-priests-in-odisha-fact-finding-report/ Mon, 14 Apr 2025 10:42:35 +0000 https://sabrangindia.in/?p=41148 A team of lawyers and activists has found that sections of the Odisha police assaulted children and priests with lathis even as women were ‘beaten and molested’; all inside the Juba Catholic Church in Gajapati district in Odisha on March 22, 2025; the fact-finding team met some of the girls, women and the priests to bring to light the brutalities faced by them.

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An eight-member fact-finding team, with representatives of the Odisha Lawyers’ Forum (hereinafter referred to as the Forum), consisting of seven advocates and a social activist went for a spot visit to Juba, Mohana under Gajapati District in Odisha state on April 9, 2025 to investigate and assess on the alleged incidences of assaults on priests and women that occurred on March 22, 2025 at the Church and residences. The team consisted of advocates Clara D Souza, Gitanjali Senapati, Thomas EA, Kulakant Dandasena, Sujata Jena, Anjali Nayak, Ajaya Kumar Singh & Subal Nayak, many of whom are with the Forum.

Reportedly, the police had raided a nearby village on reports of alleged cultivation of marijuana cultivation. This escalated to tensions and an ensuing conflict between the people and police; the police retreated back facing resistance. There was seemingly a peace compromise between both parties. Juba village is an entry to the neighbouring villages.

Key findings of the report:

  1. Desecrating the Church

Preparations were on, at the Juba Church, on March 22, 2025 for the next day’s Sunday Prayers and worship. Four young Adivasi women from Kondh tribal group, two young women, 20 and 18 years old and two minors aged 12 years were among those engaged in the task. According to the report this is when police, numbering around 15 personnel, barged into the Catholic Church around 1.30 pm before the young women could sense anything. The aggressive policemen broke the cleaning instruments, and desecrated the sacred space of the Church. 

Legal and constitutional violations: It is alleged that Police entered the Catholic Church premises without a warrant and desecrated the sacred space in violation of Article 25– Right to Freedom of Religion, which includes the right to manage religious affairs and violation of sec 298 of Bharatiya Nagrik Suraksha Samhita (BNSS), 2023 – Injuring or defiling a place of worship with intent to insult the religion. 

  1. Assault, abuse, molestation of young women

The two young women belonging to the Kandh tribal group, were beaten with sticks within the Church and then dragged almost 300 meters away to a police bus, being beaten all the way. Seeing this, the two other minor girls ran for their life towards the presbytery. Crying inconsolably, and in shock, the girls asked for help from the Priests who were in their residence within the compound.

Another young woman cook, aged 38 belonging to the Sabar tribal group, who was in the Residence came out to the portico hearing the cries of the minor girls and was also beaten badly. Two male police caught hold of her neck and gave a strong blow to the face, tore the kurtis (upper clothes) of the woman pulling at the neck without any concern that they were outraging the modesty of the woman.

It is reported that even the children from an adjacent village, some of whom were in the arms of their mothers, were not spared. The children and women were taken in the bus to a distance and left there, forcing them to walk the long distance back. A couple of mobile phones were snatched from the women, and are yet to be returned to them.

Legal and constitutional violations: Beatings and molestation of tribal women occurred in and around the church compound in violation of sec 74 of BNSS – Assault or criminal force to woman with intent to outrage her modesty and violation of art 21 and POCSO Act, 20212 given that minors were involved and in violation of art 15 (3 &4) – Prohibits discrimination and calls for affirmative protection of women and tribal communities.

  1. Brutal Assaults on the two Catholic Priests

After violating the sacred space of the Catholic Church, the police followed the young girls towards the Priests’ Residence. Hearing the cries of the children and women, two Catholic Priests had come out from their residence where they had been resting after attending a funeral service in the village. In a flash, a lady police officer attacked the priest with her cane.

