The BJP’s reaction, though seemingly focused on the Tamil Nadu vs. Governor judgement, seemed excessive in relation to the judgment itself. While the ruling does hold weight in political terms, it does not seem to warrant the level of aggression directed at the judiciary. There are numerous options to deal with the restrictions the judgement imposes on BJP’s agenda like a review or adjustments could be pursued without needing to escalate tensions with the Court in such a dramatic manner. This suggests that the real concern is not just about the Governor’s judgment but rather about broader fears over the judiciary’s increasing influence in matters closely tied to the BJP’s ideological agenda.

When viewed alongside the ongoing challenge to the 2025 Waqf Amendment, however, the intensity of the response becomes clearer. The Waqf issue is far more central to the BJP’s ideological vision, and any judicial involvement in the matter feels far more significant to the party. In this context, the backlash against the Supreme Court over the Governor case can be seen less as a reaction to that judgment alone and more as part of a broader effort to signal the BJP’s discomfort with judicial interventions in areas it views as essential to its agenda.

To fully understand this dynamic, it’s essential to also look at the history of the Waqf Act, 1995 particularly the 2013 amendment, shaped by the Sachar Committee Report and the 2008 Joint Parliamentary Committee Report. This article will explore the context of that amendment, its shortcomings and later discuss what prompts these kinds of changes in the legal regime by majoritarian governments. A detailed look examination of the 2024/25 Amendment can be read here.

The Sachar Committee Report: Unveiling disparities and untapped potential

Commissioned by Prime Minister Manmohan Singh’s government in March 2005, the seven-member High Level Committee, chaired by Justice Rajindar Sachar, was tasked with preparing a comprehensive report on the social, economic, and educational status of the Muslim community in India. Submitted in November 2006 and tabled in Parliament shortly after, the Sachar Committee Report became a landmark document, providing stark evidence of the developmental deficits faced by Indian Muslims relative to national averages.

The Committee recommended targeted programs for skill development, credit access, and market support, particularly in backward districts and clusters where Muslim artisans were concentrated.

Crucially, the Sachar Report shone a spotlight on Waqf properties as a vast, yet profoundly underutilised, resource for potential community development. It identified over 4.9 lakh registered Waqf properties across India, encompassing an estimated 6 lakh acres of land.^[1] While the book value was pegged at Rs. 6,000 crores, the Committee estimated the market value to be significantly higher, potentially around Rs. 1.2 lakh crores (in 2006). Despite this immense asset base, the annual income generated was a mere Rs. 163 crores, representing a paltry 2.7% return on the decades-old book value. The report contrasted this with the potential for generating at least Rs. 12,000 crores annually (a 10% return on estimated market value) if the properties were managed efficiently and put to marketable use.

The Committee implicitly and explicitly pointed towards significant mismanagement, widespread encroachment (including alleged unauthorised occupation by government agencies), and administrative inefficiencies as key reasons for this underperformance.^[2] It recommended strengthening Waqf administration, applying laws like the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 to remove encroachments, recovering rent arrears at market rates, and potentially exempting Waqf properties from certain restrictive laws (like Rent Control Acts) to unlock their potential.^[3] The Sachar Report thus framed Waqf not just as a matter of religious endowment management but as a critical potential resource for addressing the very socio-economic backwardness it had documented, creating a strong impetus for reform.

The Waqf (Amendment) Act, 2013 v/s The Waqf Act, 1995: A comparative overview

A Joint Parliamentary Committee on Waqf was constituted on 2nd January 2006 by the Rajya Sabha Chairman in consultation with the Lok Sabha Speaker to assess the Waqf Act’s implementation, to suggest amendments for retrieving encroached properties, and improve the functioning of the Central Waqf Council and State Waqf Boards.

The report of the Joint Parliamentary Committee on Waqf on Amendments to the Waqf Act, 1995 presented on March 4, 2008 suggested changes to make the 1995 Act more effective, particularly in achieving the retrieval of encroached Waqf properties. This Joint Parliamentary Committee (JPC), formed in 2006, analysed numerous suggestions and proposed substantial amendments.

Key recommendations focused on tightening the Act’s framework:

• Adding clear definitions for ‘Encroacher’ and ‘Waqf Premises’;
• Mandating faster (within one year) and more frequent (every 10 years) state-funded surveys of Waqf properties, including those existing since 1947, and giving these surveys legal weight in revenue records.
• Strengthening Waqf Tribunals by expanding their composition (including a judicial chair, a civil servant, and a Muslim law expert), granting them exclusive jurisdiction over Waqf cases, and setting time limits for decisions.
• Enhancing the Central Waqf Council’s advisory role and potentially transforming it into a commission with supervisory powers.
• Restructuring State Waqf Boards with elected and nominated members and defining procedures for removing the Chairman.
• Specifying qualifications for the CEO (must be Muslim, appointed from a Board-suggested panel).
• Drastically curtailing the alienation of Waqf property by declaring sales void and allowing leases only under strict conditions.
• Significantly strengthening anti-encroachment measures by empowering the CEO with eviction powers (akin to a Collector), defining encroachment broadly, introducing hefty penalties (imprisonment and fines) for encroachers (as a cognisable offence), and penalising negligent public servants; and asserting the Waqf Act’s precedence over conflicting local revenue laws.

The JPC also suggested establishing national bodies for Waqf property development and promoting education among Muslims, leveraging surplus funds.

In pursuance of the report, an amendment was made.

Waqf (Amendment) Act, 2013

The Waqf (Amendment) Act, 2013(Amendment Act, 2013), introduced several significant changes to the Waqf Act, 1995, aiming to address issues highlighted by the Sachar Committee and other stakeholders. Here’s a comparison of key provisions altered by the 2013 amendment:

• Nomenclature and Definitions
  • 1995 Act: Used the spelling “Waqf”. Definitions did not exist for term “encroacher” and a limited definition existed for “Waqf”. ((Section 3(s)2))
  • 2013 Amendment: Standardised the spelling to “Waqf” throughout. It expanded the definition of “encroacher” to explicitly cover those occupying property after lease/license expiry or termination. The definition of “Waqf” was broadened to explicitly include certain communal land entries (Shamlat Patti, etc.). It also added the requirement for a mutawalli (manager) to be an Indian citizen and allowed states to set further qualifications. (Sections 2 and 5 of the Amendment Act, 2013)
• Survey of Waqf Properties
  • 1995 Act: Provided for the survey of Waqf properties by a Survey Commissioner appointed by the State Government (Section 4).
  • 2013 Amendment: Mandated the completion of surveys within one year if not already done, requiring the appointment of Survey Commissioners where necessary. This aimed to address the issue of incomplete or outdated property records. (Section 6 the Amendment Act, 2013)
• Protection Against Encroachment
  • 1995 Act: Section 54 outlined procedures for removing encroachers, but enforcement was often seen as weak. Tribunals had powers to handle disputes.
  • 2013 Amendment: Strengthened Tribunal powers to assess damages from unauthorized occupation and recover them as land revenue arrears. It also introduced penalties for public servants failing to prevent or remove encroachments. This was a direct response to the widespread encroachment problem (Sections 9 of the Amendment Act, 2013).
• Alienation of Waqf Property
  • 1995 Act: Contained restrictions on alienation, requiring Board sanction for leases, sales, exchanges, or mortgages.

2013 Amendment: Imposed a stricter regime by explicitly prohibiting the sale, gift, mortgage, or exchange of Waqf property altogether. (Section 31 of the Amendment Act, 2013)

Leases were permitted but generally capped at 30 years, requiring prior Board sanction and adherence to regulations ensuring market-based rent. This aimed to prevent the permanent loss of Waqf assets. (Section 35 of the Amendment Act, 2013)

• Waqf Tribunals
  • 1995 Act: Established State-level Waqf Tribunals for dispute resolution. Their decisions were indeed subject to High Court review. The composition included judicial and administrative officers, and often an expert in Muslim law.
  • 2013 Amendment: Formalised the three-member structure for Tribunals: (i) a judicial officer (Chairperson), (ii) a senior state civil servant, and (iii) explicitly, a person with knowledge of Muslim law and jurisprudence. The amendment maintained the status of Tribunal decisions. (Section 43 of the Amendment Act, 2013)
• State Waqf Boards and Central Waqf Council:
  • 1995 Act: Established State Waqf Boards for management and a Central Waqf Council primarily for advisory functions. Board composition varied but was predominantly Muslim.
  • 2013 Amendment: Mandated the inclusion of at least two women members in each State Waqf Board. It significantly strengthened the powers of the Central Waqf Council, enabling it to issue binding directives to State Boards on performance, record maintenance, surveys, encroachment handling, and financial reporting, aiming for greater central oversight and accountability. (Sections 11 and 13 of the Amendment Act, 2013)
• Financial Accountability:
  • 1995 Act: Under Section 72, the mutawalli of every waqf was supposed to pay an amount not exceeding 7% of waqf’s annual income to the Board.
  • 2013 Amendment: Ensured that mutawallis can claim up to 20% for farming costs as deduction from the net annual income of which 7% was to be paid to the Board —but only if they farm the land themselves, not if it’s leased out. It also reinforced the need for regular auditing of Waqf accounts. (Section 41 of the Amendment Act, 2013)

In essence, the 2013 amendments sought to tighten controls, enhance protections, clarify definitions, and increase oversight compared to the 1995 framework, largely influenced by the issues raised in the Sachar Report.

