This is not all. The violence in the name of ‘cow slaughter’ by vigilantes, ‘love jihad’ killings targeting inter-faith relationships and marriages have added to the fire of anti-minority hatred. The enactment of the Citizenship Amendment Act, 2019 (CAA2019) has added to the woes of the Muslim community. Finally, the attacks on scattered prayer meetings of Christians on the pretext that these meetings are meant for conversions has kept up anti minority hate  and is getting intensified during the last few decades.

There is a gross violation of the rights of minorities and violation of the ‘Freedom of Religion’ in various forms. ‘Freedom of Religion’ acts have been implemented recklessly in various states. These laws as such are a big hurdle for the practice of one’s religion. This suppression of practice of religion added on with the hate against minorities has led to the total intimidation of religious minorities. We also witnessed the hateful rhetoric used during the 2024 national elections, the ongoing demolition of Muslim homes and the government’s renewed push to implement the Citizenship Amendment Act 2019 (CAA 2019)—a law that, especially when coupled with the National Register of Citizens (NRC), risks rendering millions of Muslims stateless and without legal protection.

This image of India being created by the acts by the BJP Government and Hindutva politics has had an adverse effect on India’s international image and standing. Attempts are on to mask up this image which reflects India’s falling position on various indices’ related to freedom and democracy. How does the Government and ruling ideological outfit of RSS deal with this reality? To begin with, India at official level does not recognise any of the agencies monitoring rankings related to human rights in particular. The government states that this is interference in the ‘internal matters’ of our country. The same Government shouts itself hoarse when the atrocities on Hindus take place in neighbouring countries. To raise concern about these atrocities is valid but the Government displays double standards on this.

To add up to the strategy of undermining the deteriorating condition of Indian minorities, now Mr. Ram Madhav, leader of RSS-BJP, in an article argues that this way of looking at violation of religious freedom is through a ‘Eurocentric lens’. In an endorsing way he presents the report of a US based think tank, “Changing the conversation about religious freedom: An integral human development approach”. As per this report “a crucial component of overall human flourishing and sustainable development has to be based on Integral Humanism”. He comments that religious freedom should not just be treated as relating to Human Rights. (I.E. June 14). This is a clever ploy to undermine the freedom of religion in the country.

As per Madhav invading Mughal armies ‘persecuted Hindus’. He puts the blame of Partition exclusively on Muslim League. In contrast to Madhav’s understanding the leader of India’s freedom movement, Gandhi saw diverse religions rooted in India and thriving with harmony. On similar lines Nehru saw our civilisation as a syncretic one. He writes “She (Bharat Mata) was like some ancient palimpsest on which layer upon layer of thought and reverie had been inscribed, and yet no succeeding layer had completely hidden or erased what had been written previously.”  

Madhav tells us about the concept of ‘Integral Humanism’ which was first propounded by Jacques Maritain in 1936. He was a Catholic Christian and has been appreciated by the highest priests of the Church. As per Madhav his concept of Integral Humanism argued to rise above religions to secure not only the material but ethical, moral and spiritual well-being of individuals. Articulating this in the context of Catholic Christianity, it might have aimed to oppose those who were trying to opt for non-Catholic sects of Christianity. He also argued for “The freedom which Christian democracy seeks to promote…”

In India this phrase was presented by BJP leader Deendayal Upadhaya, who also had an RSS background. He was part of a political outfit which is working for Hindu Nation. This ideology regards that India was enslaved by Muslim kings and then the British. This political ideology attributes many ills of Hindu society to atrocities of Muslim king in particular. The fact is that many of the ills regarding caste-Varna and gender hierarchy are mentioned in the earlier tomes regarded holy by Hindus. They are also unmindful of the fact that the administration of Muslim kings was full of upper caste Hindus at various levels.