Father JG (name has been withheld to protect identity, age 56 is a native of Pala/ Kottayam in Kerala. He has been working for the development of tribal and Dalit communities that inhabited in the hills for last 40 years.  Father DN (name has been withheld to protect identity, a native of Gajapati district was taken aback at the assault on him by the police. Both priests were dragged in two different directions; being beaten by the police all the way to the police buses some 300 to 400 meters away. The Priests were accused of being “Pakistanis” and converting the people.  Fr. DN, who was ordained a priest only three months ago and had joined as assistant priest in the Church, was to celebrate his birthday that day. Father DN was grievously injured with a fractured shoulder blade. At one time, he fainted & fell, but was dragged on to the bus.

While the priests were being beaten, the children and women forgot their own trauma and protested to the police on why they were beating the religious men. The police then thrashed the cook for speaking up for the priests. Meanwhile, a group of police personnel also entered the presbytery, drank the water; and reportedly took away 40,000 in currency notes from the priests’ residence.

The brutal attack, led by a lady police officer apparently filled with hate, was carried on without concern for human dignity or any sense of respect toward the tribal community, and the states of the priests as religious minorities.

Legal and constitutional violations: Unprovoked assault on unarmed priests within a religious compound in violations of arts 19 (1)(a) and (d)– Right to freedom of speech and movement as well as of the Indian Police Act, 1861, Section 23 – Duty of police to prevent offences and maintain decorum.

  1. Wife and minor daughter were assaulted in midst of mourning

MM (name has been withheld to protect identity)  aged 62 had lost her husband the previous night, and had just returned from the burial ground around 10.00 am; and was mourning along with her family and relatives. At the police assault, her relatives and others ran away; while she and her minor daughter RM, aged 17 years, stayed back. Both of them were beaten with sticks; the police didn’t care that this family had just buried their beloved one, and were in mourning. The widowed mother and her minor daughter were dragged physically while being abused & beaten with the lathis carried by the police to the police bus.

Legal and constitutional violations: Beating and dragging of a grieving widow and her minor daughter in sec 5 of JJ Act, 2015– Punishment for cruelty to child and violation of art 39 (e+f) – Duty of the state to protect children and ensure their development.

  1. Assaults on Vulnerable Christians

The team members were told the police forcibly entered and damaged the homes of the residents; approximately 20 motorcycles were destroyed, as TV sets, whole foods supplies including rice, paddy, chickens and eggs, were destroyed.

It was evident that the police were targeting Christians as they also broke and desecrated the status of Jesus and Mary. Destruction of homes, food supplies, desecration of religious icons.

Legal and constitutional violations: All these actions are violations of Article 14 and 21- Right to Life and Equality before the Law and equal protection of laws and SCST (Prevention of Atrocities) Act, 1989, sec 3(1)(r), 3(1)(s), and 3(2)(vii) – Offences of insults and damage to property of Scheduled Tribes.

Our Observations:

Gajapati District is one of the lowest on the Human Development Index; in fact, ranked 27th out of 30 districts.  Gajapati is recognised as only one among 30 districts as a minority concentrated district with 38% of Christians. Gajapati is also one of the very few districts that has above 50% tribal population. The violence hit Mohana block is one of the least developed blocks in the district and 2nd largest block in Odisha with 37.11% female literacy rate and 93% people living in rural areas.

As per Census 2011 out of total population, 7% people live in urban areas while 93% live in the rural areas. The ST male and female literacy rates are 55.4% and 32.8% respectively

Gajapati district has the population belonging to both socially and religious ethnic minorities; at disadvantages at multiple levels. The district police and the general administration need to introspect itself of its policies/decisions vis addressing the issues of Adivasi, Dalit and religious minorities in the district in spirit of constitutional, secular and democratic values.

It is unfortunate that the incidence of this nature has taken place, where innocents suffer at the hands of the police.