The 2013 Amendments- An examination

The Waqf (Amendment) Act, 2013, emerged from a context demanding urgent reform. The Sachar Committee Report had laid bare not only the socio-economic challenges facing Indian Muslims but also remarked on the inefficiency in leveraging Waqf properties for community benefit. Coupled with long-standing criticisms of the 1995 Act’s implementation, including issues highlighted by Joint Parliamentary Committees (JPCs), the pressure to act was significant. K. Rahman Khan, the then Union Minister for Minority Affairs, spearheaded the legislative effort, presenting it as a product of wide consultations.

While the amendments introduced seemingly positive changes like stricter alienation rules and enhanced central oversight, they failed to address the root causes of mismanagement and underutilisation in a comprehensive manner. The focus seemed skewed towards strengthening controls and administrative structures on paper, rather than ensuring practical implementation, capacity building, and, crucially, facilitating the development potential highlighted by Sachar.

A major shortcoming was the failure to translate the Sachar Committee’s vision of Waqf as a development resource into reality. The 2013 Act lacked robust mechanisms or incentives to encourage the productive and marketable use of Waqf assets. While preventing alienation is important, simply locking up properties without facilitating their development does little to generate the income needed for education, healthcare, or skill development initiatives. The establishment of the National Waqf Development Corporation (NAWADCO) under Minister Khan’s tenure seemed promising, but its subsequent failure to gain traction shows the lack of a sustained, well-thought-out strategy for development within the 2013 framework. This suggests a superficial engagement with the Sachar report’s core economic argument, possibly rushed through without adequate planning for execution.

Furthermore, the amendments enhanced the powers of Waqf Boards and the Central Council but seemingly without sufficient attention to improving their operational capacity, transparency, or accountability on the ground. The persistence of issues like incomplete surveys years after the mandated deadline , continued widespread encroachment despite new penalties, mismanagement and corruption point to a significant gap between legislative intent and administrative reality. Empowering bodies without ensuring they have the resources, skills, and robust oversight needed for effective functioning can be counterproductive. This suggests the reforms may have been pushed through without fully considering the practical challenges of implementation across diverse state contexts.

The declaration by Minister Khan, upon the Act’s passage, that it was “perfect” seems indicative of an overestimation of the legislative changes and perhaps an underestimation of the deep-seated systemic problems. Consequently, the 2013 amendments, despite being presented as a definitive solution, ultimately proved inadequate. Their failure to effectively tackle mismanagement, unlock development potential, or ensure consistent enforcement created a vacuum. This environment of unresolved issues and perceived shortcomings – stemming perhaps from a rushed legislative process that prioritized symbolic changes over deep institutional reform – arguably paved the way for the more drastic and ill-motivated amendments proposed in 2025. The legacy of the 2013 Act is thus one of missed opportunities and incomplete reform, highlighting the pitfalls of addressing complex governance challenges with hurried legislative fixes.

Why is BJP badgering for a Waqf Reform?

Despite the hawkish stance BJP has taken consistently against institutions that could hold it accountable-from media to the Election Commission and even judiciary to an extent, it never was public with its rupture with the judiciary. It found no difficulty in arranging post-retirement plum posts for some influential judges like Chief Justice (as he was then) Ranjan Gogoi, Justice Arun Misra, Justice Abdul Nazeer etc. However, this time, it has found Waqf hearings serious enough to rake up an issue that it otherwise would not have- the scope of judicial review of the Supreme Court. This is a mighty issue and a 240 seat BJP is not cut out for it. And yet, we see how the party is willing to take its chance, especially during the Waqf Hearings. Why?

Waqf has featured in BJP’s Election manifestos for a while now. In the 1998 election manifesto, the party promised that it will protect Waqf properties from being usurped by unscrupulous individuals and help Waqf boards to develop these properties for the welfare of poor Muslim families. In the 2009 BJP’s manifesto  stated that will examine the recommendations of the Joint Parliamentary Committee regarding Waqf properties, and would, in consultation with Muslim religious leaders, take steps to remove encroachments from and unauthorised occupation of waqf properties. In its 2014 manifesto, the last one which mentions Waqf, the party stated that it will empower Waqf Boards in consultation with religious leaders; taking steps to remove encroachments from and unauthorized occupation of Waqf properties. The 2019 and 2024 manifestos restricted themselves to mentioning Triple Talaq and did not have any mention of Waqf. While not giving space in the manifesto, the BJP led NDA government has given space for Waqf in its legislative agenda. This points to a deeper, ideology driven agenda.

From Locke’s labour theory of property in Two Treatises of Government to Hegel’s concept of property as the externalisation of free will in the Philosophy of Right, the Western philosophical canon has long enshrined property ownership as intrinsic to personal liberty and political agency. Liberal theorists such as John Stuart Mill and modern defenders of Rawlsian distributive justice have further situated property within the architecture of equal citizenship, whereby the capacity to hold and transfer property undergirds the social contract and democratic legitimacy. In this tradition, property is not merely a material possession but a socially sanctioned claim to recognition, status, and autonomy. Thus, the disruption of minority property rights often signals a deeper project of political unmaking and ontological negation. As Hannah Arendt articulates in The Origins of Totalitarianism, the erasure of the “right to have rights” is a revocation of a right leading to statelessness, Historically, this logic has been basis of violent projects of ethnonational purification: the Nazi regime’s Verreichlichung (Aryanization) of Jewish assets, the legal dispossession of Armenians under Ottoman decrees such as the 1915 Abandoned Properties Law show how property becomes both a terrain and instrument of racialized statecraft. Property regimes, far from being neutral or apolitical, thus emerge as critical sites where inclusion is conferred or denied.

While the Waqf Amendment, 2025 does not have the same level of intensity as the extreme laws stated above, the concerning fact is that these amendments constitute an othering of the property relations relating to charity for the Muslims. When combined with the vehemence with which the BJP has been trying to enact laws that specifically exclude or target Muslim minorities (Criminalisation of Triple Talaq, Citizenship Amendment), Waqf Amendment, 2025 is not only an opportunity missed to reform Waqf system for the better, but also a not-so-sly attempt to promote majoritarianism.

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

^[1] Pg.240, Sachar Committee Report. Available at:https://minorityaffairs.gov.in/WriteReadData/RTF1984/7830578798.pdf

^[2] Pg. 243, Sachar Committee Report

^[3] Pg. 255, Sachar Committee Report

Related:

Waqf Amendment Act 2025: An erosion of rights under the garb of reform

Amendments to the Waqf Law were needed, but the grab-and-control Waqf Amendment Act, 2025 is not the answer

The AMU Teachers’ Association (AMUTA) and Waqf Worries: Ordinary members of the Qaum are caught between a self-serving elite and a majoritarian Regime

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

The post ‘Reforms’: Sachar Committee, the 2013 Amendments and the motive behind the proposed changes in the Waqf Regime appeared first on SabrangIndia.

There exists a deep communication gap even among the non-partisan (voices) on the issue of the Waqf. This needs to be bridged. Every society and religion have provisions and practices, both related to charity and public welfare. In present day India, an era of majoritarian ascendance and minority-bashing, weaponising of this welfarist institutional –even noble– practice is easy. On the other hand, huge Waqf assets and proceeds have been (unfairly) controlled and siphoned off by some among the self-serving religious and secular elites among Muslims in connivance with (sic) the state and state-regulated Waqf Boards, for decades. This duality is a double whammy for the average Muslim citizen, regardless of whether the political dispensation has been overtly anti-Muslim or ostensibly pluralist.

An instance from my ancestral village

In my own native village in rural north Bihar, there are at least three to four graveyards. The largest one is, as per documentation, owned by some families, but used for community burials by all Muslim castes (biradris) and classes of the village. Another one is owned by three specific families. In the three contiguous graveyards, each family buries its own dead in their respective spots. Yet another one, adjacent to it, belongs to the Muslim communities of Mir-Shikars, Rayeens, Mansuris (Pasmanda Muslim communities). The land is said to have been donated by a Bhumihar-Brahman– Hindu upper caste — landlord of the village, the economic status of whose descendants are reported to have dwindled very significantly. What happens then if the (2025 amended provision) of “Waqf by user” is applied to these graveyards in my native village which fall under Waqf properties, without detailed documentation. As per the just legislated law (Waqf Amendment Act 2025), the Hindu inheritors of these lands may claim their ownership (!!) and one can then imagine the socio-political fallout, particularly in an era of “everyday communalism”.