In the four major lectures given by Upadhyay 1965 the ideology of ‘Integral Humanism’ was presented. This ideology argues against the federal structure of India and calls for ‘Dharma Raj’. As per him the Dharma is above parliament. It does argue for the predetermined role of Individual, i.e. subtly upholding caste-Varna system. It stands for status quo in society. Maritain advocated ‘Christian democracy’ while Upadhyay is part of the agenda of ‘Hindu Nation’. BJP has adopted ‘Integral Humanism’ as its ruling ideology.

The results of the Integral Humanism, which claims to be above religions, in practice adopts the values of Brahminical Hinduism and is raking up issues of temples (demolition of mosques), holy Cow (Lynching) Love Jihad and conversions as the core part of its agenda.

Integral Humanism is being put forward to undermine the values of Indian Constitution, rights of minorities, low caste and women in the present times. It may be a more sophisticated name for the agenda of Hindu Rashtra, something totally in opposition to the Indian Constitution.  

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The post Undermining religious freedom: Proffering ‘integral humanism’ as a right wing defence appeared first on SabrangIndia.

This move by the temple authorities came directly on the heels of intense pressure and vocal demands from pro-right-wing organisations and even a local NCP MLA, all demanding for the removal of non-Hindu workers from the temple’s operations. A protest rally led by Ahmednagar (Ahilyanagar) NCP MLA Sangram Jagtap was also organised on June 14, 2025.

शनीशिंगणापूरमध्ये हिंदू समाजाच्या श्रद्धेचा घोर अपमान झाला.
११८ जिहादी मानसिकतेच्या लोकांना शुद्ध मंदिरात नोकऱ्या देण्याचा निर्णय हा हिंदू धर्म, परंपरा व श्रद्धेवर थेट घाला होता.
मी या निर्णयाविरोधात शनी भूमीत ठाम भूमिका घेतली. pic.twitter.com/et07OLYUUs

— MLA Sangram Jagtap (@sangrambhaiya) June 15, 2025

Following pressure from right-wing outfits, the Shani Shingnapur Temple Trust held internal meetings on June 8 and 14. Soon after these closed-door deliberations, the Trust issued dismissal orders for 167 workers, marking a significant and controversial move, as per a report in Maktoob Media.

While the temple management has vehemently denied any allegations of religious discrimination or bias, asserting that the decision was based purely on absenteeism and subpar work performance, the timing of these dismissals has raised significant concerns.

Occurring just days after the public outcries from Hindutva groups, the sequence of events has led many observers to question the true underlying motives behind the Trust’s actions. The stark contrast between the village’s open-door philosophy and the sudden closure of opportunities for Muslim workers at the temple presents a complex and troubling narrative.

Viral video showing Muslim workers doing work near the temple ignites controversy and demands for exclusion

The seeds of this controversy were sown in May, when a video clip rapidly gained traction across social media platforms. This footage depicted Muslim individuals engaged in painting and maintenance activities in the vicinity of the revered Shani Shingnapur temple. Almost immediately, the video became a flashpoint, drawing sharp criticism and objections from an array of right-wing organisations and leaders.

Their core demand was unequivocal–non-Hindus, they insisted, should be barred from working within the ‘sacred precincts of the shrine’. This chorus of demands quickly intensified, building considerable pressure on the temple administration.

११८ जिहाद्यांना शनी मंदिरात ठेवण्याचा प्रकार हिंदू धर्माचा अपमान आहे!
शुद्ध हिंदू मंदिरात अशुद्ध विचारांचा शिरकाव सहन केला जाणार नाही.
१४ जून २०२५, शनिवार | संध्याकाळी ४ वाजता
शनी शिंगणापूरमध्ये भव्य मोर्चा!

हजारो हिंदू बांधव उपस्थित राहणार आहेत – तुम्हीही या! pic.twitter.com/NUnVERBfhb

— MLA Sangram Jagtap (@sangrambhaiya) June 13, 2025

Notably, these terminations occurred without any prior public hearing or a formal, impartial investigation into the allegations or the workers’ performance. This abrupt action, coming on the heels of the viral video and the escalating demands, further fuelled the contentious narrative surrounding the temple’s employment practices.