  1. There are no complaints so far lodged even if it is more than 20 days since brutalities against children and women from tribal communities, and violation of multiple laws
  2. There is no information received by the priests on the complaints filed by the priest in Mohana police station as he has not been given any acknowledgement of the complaints. However, it is reported that complaints have also been made to the Superintendent of Police, Gajapati.
  3. The grievously injured priest Fr. DN is in a state of shock and trauma along with the senior clergy. The fact that the finding tram could not interview him. There is palpable fear, insecurity and disbelief among the children, women and including the priest as the protectors have turned into perpetrators. This does not sound good for the administration.
  4. This is the first time that the catholic priests are being targeted, beaten and paraded while showering lathis and abuses by the police in Odisha known history. This speaks for itself. The blatant violations of Articles 21, 25 and 29 of Indian constitution.
  5. The team believes it is handiwork of some identified communally biased police personnel towards religious minorities, and / or with a casteist mind-set towards tribal groups, and with no sense of human rights and dignity for children and women; even not allowed to mourn the loss of the beloved family members with scant regards to Art 21 (Right to life & liberty, a basic dignity accorded to the dead person)
  6. The team could not come across pro-active community and civil society to take note of the incidents of brutalities here and facilitate the victims’ survivors to address the grievances and seeking justice; could be ignorance or trust deficit of statutory bodies like N/OSCPCR, Women Commission, National/Odisha State Human Rights Commission/Scheduled Tribe Commission/National Commission for Minorities, New Delhi
  7. Team did not get any report; or even from Media on the brutalities of incidences and attacks on the children and women.

Recommendations for the state administration

  1. Identify & take stringent action against criminal elements among the police having communal and caste bias towards women, Adivasi’s and religious minorities. Immediate application of SC/ST (PoA) Act, POCSO Act, applicable sections of BNSS and Fundamental Rights enshrined in the constitution.
  2. Activate community policing; recruiting police from diverse backgrounds; grounded them in laws on SC ST Prevention Act, POCSO, Women and Minority protection laws; as well inculcate the spirit of respect for all religious spaces; temples, churches and mosques
  3. Train the police with constitutional and secular values & principles to respect marginalised and religious minority communities; respect for all religious traditions & beliefs. Implement Mandatory Human Rights Training for Law Enforcement under National Human Rights Commission (NHRC) protocols.
  4. Focus on holistic development programmes and open legal cells to support citizen centric schemes for the region and encourage and facilitate civil society to work along the administration towards truth & reconciliation
  5. The state administration should ensure that the police turned into vengeance; The police damaging the house, properties, livelihoods nor rob food supplies and livestock of the poor whose lifetime savings; thus losing trust and credibility among the citizens.
  6. Needed interface between law enforcement agencies, district administration and civil/community leaders; whereby trust of the communities restored; development processes fastened
  7. Media could play its role in augmenting as watchdog expected in democratic set ups bringing into light of the plight and brutalities.

Conclusion:

The aim of the report is to document and make it public in order to avoid the repeat of such incidents and bring about peace and harmony. The report based on the testimonies narrated by the victims’ survivors, whose names have been withheld.

Related:

Persecution of Christians: Women leaders appeal to President Murmu

Arunachal Christians gird up to face a challenge from Sangh and the government

Missing the Mark: Inviting PM Modi to a Christmas Reception Ignores the Plight of Persecuted Christians

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Why Sayyid Qutb’s Symbolism during a Waqf Protest Was dangerous and self-defeating https://sabrangindia.in/why-sayyid-qutbs-symbolism-during-a-waqf-protest-was-dangerous-and-self-defeating/ Mon, 14 Apr 2025 05:34:48 +0000 https://sabrangindia.in/?p=41137 Controversial figures like Sayyid Qutb can undermine the legitimacy of the movement and distract from the genuine concerns of the Muslim community in India

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A Protest Against The Waqf Amendment Bill Near Karipur Airport In Kozhikode, Kerala, Organized By The Solidarity Movement, Youth Wing Of Jamat E Islami, Became Controversial After Demonstrators Displayed Images Of Islamist Figures, Including Sayyid Qutb, Yahya Sinwar, And Sheikh Hassan Al-Banna. Introducing Unrelated And Potentially Controversial Figures Like Sayyid Qutb Can Undermine The Legitimacy Of The Movement And Distract From The Genuine Concerns Of The Muslim Community In India. It Is Crucial For Protest Organizers And Participants To Be Mindful Of The Symbols And Messages They Employ To Ensure That Their Cause Is Represented Accurately And Effectively.