The older mosque of my ancestral village stands on a piece of land which belonged to a widow without any children. The rest of the plot of the land is home to the house of the legal inheritors of the donor, who possess their document of proprietorship. On and off, some other villagers, hostile to, or envious of, the descendant who owns the house (legal inheritor), keep claiming that the rest of the plot of the land (apart from that on which the mosque stands) too belongs to the Waqf (mosque). Thus, a dispute has been kept alive, intra-Muslim. The very same widow-donor is said to have donated another plot of her land and the produce from this other plot of land is s meant for the costs and upkeep (chiraghi, i.e, lighting) of the mosque. This has been all through oral endowments, not documented. If oral practice were not followed, the legal inheritor of the widow-donor could/can always reclaim the land. Recently, certain “pious” people of the village expressed their intent to sell away that part of the land so that a tall, 80-feet tall minar (spire) could be built! Without such an imposing minar, the identity of a newly arrived, affluent (neo-rich) Muslims cannot be displayed, a phenomenon that also creates a sense of awe (and dominance) among both Muslims and Hindus of the locality. This handful of demonstrably “pious” villagers — with pretensions to religious education and knowledge of the Shariah—choose to forget the fact that a Waqf land cannot be put to use for any purpose other than for what has been specified by the donor (Waqif). They also choose to forget the fact that in the face of the non-existence of any written documentation and the lack of registration of such details with the Waqf Board; or non-registration in a court of law to that effect, their step would/could encounter a big obstacle. Who would be the “seller” in the land-registration office? The seller, in such a scenario, has necessarily to be a legal inheritor of the land. That the newly constructed tall minar on the northern wall of the mosque (the metallic road touches the northern wall of the mosque, hence, it involves another question of legality) would (or could) attract the attention of Hindu religious processions and therefore it is (also) potentially explosive– another important issue– that I put aside at the moment. [On more than one occasion, some instances of communal conflict that revolve around the “spot” of religious structures in the past have also brewed on the misplaced priorities of local Muslim communities, who otherwise perennially complain of educational and economic backwardness).

Religiosity of the Waqf

Some academic works, for instance, Khalid Rashid (1978), Gregory Kozlowsky (1985), P. Munawar Husain (2021), etc., on the theme of Waqf, also throw up some important questions:

Is the creation and existence of Waqf strictly as per the Sharia? The Holy Quran makes no mention of awqaf or any institution similar to them. Abu Hanifa (AD 699-767 AD) “disapproved of the institution”?  Collections of the fatawa of religious scholars in India have contained both favourable and un-favourable statements on the institution of Waqf.

Waqf, in actual practice, was not necessarily and strictly either a charitable trust or a foundation of faith. Many of these, such as the Waqf-e-Aulad, were/are selfish practices too, besides of course, also being altruistic. In this specific category (Waqf-e-Aulad), the maximum proceeds of most of awqaf are theoretically and practically earmarked for the members of the family and kinship. Every Waqif (donor) wanted his or her offspring to inherit the fruits of that ingenuity of the [Waqf], to preserve the world of their founders.

The British Indian court’s approach towards following literal Quranic rules of inheritance made Muslim landholders carve out other “legal” ways of preserving the holdings by creating awqaf. Therefore, beginning in 1879, the High Courts of India handed down a series of decisions which overturned any endowment considered to benefit primarily the settler’s own family. The Privy Council in 1894 observed that Muslim endowments must be religious and “charitable”; public, not private. The Courts’ premise was: Muslims ought to follow their own Holy Scripture, Quran, to inherit parental assets.

Who were the mutawallis (managers) of the earliest Awqaf, viz., Khyber, Sawad (Iraq, which was then a part of Iran), and Ramlah in Palestine, founded in 912 AD) Waqf by Faiq, a eunuch, distinguished as having the earliest written record (on a stone tablet)? All of these three earliest awqaf (s) in Islamic history became non-existent due to encroachment by soldiers and other influential elites in the early centuries of Islam. “Military and political leaders gradually appropriated the territory’s income. Such encroachment on endowments was by no means rare. Though awqaf aimed at permanence, few attained it”. The Buwayhids, a family of Iranian, not Arab origin, had a hand in dismembering that [Sawad] endowment.

The creation of Waqf, in most cases — as observed by judges during British colonial rule –had more to do with circumventing the Quranically defined rights of inheritance and division/distribution of the properties (estates) and their proceeds among his/her heirs. Waqf-creation was a way of putting a complete restriction on sale and purchase of the assets/properties by the heirs.  “Waqf is a (unique)/typical phenomenon which partakes the characteristics of endowment, gift and many such sister concepts but, at the same time, stands apart”. “The removal of encroachments upon the Waqf properties is relegated to the executive wing rather than a judicial exercise. The appointment and removal of mutawallis is another complicated issue”.

In the early years of the 19th century, a number of persons from India’s Muslim elite began to convert their property into awqaf. This was a way to protect their family’s fortunes and the social prominence which accompanied it. In both kinds of awqaf, viz., Waqf-e-Aam (exclusively for charitable purposes) and Waqf-e-Aulad, through mutawllis (managers), self-interest could be both preserved and perpetuated.

In 1879, Sir Sayyid Ahmad Khan (when he was in the Viceroy’s legislative council) published an article in his Urdu journal, Tazhib- al-Akhlaq, titled “A plan for saving Muslim Families from destruction and extinction” (“Ek Tadbir: Mussalmanon ke Khandanon ko Tabahi awr Barbadi se Bachaane ki“). In this article, he noted, that a Waqf was “allowed”, or “permitted” (mujaz). Could this mean that while he did not outright disapprove of the practice, he was not a vocal supporter of the institution?

Sir Syed’s four important concerns were: (a) that the property placed in a Waqf be accurately and fully described. (b) his proposal insisted that, once drawn up, a waqfnamah (deed of Waqf) be registered with the district officer or the district collector or magistrate; (c) The shares of the waqf‘s income had to be precisely laid out in the Waqfnamah. (d) Also, the succession to the office of mutawalli had to be clearly established. He wanted the Muslim waqifs to introduce significant content of charity in their waqf so that the European judges may not “mis-read” it as lacking in charity.

Ameer Ali (1849-1928) however disagreed with Sir Syed; Shibli (1857-1914) in his 21-pages long essay on Waqf-e-Aulad (1908) argued that even this form of Waqf is charitable, which endorsed Ameer Ali. Shibli’s theologically premised argument was less convincing as the Waqf-e-Aulad does not promise charity for the ordinary, common Muslim. Eventually, bending under the pressure of the Muslim orthodoxy, Sir Syed was not able to propose the draft-bill in the Imperial Legislative Council.

Interesting facts about some Indian Awqaf: A Muslim woman in Bengal even allowed her deed of Waqf to begin with an invocation to the goddess Durga. In Tamil, a mutawalli preferred to be called Dharmakarta –indigenous usage not Persio-Arabic terminology. Najiban, a tawaif of Bareilly also created a Waqf. It was only when the British Indian State ran interference that the Hoogly College[1] was established out of the Waqf created by Mohd Mohsin. The deed of the Mohd Mohsin Waqf did not have such a provision. Since the period of Caliph Umar’s (the awqaf of Khyber and Sawad), the Awqaf were always under “direct” control of the state.

India’s Waqf estates (Charitable endowments) earmarked for modern education, healthcare and similar welfare activities

Mohammad Mohsin (1732-1812) of Hooghly created a Waqf. It was only with the intervention of the East India Company (colonial) state, that the Waqf established a college in 1836 (Chinsura, West Bengal), now affiliated to the Burdwan University. This College produced alumni such as Bankim Chandra Chatterjee, Muzaffar Ahmed, ABM Habibullah, and many more in various fields, including films and sports. Subsequently, with interventions of the Calcutta reformist, Abdul Latif (d. 1893), scholarships and other stipends for students were also instituted, out of the income from the Mohsin Waqf estate.

In Haryana and Kashmir, some educational institutions are also run by Waqf, though, it is unclear, how much of the running costs are contributed by the financial grants of the Waqf Boards via the provincial government’s ministries of minority affairs. This is something that needs to be brought out more clearly.

There are many Waqfs within the Aligarh Muslim University (AMU) which provided land and scholarship to students. The noted Physicist Prof Wali Mohammad (1886-1968) is one such person who created Waqf for AMU. A students’ residential Hall (with many hostels) for engineering students, has been constructed on the Waqf land donated by Professor Wali Mohammad, in the 1990s. The Hall, meant for the Engineering students, got named after Nadim Tarin, for the reasons one fails to understand. Thus, the donor (Waqif) of the land, despite being a noted Physicist, has been sadly anonymized, almost completely erased from the history of AMU and its donors. This action was not performed by any anti-Muslim political party. There are many more Waqf lands within AMU which await a transparent acknowledgement and display (of inherited ownership) on the AMU website to ensure comprehensive wider public knowledge and also, accountability. The AMU has also been losing its lands frequently and intermittently, in one or other ways.

“Muslim waqfs and endowments are an old institution but like most other assets, have been generally mismanaged… generations past have been dissatisfied with the way Muslim Waqifs and Mutawallis,… and the governments, have handled waqf properties. Islamic governments have done no better, and in India” too the British imperialist and secular republican governments have fared no better, wrote, the economist and former Vice Chancellor of AMU, A M Khusro, in his Foreword to Khalid Rashid’s book (1978). 

Contentious legislative histories of the Waqf in India

After the failed attempt of Sir Syed in 1879, Mohammad Ali Jinnah, astute politician that he was, jumped into the Waqf fray, ostensibly to protect the interests of the Muslim landed elites who needed the Waqf Validation Act of 1913. This Act, supported by the colonial state, aimed to safeguard the landed assets of these elites, who were seen as potential allies against a growing anti-colonial movement. The Swadeshi Movement, which opposed the religious-communal partition of Bengal, had forced the colonial state to annul the (Bengal) partition in 1911-192, necessitating a political arrangement to secure Muslim support. So much so that, unlike the Sir Syed’s draft (1879), Jinnah (1913) also succeeded in getting a clause added that stated that the registration of a Waqfnamah was not mandatory.

Subsequently, Jinnah enlisted more consolidated support of Muslims through the Shariat Act of 1937 which was based on the Aurangzeb era codification of Shariat, Fatawa-e-Alamgiri of the late 17^th century. Through the Shariat Act 1937-1939, he secured hugely consolidated political support of the separatist Muslim elites and soon after, he succeeded in winning Pakistan for them. Pakistan reformed Muslim Personal Laws in March 1961. Many other Muslim countries have introduced reforms but India’s Muslims continue to resist state interference not only in the issue of the un-Quranic Instant Triple Talaq but also in the AMU’s malignant governance and gross abuse of autonomy[2]

It is also not be out of place to mention here that presently India has 32 Waqf Boards, with only Bihar and UP having separate Waqf Boards for Shias and Sunnis. The Dawoodi Bohra community, historically, has shown a preference for managing their religious properties through trusts rather than under the purview of Waqf Boards. This preference stems from their unique religious governance structure, which centralises authority in the al-Dai-al-Mutlaq.

Moral weakness of building resistance and solidarity

While the “liberal” (or, less illiberal) era of the Indian republic has often been obliging of the Muslim regressive tendencies, the current majoritarian era pursues its own divisive political agenda. For instance, it has criminalised the Instant Triple Talaq (ITT) in 2019 but did not strengthen the provisions of maintenance to the divorced women. Whereas, the Supreme Court’s verdict (in the Danial Latifi case 2001) had already clarified that the Muslim Women (Protection of Rights on Divorce) Act, 1986 (MWPRD) does provide for maintenance, surely the 2019 Act should have further strengthened the provision? Especially since, maintenance for the divorced women is the most crucial aspect of this issue in the sphere of both equity and rights?

Such has been the political history of India’s Muslims in the 20^th century (colonial and republican eras) and their stubbornness against state intervention to any reform that they have foregone the moral strength needed to resist the Waqf Amendment Act 2025. Worse, this kind and character of Muslim politics, particularly since the 1980s, has been identified by many scholars as a contributing factor to the rise of majoritarianism in India today. Concealing the pathetic aspect of widespread mismanagement of Waqf assets for decades, will now further deplete the moral strength required to build understanding and solidarity required to resist an unwanted law.

Pertinently, the need for a satisfactory political arrangement to safeguard any monopoly on landed assets is equally applicable for Hindu Mahanths and their Mutths. The current dispensation is not concerned about these Hindu institutions which also suffer from similar ills of non-transparent mal-functioning. Unfortunately, it is also true that the institution of Mahanths and Maths remains under-explored academically by historians of Peasant and Agrarian Relations. [Prakash Jha’s film Mrityudand (1997) attempts to depict some of the degenerative aspects of the institution of Mahanth, but this was a melodramatic depiction on celluloid].

The BJP-dominated regime has no intention of introducing a similar law to reform this Hindu institution of Mahanths’ Muths. This is therefore an additional reason why Muslim communities and justice-loving people look upon the Waqf Amendment Act 2025 with alarming concern. The legislative control that it seeks to seize gives a clear impression of targeting only Muslims with this discriminatory treatment.

Specifically, there is a real apprehension that the (amended) Act –presently under challenge—will turn into a tool to harass Muslims by the sinister and wide network of local majoritarian forces and outfits in those smaller villages and mohallas where the written deeds of Waqf and mosques are not available, as is the case with the abovementioned instance from my own ancestral village. Another alarming aspect of the Act is the Places of Worship Act, 1991 falling under the Ancient Monuments Preservation Act, 1904. According to Kapil Sibal[3] , this specific aspect was also concealed from the Members of Parliament from the Opposition, right until the day it was finally debated in the two Houses of Parliament.

Many scholars also feel that Israel –in West Asia—has also played this politics of usurping available Waqf land and thereby pursuing the politics of dispossessing the Arabs by illegitimate means. Haitam Suleiman and Robert Home in their 2010 essay demonstrate that most Waqf property within Israel has been expropriated by the Israeli state under Absentee Property Laws, a sensitive and complicated issue within the Palestinian-Israeli conflict. This instance justifiably alarms India’s Muslims further, about the BJP’s intent.

Briefly, to sum up. India’s Waqf urgently need reforms in terms of actualising the maximum potential of revenue, proceeds, and its use for charitable purposes, that is, towards capacity-building for the weaker sections of the citizenry. Khalid Rashid (1978) estimated that Waqf assets actualise only a mere 3.5% of its actual promise in terms of use for charitable purposes. Waqf land need to be protected from encroachers. Waqf-loot happens with the connivance of both the state and the Muslim elite controlling the Waqf Boards.

The Act legislated in 2025 doesn’t promise any such reformatory intent not does it reflect any sincerity towards breaking this nexus (between the state and the Waqf-looting elites). Protecting the Waqf and realizing its basic objective of charity and welfare remains as elusive as ever. A more thorough and sincere implementation of the Waqf (Amendment) Act 2013 –with some amendments– would have been a more constructive step rather than legislating a new law.

Finally, it must also be notes that a large proportion of Waqf property comprises graveyards (Qabristan) which do not yield any income. A paltry section (mostly orally endowed and unregistered) Waqf assets are owned by village/Mohalla mosques (which are maintained through meagre resources or no income). These “assets” add to the quantum of property of Waqfs, but do not yield returns. This is the point that the Sachar Report (2006), which highlighted the poverty of India’s Muslim minority, failed to note. However, the Sachar Report did reveal that, “There are more than 4.9 lakh registered Wakfs [Waqf estates and assets] spread across the country but the current annual income from these properties is only about Rs.163 crores, which amounts to a meagre rate of return of 2.7 percent…. The current… market value (income to be generated out) of [these] Wakf properties can be put at Rs.1.2 lakh crore.

The present, BJP-dominated NDA-III regime, therefore, should have considered emulating Turkey whose laws of 1868 and 1924 make the Waqf institutions more robust in terms of education, healthcare, municipal and civic amenities and even in disaster relief. Politically, such an emulation may have helped the BJP outsmarting the Opposition, without creating the attendant social friction.

The author is a professor, Modern and Contemporary Indian History, Aligarh Muslim University, and author of Muslim Politics in Bihar: Changing Contours.

(This article is an expanded version of Outlook’s May 1, 2025 issue ‘Username Waqf’ where it appeared under the title, ‘A Fractured Timeline’; this is an expanded version being published at the specific request of the author, a regular columnist with Sabrangindia)

[1]  Two decades later than their first venture, the British rulers made another effort to engage Muslims in their pattern of education by taking control of the Imambada Madrasa at Hooghly run under the endowment made by Haji Mohammed Mohsin in 1806. Now it is functioning as the oldest law college in the country, named as Hooghly Mohsin College in 1937.

[2] https://www.academia.edu/127645531/UGC_Draft_Regulations_2025_Question_of_Univ_Autonomy_and_AMUs_Abuse_of_Autonomy).