The image of Egyptian Islamist thinker Sayyid Qutb at a protest rally in Kozhikode, Kerala, may appear a trifle during political discord. But in reality, it holds great and troubling importance that deserves closer examination—especially in a country like India, where democratic values and peaceful coexistence are continuously under challenge.

The rally was meant to be a protest against the Waqf Amendment Bill. Most of the Muslim groups in India interpret this bill as the central government meddling in Muslim religious and charity funds. But when an image of Sayyid Qutb was flashed—carried aloft by protesters—the protest meant something different and was something more than what it was intended to be.

To understand why this was a big issue, you need to know who Qutb was, what he thought, and how his thoughts influenced some of the most violent factions in recent history.

Sayyid Qutb: The Radical Intellectual

Sayyid Qutb was an Egyptian writer, intellectual, and influential member of the Muslim Brotherhood of the 1950s and 60s. He began as a literary critic and secular nationalist, but Qutb changed his religion after he went to the United States and later to an Egyptian prison under Gamal Abdel Nasser’s regime.

While in prison, he wrote prolifically—his best-known works are Fi Zilal al-Qur’an (In the Shade of the Qur’an) and Ma’alim fi al-Tariq (Milestones). In Milestones, Qutb declared that modern Muslim societies had fallen into Jahiliyyah, a Qur’anic term that was originally used to describe a time of ignorance before Islam existed in Arabia. Qutb believed that governments and societies of the present day that did not conform to Shari’ah were in this state of ignorance and were therefore illegitimate.

He argued that only a few believers—the vanguard—should arise and topple these regimes in order to establish Islamic rule. While Qutb never directly promoted suicide bombing or attacks on civilians, his model of viewing modern secular states as illegitimate has been widely adopted by militant and terrorist groups, including Al-Qaeda and ISIS.

Even Qutb’s brother, Muhammad Qutb, travelled to Saudi Arabia with his thoughts and assisted in spreading them through schools and mosques. Osama bin Laden is said to have been influenced by these ideas.

Why Qutb’s Ideas Will Not Fit for India

India is not an Islamic state. India is a secular democracy and multicultural. Muslims, Hindus, Christians, Sikhs, Jains, Buddhists, and others live in India. The Indian Constitution provides individuals the right to practice their religion, personal laws, and safeguards for minority rights.

Qutb sees the world very differently from this world. He does not think that you should co-exist or bargain with a secular democratic order; he desires to combat and re-shape it through revolutionary means.

Using his face in an Indian protest sends a chilling message: that to be Muslim in India is to be identified with a global Islamist idea and not with the Indian Constitution. This symbolism can be (and already has been) used by right-wing political elements to claim that Indian Muslims are shaped by foreign, extremist ideas.

It must be remembered that this is not just an optics issue. In the volatile communal environment of India, even a symbol can be inflammatory. The picture of Qutb was not just misread—it was fundamentally in conflict with the very message that the protest was attempting to convey: that Indian Muslims wish to defend their religious buildings within the framework of Indian democracy.

A Self-Defeating Symbol for a Legitimate Cause

Protests against Waqf Amendment Bill are political and legal. Muslim communities are within their rights to protest against government intervention in religious trusts. Waqf boards have been a feature of India’s legal landscape since British times and play significant religious and charitable roles.

When demonstrators hold the image of the man who was demonstrating against non-religious government, they weaken their case. The message changes from “defend our rights in the Indian system” to “reject the Indian system altogether.”

This causes confusion among allies, inspires enemies, and feeds into current Islamophobic discourses. It provides political fuel for those who blame the Muslim community for being separatist, even when the community is calling for constitutional rights.

Alienating the Broader Public One of the most significant tasks of a protest in a democracy is not merely to be heard by those who already agree with it, but to convince the undecided and to touch the emotions of the wider public. This requires a clear message and well-considered symbols.

By mentioning Qutb, even as an aside, the protest drove away non-Muslim Indians who otherwise could have lent their support. The average Indian citizen will not differentiate between Qutb’s political ideology and the legitimate call for religious freedom. What they will listen to is a protest which seems to identify itself with figures known worldwide for Islamist extremism.

Indian Muslims do not accept most of these beliefs. Indian Islamic history has overall been one of moderation, acceptance, and coexistence with other faiths—either through Sufi tradition, reform efforts, or efforts to interact with the constitution. Qutb does not represent the real life of Indian Muslims.

The Danger of Misplaced Solidarity

In a world where Muslims are being treated unfairly and exposed to war, it is no wonder that some protest movements draw inspiration from international Islamic leaders. Many are driven to mobilize in favour of Muslim causes worldwide, from Egypt to Palestine. But such acts of solidarity must be well-considered.

There exists a tremendous difference between displaying a Palestinian flag and displaying a photo of Sayyid Qutb. The flag represents the resistance of a nation against occupation; the photo represents an idea that has been used to justify brutal domination and violence.

India’s Muslim citizens need to recognize this difference. Solidarity does not equal symbols. Borrowing other people’s symbols, particularly those of nations with complicated histories, is a potential issue in India’s unique democratic and plural environment.

A Lesson in Political Messaging

What we witness from the Kozhikode protest is that messaging is important. Symbols are important. And context is most important of all.

The photo of Qutb was probably employed by some or a limited number of protesters and not the key protest organizers. But in today’s world of rapidly spreading images and political openings, a single image can represent an entire movement.

In Kerala, it served to divert the national discussion from the significant issues regarding the Waqf Bill to the sensational allegations of Islamist support. This is not a victory for the protesters. It is a distraction—and a destructive one.

Moving Forward: Responsible Protest and Clear Vision

 Indian Muslims are confronted with serious challenges: increasing marginalization, communal violence, and increasing state surveillance of their institutions. Their political action and protests have to be strategic, disciplined, and Constitution-based. Individuals such as B.R. Ambedkar, Maulana Abul Kalam Azad, and Sir Syed Ahmad Khan are better role models for demonstrations than Sayyid Qutb. These leaders were of the opinion that they should speak, learn, reform, and cooperate with the Indian state—instead of boycotting it.

There is power in moderation, and strength in clarity. As one Hadith of the Prophet Muhammad ﷺ says:

خَيْرُ الْأُمُورِ أَوْسَطُهَا

“The best of affairs are those that are moderate.”

(Musnad Ahmad)

If Indian Muslim activists want their demands to be heard and respected, they must also speak a language that resonates with India’s constitutional and pluralistic values—not imported ideologies that sow division.

Courtesy: New Age Islam 

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22 arrested, internet suspended as Murshidabad recovers from Waqf Act protest violence https://sabrangindia.in/22-arrested-internet-suspended-as-murshidabad-recovers-from-waqf-act-protest-violence/ Fri, 11 Apr 2025 12:21:40 +0000 https://sabrangindia.in/?p=41106 Clashes leave nine injured, vehicles torched, and highways blocked as tensions flare over new legislation; prohibitory orders imposed and political blame game begins

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Twenty-two individuals have been arrested following violent protests in West Bengal’s Murshidabad district against the newly enacted Waqf (Amendment) Act, police confirmed on April 9, 2025. The administration stated that the situation is now under control, with prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)—equivalent to the old Section 144 of the CrPC—remaining in place around the Raghunathganj and Suti police station areas until 6 pm on April 10. Internet services in the Jangipur sub-division will remain suspended until 6 pm on April 11.

A heavy police deployment, including the Rapid Action Force, continues to maintain vigil across sensitive areas, particularly in and around Jangipur town, where the worst of the violence unfolded on April 8. Authorities have also intensified patrolling and naka-checking to prevent further unrest.

How the violence unfolded

The violence erupted on the afternoon of April 8, 2025, in Omarpur, under Raghunathganj police limits, when hundreds of protesters blocked National Highway-12 (NH-12) demanding a rollback of the Waqf (Amendment) Act, 2025. Clashes began after police attempted to disperse the crowd, leading to widespread stone-pelting and arson. At least five police vehicles were vandalised—two of which were set ablaze—and a firearm was reportedly snatched from a policeman.