[3] https://www.youtube.com/watch?v=VYQEyPP-A2M; Kapil Sibal Calls Waqf Bill Unconstitutional, Alleges Political Agenda

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The first and foremost basic right is the right to live and respect human life. The holy Quran lays down: “Whosoever kills an innocent, it is as if he has killed all mankind; and whoever saves a person, it is as if he has saved all mankind”.

On April 22, India witnessed the unprecedented terror attack that led to the death of 26 innocent civilians in the Baisaran Valley (Kashmir). The five terrorists who were involved in the firing were members of the Resistance Front (TRF), a unit of Laskar-e-Taiba. The group claimed that the attack was in response to the government policy of the Indian government in Kashmir.

In response to the cowardly attack on the civilian, the Indian government has suspended the Indus treaty, expelled Pakistani advisors, cancelled SAARC visas, and closed the Attari border for Pakistani citizens.

The whole country stood in solidarity with the victims and condemned the terror attack in a single voice irrespective of religion or any differences. The prime minister said that ‘India will pursue Kashmir attackers to the end of the earth.’ He further said that the biggest strength in the war against terrorism is the unity of the country and the solidarity of 140 crore Indians.

The Home Minister, Amit Shah, called an all-party meeting to explain the incident and status in the Kashmir Valley. The whole opposition united and gave their unprecedented support to the government, demanding a strict punishment for the terrorist.

The government in the meeting had accepted that there was a security lapse that led to the unprecedented attack that killed 26 civilians and injured more than 20. Since 2019 i.e. after revocation of Article 370, the Modi government has argued Kashmir was returning to normalcy, the attack exposed loopholes in its approach.

The Discrimination faced by Muslims after Pahalgam attack

The whole issue has been diverted to the Hindu-Muslim, Muslim-Pakistan issue in social media. The major reason that needs to be debated on national TV should be what led to this incident, instead of discussing these problems and questioning the security lapse on the part of the government, the whole burden of attack has been shifted on the shoulders of the Muslims.

A post was uploaded on social media ‘X,’ previously Twitter, by the official account of the ruling party BJP’s Chhattisgarh state unit, making a Ghibli image of a woman mourning the death of her husband at the attack site with the caption “Dharm pucha Jaati nahi.”

The rising tide of polarization in India has created an environment where Muslims are often targets of discrimination and hate speech. The question of their faith, religion, and nationalism subjected them to public humiliation.

Various videos and images surfaced on social media wherein hatred was spread against the Muslims and especially the Kashmiri Muslims, portraying them as the accomplices of the attack.

As Indian government forces continue to hunt for the attackers in Kashmir’s dense jungles and mountains, Kashmiris living across India, especially students, have reported heckling, harassment and threats by far-right Hindu groups – or even their classmates.

From Uttarakhand, Punjab, to Uttar Pradesh, landlords are pushing Kashmiri tenants out; and shopkeepers are refusing to trade with them. Several Kashmiri students are sleeping at airports as they try to make their way home.

Areeba, 22 years Kashmiri student said (Reported by Article 14) “we are stuck”. We can’t go outside, and we can’t go home. Even booking a cab to the airport feels like risking our lives,” “I feel like a prisoner here, just because I’m Kashmiri, just because I’m Muslim. This flat that was once my home feels like a cage now.”

A video was released by Hindu Raksha Dal leader Lalit Sharma warning the Kashmiri students to leave the state within the stipulated time or face consequences. The Jammu and Kashmir Students Association (JKSA) claimed that the students received mass threats from the right-wing organization.

Another incident occurred in Kolkata wherein a doctor refused to give treatment to a pregnant Muslim woman, saying, “After the Kashmir incident, I’m not going to treat any Muslim patients.”

All these incidents, led to the brewing of hatred against the Muslims, especially the Kashmiris, across the country, which subsequently led to the atrocities against the Muslims.

Pahalgam Attack casts big shadows on Kashmir’s tourism economy

Kashmir was slowly rebuilding its image as a peaceful tourist destination and bring large investment in the valley after the abrogation of Article 370 in 2019. When Kashmir valley should have encroaching with the laughter of tourist, it was silenced by the gunfire. The attack on innocent civilians on April 22 didn’t just end lives, it ended the season of hope.

Kashmir, which was on the path of development and innovation from conflict to calm, has once again been dragged back by the same old shadows; it’s not just silenced the people but the whole economy of Kashmir.

The right wing openly criticized and boycotted the Kashmiri goods and vendors across the country. The Congress president, Mallika Arjun Kharge, and other MPs from the opposition have raised the similar issue that there are several social media handles that are raising such false narratives against Muslims and Kashmiris, which must be tackled with a hard hand.

Kashmir has been affected by tourism, which is the lifeline of the Kashmiri people. The government of India must provide financial assistance to the local people of Kashmir. In case of unemployment and poverty, the people of Kashmir will lose confidence in the democracy and turn back to militancy once again. If this were to be the case, the objective of repealing Article 370 will fall short in just a minute.

Maulana Abul Kalam Azad, a prominent freedom fighter and first Education Minister of Independent India, while standing on the stairs of Jama Masjid Delhi, addressed the Muslims planning to leave India for Pakistan at the time of partition and said, “Jo chala gaya usey bhool ja, Hind ko apni Jannat bana!  (Forget all those who had left/Treat India as your only trust.”). Muslims are very much Indian by birth and by choice; they have a double claim over the country. The question of their faith and love for this country will weaken the social fabric of this country.

Khan Obaida & Mohd Saem Ansari, currently in his 4^th year pursuing B.A.LL.B from Aligarh Muslim University

Disclaimer: The views expressed here are the author’s personal views, and do not necessarily represent the views of Sabrangindia.

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However, the arrest failed to pacify public outrage. By Wednesday night (April 30), around 9:30 PM, a group of men gathered near the market area where the accused had an office and began targeting businesses owned by members of the Muslim community. Videos later circulated on social media showed shops being vandalised, staffers slapped, and stones hurled at a nearby mosque. Several shops and eateries were damaged, and incidents of assault were reported. Though police intervened to de-escalate the situation, their response was widely seen as inadequate.

Right-wing outrage targets Muslim businesses in retaliatory fury

Fuelled by the accusation against the elderly Muslim man, Hindu nationalist organisations swiftly mobilised, broadening their focus from the individual to the entire Muslim community in Nainital. These groups, often operating under the banner of protecting Hindu interests, engaged in a campaign of collective punishment. Their actions extended beyond mere condemnation of the alleged crime, manifesting in direct attacks on Muslim-owned businesses and the physical assault of Muslim individuals.

Despite the prompt arrest of the accused and the completion of the minor’s medical examination – steps indicating the legal process was underway – these right-wing outfits continued their aggressive actions. Their demands often included handing over the accused to their custody, bypassing the judicial system entirely, and further inflamed the communal tensions by propagating a narrative of collective guilt and demanding discriminatory actions against the Muslim population of Nainital

Public reaction escalates into mob violence

The violence on Wednesday night appeared to be part of a broader, emotionally charged backlash. Despite assurances from law enforcement that the accused had been arrested and was facing severe charges, a large crowd moved through the central town area, launching coordinated attacks. Most of the affected establishments belonged to Muslims, heightening communal tensions. Shopkeepers and local residents described the scene as chaotic, with shutters broken, staff beaten, and customers fleeing. Among the worst affected was Monish Jalal, a restaurant owner in Gadi Padaw, who condemned the assault on his livelihood, saying, “We want justice for the girl, but what connection do we have with the accused?” reported the Times of India.

Others, like Bimla Devi, a senior resident running a family tea stall since the British era, described the damage to her stall as “complete destruction.” Both expressed dismay at the lack of timely police action and called for justice — both for the victim and for innocent business owners caught in the crossfire, as reported

Against the tide: Hindu woman stands up for Muslim community

In a striking display of moral courage amidst the rising communal frenzy, a Hindu woman emerged as an unexpected beacon of reason. As a rally of Hindu nationalist supporters marched through Nainital, their chants laced with anti-Muslim slogans in response to the alleged sexual assault, she bravely stepped forward to confront them. Her act was a powerful testament to shared humanity, as she challenged the very premise of their collective blame and the injustice of targeting the entire Muslim community for the alleged actions of one individual. Undeterred by the charged atmosphere and the potential for backlash, she directly rebuked the mob for their indiscriminate attacks on innocent Muslim shopkeepers, emphasising their lack of connection to the alleged crime.

Furthermore, she vocally condemned the abusive and derogatory language employed during the rally.

BJP leader threatened Muslim food vendors

In a video that quickly circulated on social media, BJP leader Vipin Pandey openly threatened to Muslim food vendors, insisting that their shop names must explicitly reflect their Muslim identity. Pandey warned that if the vendors failed to comply within a day, they would face physical assault. The remarks have drawn sharp criticism from various quarters, with many calling them inflammatory and divisive.