According to official reports, nine people, including four police personnel, were injured in the violence. The mob allegedly shattered windows of vehicles and ransacked shops and houses near the protest site. Protesters refused to clear the highway despite repeated police warnings. In response, police resorted to lathi-charges and tear gas to disperse the crowd and regain control.

Government measures and public safety

In response to the unrest, Murshidabad District Magistrate Rajarshi Mitra passed an executive order imposing restrictions under Section 163 BNSS, prohibiting gatherings of five or more people in areas where there is a perceived threat to public order. State Home Secretary Nandini Chakraborty later issued an order suspending internet services in the entire Jangipur region until April 11 to prevent the spread of misinformation and communal tension.

Superintendent of Police Ananda Roy, who visited the violence-hit areas, confirmed detentions and ongoing operations to identify more suspects. “Some policemen were injured, including a deputy superintendent. Legal proceedings will follow against those involved in the violence and rumour-mongering,” he said, as per Hindustan Times.

Political fallout and divided reactions

The incident has sparked sharp political reactions. West Bengal Governor C V Ananda Bose condemned the violence and urged the state government to take “bold action” against those disturbing law and order. “Attempts to disturb public peace must be crushed with an iron hand,” he said, as per Times of India.

The opposition BJP was quick to blame the Mamata Banerjee-led state government for “minority appeasement” and deteriorating law and order. BJP state president Sukanta Majumdar claimed “violent Islamist mobs” were behind the riots and accused the administration of suppressing the truth by suspending internet services. He further alleged that Hindus were being targeted under the garb of protests.

Congress leader Adhir Ranjan Chowdhury held both the BJP and TMC responsible, accusing them of politicising the issue for communal gain. He criticised the police for their excessive force and demanded a more sensitive approach in a region where over 70 percent of the population is Muslim. Chowdhury warned against stoking further unrest in Murshidabad’s communally fragile landscape.

In contrast, Siddiqullah Chowdhury, a senior TMC leader and state minister, criticised the police crackdown. “Even during the Left rule, police never baton-charged minorities. If there was violence, action must be taken against the guilty. But lathi-charging an entire rally is unacceptable,” he said.

The Waqf (Amendment) Act and its wider impact

The Waqf (Amendment) Act, 2025—passed by the Lok Sabha and the Rajya Sabha after extended debates and signed into law by President Droupadi Murmu—officially came into effect on April 8. The law aims to allegedly modernise the governance of Waqf properties by enhancing transparency, ensuring better coordination between Waqf boards and local authorities, and safeguarding heritage assets.

However, it has been met with opposition from several Muslim organisations and political parties, who argue that the new provisions, especially the inclusion of non-Muslim members in Waqf boards, amount to undue interference in religious affairs. The opposition has labelled the law “anti-democratic” and accused the union of undermining the rights of religious minorities.

The Murshidabad incident is the most violent among a string of protests that have taken place in West Bengal and other states like Tamil Nadu. As per a report of Mint, BJP leaders circulated unverified videos allegedly showing protesters rejecting the Indian Constitution—claims that have been strongly contested by local groups.

Conclusion: Calm returns, but tensions linger

As of April 9, the police report that normalcy has been restored, with traffic on NH-12 resuming and no further incidents reported. However, prohibitory orders and internet restrictions continue to ensure preventive security. Authorities have promised strict legal action against those who instigated violence and against anyone spreading misinformation online.

The political and communal overtones of the protest continue to reverberate across West Bengal, revealing the deep polarisation around religious legislation. While the law has been enacted, the resistance to it—and the state’s handling of dissent—signals that tensions are far from resolved in Murshidabad and beyond.

Related:

Mob violence, police torture justifiable practices feel a significant section of India’s police: Study

A Judgement of Conscience: Bombay High Court orders SIT Probe into alleged fake encounter in Badlapur

Supreme Court slams UP police for criminalising civil disputes, calls it a ‘complete breakdown of rule of law’

Amid rumours blaming Muslims, drunk café owner Siddharth Singh arrested for vandalising Veer Tejaji idol in Jaipur

In Congress-ruled Himachal, Hindutva goons ask minorities to leave state, saying ‘Don’t pollute Himachal’

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In Congress-ruled Himachal, Hindutva goons ask minorities to leave state, saying ‘Don’t pollute Himachal’ https://sabrangindia.in/in-congress-ruled-himachal-hindutva-goons-ask-minorities-to-leave-state-saying-dont-pollute-himachal/ Tue, 08 Apr 2025 10:23:52 +0000 https://sabrangindia.in/?p=41015 "Please leave the state as soon as possible. Otherwise, things can turn out ugly," said one of the Hindu Jagran members is reported to have threatened

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Members of the Hindu Jagran Manch, a Hindutva organisation in Himachal Pradesh, threatened minorities to leave the state, alleging that they are ‘polluting’ devabhoomi (land of Gods).

In an undated video shared by The Observer Post that has surfaced on social media platforms on Sunday, April 6, a group of Muslims encounter the Hindu Jagran Manch members who demand, in an audibly threatening voice, that they show their Adhaar cards or any other ID proof. When the Muslims try to state that they have the required ID proofs, the Hindutva members appear impatient to hear them out. When interrogated about their hometown, the Muslims replied they hail from Safipur town, in Uttar Pradesh’s Unano district.

“I request you all to please do not ‘pollute’ this area. I do not want any of you to be seen hereafter. Please leave the state as soon as possible. Otherwise, things can turn out ugly,” one of the Hindu Jagran members can be heard saying, subtly referring to a possible communal riot.

This appears to follow a pattern. About six-eight days ago, another video from Himachal Pradesh emerged where Muslim shop owners residing in Paonta Sahib area were threatened to shut their business and leave the area by far-right Hindutva elements.

A video dated March 24 emerged on social media platforms where Rakesh Tomar, the founder of the far-right Hindutva group Rudrasena, is seen threatening a few Muslim shop owners, asking them to vacate their shops within seven days.

Himachal Pradesh is governed by the Congress party with Sukhwinder Singh Sukku as its chief minister.

Related:

APCR’s Fact-Finding Report: Congress ministers remarks escalated the communal tensions in Himachal Pradesh

Truth about the Sanjauli Mosque issue: Shimla, Himachal Pradesh

Tensions escalate in Himachal and Uttarakhand, multiple protest and rallies against mosques

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Christian academics, activists write to CBCI urging re-think on newly enacted Waqf law https://sabrangindia.in/christian-academics-activists-write-to-cbci-urging-re-think-on-newly-enacted-waqf-law/ Tue, 08 Apr 2025 05:14:01 +0000 https://sabrangindia.in/?p=40992 Responding to a press note issued by the by the Catholic Bishops’ Conference of India urging political parties in Parliament to support the proposed amendments to the Waqf Act, Christian academics and activists have, in an open letter dated April 8, urged a re-think on their stand

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Expressing concern and dismay at the Catholic Bishops’ Conference of India (CBCI) publicly expressed stand on the newly enacted Waqf law, academics and activists have urged a sober reconsideration of the same. The CBCI had, through a press note (Ref: CBCI/PR/25-03), some days ago, urged political parties in Parliament to support the proposed amendments to the Waqf Act, Christian academics and activists have urged a re-think on their stand

The open letter, released on April 8, observes that as concerned Catholics, committed to values of justice, fraternity and inter-faith harmony which even the Church upholds, constitutional values of equality, freedom of faith and protection of minority rights are key.

The letter also elaborates on an example of a conflict in Kerala wherein the Catholic community in Kerala is currently facing a distressing situation in Munambam, where 400 to 600 Christian families in a coastal village are under the threat of displacement due to a local Waqf claim over the land and states that though extremely unfortunate, this is a localised matter that should be addressed through legal, negotiated, and conciliatory means. This case, already under judicial consideration, should not have served as the basis for supporting a national legislative change that now has far-reaching implications for another religious minority community, state the authors of the open communication. They observe that the CBCI press note/letter risks legitimising state intrusion under the guise of reform.