Civil society groups and political opponents have condemned the threat as a blatant attempt to stoke communal tensions and marginalise minority communities.

Meanwhile, local authorities have yet to take official action, prompting concerns over law enforcement’s response to hate speech and intimidation.

Political and community demands mount

The unrest prompted swift political and administrative responses. A group of residents submitted a memorandum to Kumaon Commissioner Deepak Rawat, making wide-ranging demands. These included a comprehensive verification of all “outsiders,” especially those belonging to the minority community working as tenants, daily wage earners, or small business owners. They also demanded the seizure of the accused’s property as a deterrent, an inquiry into property acquisitions by individuals from the minority community in commercial areas, and the establishment of a monitoring committee to oversee regional activity.

The memorandum also called for prioritising employment opportunities for local youth, and for Nainital to be declared a “sensitive cultural zone,” complete with special policy safeguards to preserve the town’s heritage and demography.

Administrative response: crackdown on encroachments and security measures

District Magistrate Vandana took immediate administrative action by appointing magistrates to sensitive locations, including the market and mosque premises. She instructed the Nainital District Development Authority to resume its anti-encroachment drive and ordered the completion of pending hearings on illegal constructions within 15 days. On Thursday, authorities carried out marking operations at multiple locations in the city, issuing 150 challans — 100 by the Municipal Council and 50 by the Development Authority — for unauthorised structures, encroachments on public infrastructure, and unapproved construction, according to the Indian Express.

Additionally, a notice was served to the accused, stating that his property was illegal and granting him three days to present his case before further legal action. Police presence was bolstered in sensitive zones, especially around religious sites, ahead of Friday prayers. The district also increased surveillance and verification of taxis, rental services, and roadside vendors to ensure tourist safety amid the turmoil.

Strikes, closures, and tourist disruption

According to reports, the violence and growing unrest had immediate consequences for daily life in Nainital. Schools remained shut on Thursday, and traders in the town centre observed a strike, partly enforced by local right-wing organisations. Amandeep Singh, general secretary of the Nainital Vyapar Mandal, said the strike symbolised collective anger at the crime, while also noting that food arrangements were made for stranded tourists. Police checkpoints were established along major roads, and tourists reported a curfew-like atmosphere, with most shops and restaurants closed.

“The tourism business has been severely affected,” said Nainital Hotel Association President Digvijay Singh Bisht, as Indian Express reported.

Local lawyers boycott case, demand inquiry into Nainital’s changing demographics

The case also resonated within the legal community. In a strong display of protest, district court lawyers unanimously decided to withdraw legal representation from the accused. Advocate Daya Joshi stated that the local bar had also requested an investigation into the recent influx of residents in Nainital. “No lawyer from our bar council will represent this man.”

Similarly, as the Indian Express reported that Protesters have demanded strict punishment for the accused, including the confiscation of their property. They also called for thorough verification drives targeting outsiders—particularly tenants and temporary workers from a specific community—and the identification and deportation of any foreign nationals residing illegally.

Muslim organisations submitted a memorandum to DGP

Simultaneously, Muslim organisations reacted strongly to the targeted violence. In a memorandum to DGP Deepam Seth in Dehradun, they condemned both the heinous crime against the minor and the subsequent attacks on innocent community members. “We too want justice for the girl,” said Naeem Qureshi, president of the Muslim Seva Sangathan. “But the collective punishment of unrelated individuals through violence and arson is unacceptable” as reported in the Times of India.

Uttarakhand High Court takes suo moto action

Taking cognizance of the volatile situation, the Uttarakhand High Court initiated suo moto proceedings. During the hearing, government counsel J.S. Virk informed the bench that heightened security measures were in place, including vehicle checks at key entry points into Nainital — Haldwani, Bhavali, and Kaladhungi. The court, comprising Justices Manoj Kumar Tiwari and Vivek Bharti Sharma, directed authorities to maintain strict law and order, prohibit large gatherings, and monitor social media to prevent misinformation and incitement.

As reported, the bench emphasised the importance of sustained patrolling to ensure that similar unrest does not spread or recur in other sensitive regions like Haldwani. It also called on citizens to cooperate with the administration to restore peace and communal harmony.

Related:

Uttarakhand High Court orders security, condemns hate speech over Uttarkashi Mosque

Stop using politics of hate to hide failure to protect women and their rights: Open Letter to Uttarakhand Govt

Religious hate finds a stage at Dehradun Press Club, event on “how to save women from jihadis” organised

The post Nainital on communal edge after 75-year-old Muslim man booked for alleged rape of minor girl appeared first on SabrangIndia.

In the days leading up to the demolition, approximately 900 individuals—predominantly Muslims—were reportedly detained under similar suspicions of illegal residency. As footage of the operation began circulating on social media, images showed bulldozers advancing into the locality, razing makeshift structures and shanties identified as unauthorized dwellings.

This drive marks the city’s most extensive anti-encroachment effort since 2009, drawing both sharp criticism from civil rights groups and vocal support from local officials who framed the action as a step toward restoring law and order on public land. However, concerns have been raised over the timing, targeting, and potential communal implications of the operation, particularly given the absence of clear legal proceedings in many of the reported detentions.

#BREAKING

AMC demolishes illegal settlements near Chandola Lake #Ahmedabad

Joint CP (Crime) Sharad Singhal says majority of residents were Bangladeshis

Action comes amid ongoing drive against illegal encroachments#chandolalake pic.twitter.com/VvZaq86gXh

— Nabila Jamal (@nabilajamal_) April 29, 2025

A persistent challenge around Chandola Lake

An Indian Express report provides context to the demolition drive, highlighting a long-standing pattern of encroachment in the Chandola Lake area. The last major clearance operation dates back to 2009, indicating that unauthorised construction and settlement have been an ongoing issue for over a decade. According to recent surveys conducted by the Ahmedabad Municipal Corporation (AMC), there has been a noticeable resurgence of informal settlements, especially around areas like Siyasatnagar and Bengali Vaas. Authorities allege these shanties were primarily inhabited by undocumented Bangladeshi immigrants—an assertion that now forms a cornerstone of the rationale for the demolition.

Indian Express reported that, “the last demolition drive at Chandola Lake was carried out in 2009. Recently, a survey conducted by the AMC revealed that government land had been encroached upon again, and shanties were constructed around the lake. Illegal Bangladeshi immigrants lived in areas like Siyasatnagar and Bengali Vaas surrounding this lake.”

However, the sudden escalation and timing of the drive—just days after the April 22 terrorist attack in Jammu & Kashmir’s Pahalgam—raise pointed questions. Is this a targeted security measure, or has the tragic event been used as a pretext to justify mass displacement without adequate legal safeguards?

Ministerial justification: called ongoing demolition as national security response

Gujarat’s State Home Minister and BJP MLA from Surat, Harsh Sanghavi, publicly endorsed the AMC’s operation. He presented it not merely as an alleged anti-encroachment effort but as a critical national security initiative. In a widely circulated statement on social media platform X, Sanghavi cited connections to terrorism, drug cartels, prostitution rackets, and forged document syndicates—all allegedly operating within the demolished settlements.

“Chandola Lake Ahmedabad!! The Government of Gujarat has taken historic steps to prevent anti-national activities by Bangladeshi nationals. Key Aspects of Demolition Drive: – Al-Qaeda Sleeper Cells: The location where 4 terrorists were detained by Gujarat ATS has been demolished. – Drug Cartels: Encroachments linked to numerous exposed drug cartels have been demolished. – Illegal Bangladeshi Residents: Encroachments of illegal Bangladeshi residents have been detained and demolished. – Prostitution Network: A major prostitution network operating from the area has been busted. – Forged Documents Nexus: A network creating false documents has been cracked down upon. Action Taken: – Over 2,000 policemen, 15 SRP companies, and municipal staff participated in the operation. – 74 JCBs, 200 trucks, and 20 electrician teams were deployed. – Approximately 2,000 hutments/encroachments, 3 illegal resorts, and parking units were razed. – The Chandola Lake area has been reclaimed” Singhvi wrote on X

Chandola Lake Ahmedabad!!

The Government of Gujarat has taken historic steps to prevent anti-national activities by Bangladeshi nationals.

Key Aspects of Demolition Drive:

– Al-Qaeda Sleeper Cells:The location where 4 terrorists were detained by Gujarat ATS has been… pic.twitter.com/GWGM1exWab

— Harsh Sanghavi (@sanghaviharsh) April 29, 2025

Arrest and investigation of Lala Mehmood Pathan

As per reports, the demolition campaign began with a focus on a farmhouse allegedly owned by Lala Mehmood Pathan, also known as Lallu Bihari. Authorities accuse him of facilitating illegal settlements by forging rental agreements and producing fraudulent identity documents, including Aadhaar cards. An FIR has been filed against Pathan, and police claim to have uncovered over 590 forged passports allegedly linked to undocumented migrants, as Times of India reported

While these allegations are serious and merit investigation, the broad demolition campaign that followed appears to conflate individual criminal activity with the legitimacy of an entire community’s residency. Moreover, the official narrative linking these findings to national security threats has yet to be backed by court convictions or an independent probe.

Gujarat High Court denies interim relief, cites illegality of construction

On April 29, as the demolition drive intensified, the Gujarat High Court refused to grant interim relief to the residents challenging their eviction.

Justice Mauna Bhatt refused to stay the demolition drive after observing the dwellings of the petitioners were on the periphery of the water body and as per section 37 of the Land Revenue Code, such structures can be razed by the government, petitioners’ lawyer Anand Yagnik said, reported the Indian express.

The court observed that since the petitioners are “illegal encroachers,” relief from demolition cannot be granted to them. The court further added that the petitioners had constructed their homes on notified lake land without obtaining the required permissions. As a result, the case fell outside the scope of the recent Supreme Court judgment in Rajendra Kumar Barjatya and Another vs. UP Avas Evam Vikas Parishad & Ors. (SLP/36440/2024) dated December 17, 2024, which mandates prior notice before eviction in cases where occupants have established long-standing residence. Citing this precedent, the High Court reiterated that prolonged unauthorised occupation does not create legal entitlements for encroachers.

Accordingly, the court ruled that no interim protection against eviction or demolition could be provided. However, at the request of the petitioners’ advocate, the case has been kept pending to allow for the filing of a rejoinder. The matter is now scheduled to be heard after the court’s vacation, leaving room for further legal arguments.

State’s argument: national security as override to due process

During the hearing, the Gujarat government argued that the demolition drive was not a routine civic action but a necessary response to “specific inputs” following the Pahalgam attack. The state claimed that the presence of suspected illegal immigrants in a sensitive area warranted urgent intervention, even if it meant suspending the usual procedural norms associated with eviction and demolition.

The High Court appeared to accept this argument, allowing the operation to proceed. However, this legal positioning—where “national security” overrides principles of natural justice—has sparked significant debate. Legal scholars and rights advocates warn that such reasoning risks setting a dangerous precedent, where vague or unverified threats can be used to sidestep constitutional protections.

Petitioner advocate’s critique: questioning identification and due process

Following the court’s order, petitioners’ advocate Anand Yagnik addressed the media, raising serious concerns about procedural violations and wrongful detentions. Advocate Anand Yagnik, in his statement to the media regarding the demolition drive near Chandola Lake, conveyed the High Court’s stance. He stated, “The High Court of Gujarat, while dealing with petition of 18 citizens, majority of them are women, have refused to grant interim relief against demolition on the ground that these petitioners are apparently on the water body. Therefore, the judgment against demolition passed by the Supreme Court will not apply to them. They do not have any permission to put up construction on government land, which is otherwise a water body. Therefore, the court is not inclined to grant any interim protection against the demolition and permission to the petitioner to stay near the lake” as ANI reported

#WATCH | Ahmedabad, Gujarat | On the demolition drive near Chandola lake, Advocate Anand Yagnik says, “The High Court of Gujarat, while dealing with petition of 18 citizens, majority of them are women, have refused to grant interim relief against demolition on the ground that… pic.twitter.com/gsNrjbPKLA

— ANI (@ANI) April 29, 2025

He also acknowledged the court’s interpretation of construction on lake land but emphasised that even if undocumented migrants were present, repatriation must be handled through the legally mandated process—via the Foreigners’ Tribunal.

Yagnik said that, “There may be Bangladeshi nationals among the residents of the (Chandola Lake) area, one does not deny that. But, these immigrants should be sent back as per the process of law, with orders of the Foreigners’ Tribunal with dignity and respect… But by the way, in the last four days, the state government of Gujarat has picked up 1,200-1,500 people by tagging them as Bangladeshis, and also released 90% of them as they were found to be Indian nationals and not Bangladeshis… Now, in a demolition drive the authorities are also bulldozing the homes of those, who have not been found to be Bangladeshi nationals” as the Indian Express reported.

Yagnik revealed a deeply troubling detail that of the estimated 1,200 to 1,500 people detained by the Gujarat police in the days leading up to the demolition, nearly 90% were subsequently released after being identified as Indian citizens. If accurate, this implies a staggering failure in the initial identification process—suggesting that hundreds of individuals may have been arbitrarily arrested, detained, and had their homes demolished under erroneous assumptions of foreign origin.

“Sensitive Input” trumps natural justice in urgent hearing

In its affidavit to the High Court, the Gujarat government maintained that the principles of natural justice should not obstruct actions taken to protect national security in the Chandola Lake area. During an urgent hearing convened on Tuesday afternoon for the petition filed by approximately 23 residents of Siasat Nagar, the High Court ultimately sided with the state. The court accepted the argument that the demolition was not a “regular drive against encroachment” but a targeted operation driven by “specific input” concerning illegal immigrants, thus denying the residents any interim relief.

Related:

Supreme Court halts nationwide demolitions through interim order, emphasising the ethos of the Constitution

Supreme Court rebukes “Bulldozer Justice,” plans to issue nationwide guidelines to prevent arbitrary demolitions

Supreme Court to hear urgent pleas against state-sanctioned bulldozer demolitions in Madhya Pradesh and Rajasthan

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Ram  and  Hanuman  in  Bengali  popular  psyche

To  come  down  to  brass  tacks,  Ram  and  Hanuman  had  always  been  butts  of  ridicule  in  Bengali  popular  sayings.  To  quote  one  –  “Kala  khelo  jato  bandor,  rajya  pelo  Ramchandar”  (Ram  acquired  the  throne  due  to  the  banana-chewing  monkeys) .   The  followers  of  Ram  are  looked  down  upon  as  exploiters  and  humbugs,  as  the  following  saying  indicates:  “ Ram  nam  mukhey,  chhuri  rekhey bukey”  (They  swear  by  the  name  of  Ram,  while  threatening  us  with  a  dagger  at  our  chests).  (Re:  Sushil  Kumar  Dey:  Bangla  Prabad).

In   Bengali  colloquial  slang,  the  name  Ram  is  often  used  in  a  derisive  and  derogatory  sense   –  like  the  term   Ram-chhagal  (a  goat  named  Ram)  to  describe  a  fat  goat.  It  is  also  used  as  a  suffix  in  terms  like  Boka-Ram  (a  foolish  Ram)  to  dismiss  someone  as  an  idiot.   The  trend  of  demystification  of  Ram  in  Bengal  reached  its  height  when  the  Bengali  poet  Madhusudan  Dutta  in  the  mid-nineteenth  century  composed  the  iconoclastic  epic  poem  Meghnad Badh  Kavya,  where  he  paid  homage  to  Ravana’s  son  Meghnad  (known  also  as  Indrajit)  who  more  than  once  defeated  Ram  and  Lakshman  in  the  battlefield  as  described  in  Valmiki’s  Ramayana.  In  his  poem,  Madhusudan  denounced  Lakshman  for  resorting  to  the  devious  mode  of  killing  Meghnad  by  sneaking  into  Nikumbhila,  the  prayer  hall  where  Meghnad  was  engaged  in  praying.  Taking  advantage  of  his  unarmed  state,  Lakshman  murdered  him.  Explaining  his  decision  to  valorize  Meghnad,  Madhusudan  in  a  letter  to  his  friend  Rajnarayan  Basu  wrote:  “I  despise  Ram  and  his  rabble,  but  the  idea  of  Ravana  elevates  and  kindles  my  imagination;  he  was  a  grand  fellow.”  (January  25,  1824).

Despite  this  tradition,   this  year,   a  Bengali  BJP  leader  managed  to  organize  a  Ram  Navami  procession  in  Kolkata  by  recruiting  the  local  unemployed  youth  –  promising  them  jobs  if  they  bring  BJP  to  power.  He  allured  them  by  repeating  Modi’s  slogan  of  `double-engine’,   meaning                 the  engine  in  the  states  can  only  function  if  they  are  aligned  to  the  central  engine  in  Delhi  run  by  the  BJP.

Homogenizing  the  diverse  Hindu  people  under  the  hegemony  of   Ram 

The  centralizing  authoritarian  Modi  government,  which  is  running  into  conflict  with  Opposition  ruled  states,  and  threatening  the  spirit  of  federalism  that  is  embedded  in  our  Constitution,  is  trying  to  justify  its  misdeeds  by  invoking  the  name  of  Ram,  playing  on  the  religious  sentiments  of  the  majority  Hindu  population.  After  attempting  to  impose  Hindi  as  a  national  language  all over  India  and  crush  linguistic  diversities,  the  Modi  government  is  now  trying  to  project  the  Hindu  god  Ram  as  a  national  icon  in  the  name  of  unifying  all  Indians  under  the  umbrella  of  nationalism.  Anyone  refusing  to  worship  Ram  and  join  Ram  Navami  processions  will  be  hauled  up  for  blasphemy.