The entire text of the open letter may be read below:

April 8, 2025

To

The Catholic Bishops Conference of India

Dear Bishops,

We write to you as concerned members of the Catholic community in India—laity, religious and clergy—deeply committed to the values of justice, fraternity, and interfaith harmony that the Church upholds. As citizens of a secular and democratic republic, we also hold dear the constitutional values of equality, freedom of religion, and the protection of minority rights.

We read with growing concern the recent press statement issued by the Catholic Bishops’ Conference of India (Ref: CBCI/PR/25-03) urging political parties in Parliament to support the proposed amendments to the Waqf Act. This intervention, in our view, raises several serious issues that merit careful reconsideration.

Since then, the proposed amendments have been passed by both Houses of Parliament and have now received presidential assent, making them law. The new Act introduces significant changes to the governance of Waqf properties, including the inclusion of non-Muslims in Waqf Boards—an issue that has generated widespread apprehension and opposition, particularly from the Muslim community and a range of political parties. One of the central concerns is that the legislation infringes on the autonomy of a religious minority’s institutional affairs.

While we understand that the Catholic community in Kerala is currently facing a distressing situation in Munambam, where 400 to 600 Christian families in a coastal village are under the threat of displacement due to a local Waqf claim over the land, we believe that this is a localized matter that should be addressed through legal, negotiated, and conciliatory means. This case, already under judicial consideration, should not have served as the basis for supporting a national legislative change that now has far-reaching implications for another religious minority community. The CBCI letter risks legitimising state intrusion under the guise of reform.

It is important to recognise that responses shaped primarily by immediate or local anxieties may inadvertently lead to consequences that also affect the Christian community’s long-term interests. A precedent that enables state interference in the affairs of one minority may well open the door to similar intrusions into the rights and governance of other religious communities, including Christians.

At a time when Christian institutions are themselves under increasing scrutiny and pressure from political and state authorities—and when the number of reported incidents of violence and discrimination against Christians has sharply risen, including over 800 documented cases in 2024 alone—we must be particularly vigilant in safeguarding the broader principles of minority rights and religious freedom. As citizens, it is our constitutional duty to uphold the rights of all religious communities and to stand in solidarity with those whose freedoms are under threat.

We hope that the CBCI will engage in deeper reflection and consultation before issuing public statements on matters that have wide-ranging consequences. The strength of our witness as a Church lies in our commitment to justice, peace, and solidarity—not only within our own community but with all those who are vulnerable.

We trust that this concern will be received in the spirit of respectful dialogue and shared responsibility that binds us all in faith.

Sincerely in Christ,

  1. Susan Abraham, Lawyer and Human Rights Activist
  2. Allen Brooks, Ex Chairperson, Assam State Commission for Minorities
  3. John Dayal, Ex Member, National Integration Council
  4. Brinelle D’Souza, Academic and Activist
  5. Dorothy Fernandes PBVM, Former National Convener, Forum of Religious for Justice & Peace
  6. Walter Fernandes SJ, Director, North Eastern Social Research Centre, Guwahati
  7. Astrid Lobo Gajiwala, Secretary, Ecclesia of Women in Asia
  8. & Indian Women’s Theological Forum
  9. Frazer Mascarenhas SJ, Former Principal, St. Xavier’s College Mumbai
  10. AC Michael, Ex Member, Delhi Minorities Commission
  11. Elsa Muttathu PBVM
  12. Prakash Louis SJ, Activist, Patna
  13. Thomas Pallithanam, People’s Action For Rural Awakening & Meluko, AP
  14. Cedric Prakash SJ, Activist, Ahmedabad
  15. Lisa Pires PBVM, Working in Goa on Issues of Trafficking and Migration

Related:

Letter to Minorities Minister: Waqf bell tolls for Christians too

Was the Waqf Beneficial for Muslim Society?

The Waqf Bill 2024: An Open Letter to the Joint Committee of Parliament, the Opposition, and India’s Muslim Communities

 

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