Yet,  in  the  southern  states,  people  treat  Ram  and  Sita  and  worship  them  in  different  ways  that  are  in  stark  contrast  with  the  practices  followed  in  the  Hindu-Hindi  heartland.  The  Ramayana  that  the  Tamilians  read is  the  version  by  Kampan,   the  12^th  century  author  of  Iramavataram,  which  in  certain  sections  vastly  differ  from  Valmiki’s narrative, and puts  Sita  on  a  higher  pedestal.   Similarly,  Telegu-speaking  women  in  Andhra  Pradesh  and  Telangana  have  invented  a  Ramayana  of  their  own  by  composing  and  singing  songs  that  domesticate  the  travails  of  Sita  in  terms  of  their  own  diurnal  experiences.  In  Kerala,  the  Rama  story  is  visualized  through  puppet  plays,  which  reduce  the  size  of  the  monumental  epic  characters  to  that  of  dolls  to  be  manipulated  by  the  puppeteers  from  behind  the  scenes.  (Re:  Many  Ramayanas.  The  Diversity  of a  Narrative  Tradition in  South  Asia.  Ed. Paula  Richman.  OUP.  New  Delhi.  1992)

Given  these  diverse  interpretations  of  Ramayana, and  the  different  understanding  of  Ram  and  Sita   in  popular  perception,  varying  from  one  region  to  another,  the  Modi  government’s  attempt  to  impose  Ram  as  a  hegemonizing  icon  on  all  Hindus  cannot  work.  Further,  his  determination  to    elevate  Ram  as  a  Hindi-speaking  god  is  alienating  the  Hindus  of  the  southern  states.  Their  chief  ministers  are  protesting  against  the  infliction  of   Hindi  on  their  official  correspondence.

Positioning  Ram  and  Hanuman  against  Muslims,  depicted  as  present  followers  of  Ravana.

The  state-sponsored  elevation  of  Ram  through  ceremonies  like  Ram  Navami  are  aimed  at  unifying  these  diverse  and  often  mutually  conflicting  sections  of  the  Hindu  population.  But  such  ceremonies  are  also  becoming  tools  in  the  hands  of  the  Hindu  fanatical  outfits  like  Vishva  Hindu  Parishad  and  Bajrang Dal  who  deliberately  organize  demonstrations in  front  of  mosques,  shouting  slogans   insulting  the   Muslim worshippers  there.  Shops  run  by  Muslims  are  being  forcibly  closed down  by  the  goons  of  these  outfits  during  Hindu  religious  festivals.  Muslim  pedestrians  are  being  harassed  by  these  goons  who  force  them  to  shout  `Jai  Shri  Ram.’

Defending  the  weaponization  of  Ram  Navami  by  the  Sangh  Parivar,  a  BJP  leader  from  West  Bengal, Dilip  Ghosh  while  recently  addressing  a public  rally  in  the  North  24-Parganas  district  there  proudly  claimed:  “Ten  years  ago,  people  didn’t  know  what  Ram  Navami  processions  were.  Today,  such  processions  are  being  held  in  every  locality  because  Hindus  have  realized  they  need  to  unite.”  He  then  advised  Hindus  to  keep weapons  at  home  for  self- protection.  (Re:  Times  of  India.  April  18,  2025).   By  admitting  that  ten  years  ago  Bengalis  didn’t  know  what  Ram  Navami  processions  were,  he  acknowledges  that  it  is  a  newly  imported  festival  under  the  auspices  of  the  BJP.  Not  satisfied  with  imposing  Ram  Navami  as  a  national  ceremony  on  all  the  diverse  sections  of  our   people,  the  Sangh  Parivar  is  now  demanding  that  privilege  for  Ram’s  army  general,  the  monkey-god  Hanuman.  Hanuman  Jayanti  was  celebrated  on  a  massive  scale  this  year  in  BJP-ruled  states,  where  the  governments  spent  money  from  their  exchequer  to  subsidize  these  celebrations.  It  is  necessary  to  remind  our  people  that  this  money  is  being  diverted  from   the    taxes  that  they  pay  which are  accumulated  in  the  exchequer.  Do  all  the  tax-payers,  coming  from  different  religious  denominations,   want  their  taxes  to  subsidize  the  religious  ceremonies  of  a  single  community,  the  majoritarian  Hindus  ?

Agitation  against  the  Waqf (Amendment)  Act  –  considered  as  Na-pak  by  Muslims

The  enactment  of  the  Waqf  (Amendment)  Act  has  become  the  proverbial  last  straw  on  the  camel’s  back.  The  Muslim  community  could  not  bear  it  any  more  and  they  have  come  out  in  the  legislature  as  well  as  in the  streets  to  voice  their  protest.  The  Act  is  a  controversial  piece  of  legislation.  Some Muslim  organizations  have  expressed  apprehensions  that  it  would  curb  the    Waqf  board’s  power  to  distribute  charity, and  its  control  over  its  properties.   Some  other  Muslim  groups  have  reserved  their  opinions.

The  opposition  to  the  Act  took  a  violent  communal  shape  in  the  Murshidabad  district  of  the  Trinamul-ruled  state  of  West  Bengal.  Islamist  fanatical  groups  (Muslim  counterparts  of  the  Hindu  fanatical  Bajrang  Dal  and  Vishwa  Hindu  Parishad)  attacked  Hindu  homes  and  killed  a  father  and  son  duo.  They  alleged  that  stones  were  thrown  on  their  anti-Waqft  demonstration  by  this  Hindu  family.  A   Muslim  man  has  been  accused  and arrested  in  this  connection.  At  around  the  same  time,  a  Muslim  youth  was  killed  by  police  bullets.  There  are  unconfirmed  reports  that  Islamic  terrorists  from  Bangladesh  have  infiltrated  into  Bengal  after  the  present  Yunus-led  caretaker  government  (which  is  anti-India  and  has  lifted  ban  on  Islamic  fundamentalist  organizations  and  allowed  them  to  cross  over  to  Bengal  to  create  unrest). Yet,  if  we  go  back  to  the  past  in  Bengal,  there  had  always  been  a  general  public  recognition  and  grateful  acknowledgment  by  Hindus  also,  of  Muslim  owners  transferring  their  lands  and  properties  to  the  Waqf  board  for  charitable  purposes.   We  come  across  an  old  Bengali  document  signed  by  one  Habibullah  Bahar       who “Waqf  koriya  Islamer  sebaye  bilaya  diyachhilen”  (donated  his  property  in  the  name  of  Waqf).  (Re:  Byaboharik  Bangla  Abhidhan.  Bangla  Academy.  Dhaka.  1992)

The post Ram and Hanuman Vs Ravana of anti-waqf (amendment act) agitation appeared first on SabrangIndia.

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.”

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

— Shehzad Jai Hind (Modi Ka Parivar) (@Shehzad_Ind) April 23, 2025

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”

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 pic.twitter.com/E6CylqrTlj

— Voice of Hindus (@Warlock_Shubh) April 24, 2025

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.

In #MadhyaPradesh‘s #Indore, a doctor refused to treat a #Muslim patient in response to the #PahalgamTerrorAttack.

Dr. Neha Arora Verma shared a screenshot of her message in which she declined to consult a Muslim woman, stating, “I’m sorry, we are no longer taking any patients… pic.twitter.com/H9i2twYiE7

— Hate Detector (@HateDetectors) April 28, 2025

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.”

हर उस चीज का वहिष्कार करो जिसमें से एक रुपए भी आतंकियों को जाता हो या जाने की संभावना हो
चाहे फिल्म हो
पर्यटन हो
होटल व्यवसाय हो
रेहड़ी पटरी हो
दुकान हो
बिल्डिंग मैटर हो
।
कुछ भी हो #BoycottDotandKey #छलनी_हिंदू_आत्मा#PahalgamTerroristAttack pic.twitter.com/i3HlSaGzNG

— सनातन हिंदू एकता विचार मंच (@SanatnEktaMunch) April 24, 2025

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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The post Echoes of Hate: Online anti-Muslim hate spreads against Muslim businesses and workers after Pahalgam attack appeared first on SabrangIndia.

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?’

The post Waqf Amendment Act 2025: An erosion of rights under the garb of reform appeared first on SabrangIndia.

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

The post Amid Waqf Debate, Should Hindu Endowment Boards be Held Responsible for the Sorry Plight of Dalits? appeared first on SabrangIndia.