Right-wing outfits earlier demanded the removal of the Muslim workers

The pro-right-wing organisations, including the Hindu Janajagruti Samiti (HJS) and Sakal Hindu Samaj (SHS), led the campaign demanding the removal of Muslim workers from the Shani Shingnapur temple. These groups vehemently demanded the immediate removal of Muslim workers, expressing concerns about the sanctity of the temple and what they perceived as a disregard for Hindu sentiments.

Just a day before the dismissals, the HJS publicly called for immediate action. Through their official social media handle on X (formerly Twitter), the HJS stated, “Shocking! 114 Muslim workers deployed inside the sacred Shani Shingnapur temple; grill installed on holy platform, hurting Hindu sentiments. Demand for their immediate removal & strict action on officials who allowed this — @SG_HJS, Hindu Janajagruti Samiti. Govt urged to adopt Tirupati-like Hindu-only staff policy!”

Shocking ! 114 Muslim workers deployed inside the sacred Shani Shingnapur temple; grill installed on holy platform, hurting Hindu sentiments.

Demand for their immediate removal & strict action on officials who allowed this — @SG_HJS, Hindu Janajagruti Samiti.

Govt urged… pic.twitter.com/ig7FboLYRC

— HinduJagrutiOrg (@HinduJagrutiOrg) June 13, 2025

Similarly, the Sakal Hindu Samaj, an allied pro-right-wing outfit of the HJS, also voiced its concerns days before the removal decision. The outfit, through a social media post on X, directly appealed to the Maharashtra Chief Minister Devendra Fadnavis for immediate intervention, questioning the very sanctity of the temple with the presence of Muslim workers. Their post on X read:

“Shani Mandir Trust at Shani Shingnapur in #Ahilyanagar has given jobs to 118 Muslims. These heretics do not believe in #Hindu gods, how will they maintain the sanctity of this temple? Are we waiting for another #Tirupati laddu fiasco to happen or readying ourselves for opening of Mecca and Medina for non Muslims ? Especially since this temple comes under the control of the #Maharashtra government Request to @Dev_Fadnavis to take immediate action on this and maintain the sanctity of the temple.”

Shani Mandir Trust at Shani Shingnapur in #Ahilyanagar has given jobs to 118 Muslims.

These heretics do not believe in #Hindu gods, how will they maintain the sanctity of this temple?
Are we waiting for another #Tirupati laddu fiasco to happen or readying ourselves for opening… pic.twitter.com/BI8693rD6K

— Sakal Hindu Samaj (@sakal_hindu_) June 8, 2025

Right-wing outfits hail dismissals, call for similar review and action at other temples

Following the temple trust’s decision, right-wing outfits Sakal Hindu Samaj and Acharya Tushar Bhosale, chief of the BJP Spiritual Coordination Front, celebrated the move. Bhosale explicitly stated the dismissals were a direct result of pressure from a “grand march” organised by “the entire Hindu society” in protest of Muslim employees. He hailed it as a “victory of the unity of the entire Hindu society,” indicating a clear intent to influence temple employment practices based on religious identity.

Bhosale said that, “In protest of the appointment of Muslim employees at the Shani Shingnapur temple, all of us, under the leadership of the entire Hindu society, organized a grand march yesterday. But under the pressure of this march, the temple administration has announced that they are removing the Muslim employees from their jobs. I congratulate all the Shani devotees of the country and the entire Hindu society, because this is a victory of the unity of the entire Hindu society”

Nashik, Maharashtra: Out of the 167 employees removed from the Shani Shingnapur temple, 114 were from the Muslim community

BJP Spiritual Coordination Front chief Acharya Tushar Bhosale says, “In protest of the appointment of Muslim employees at the Shani Shingnapur temple, all… pic.twitter.com/yvAutINbp7

— IANS (@ians_india) June 13, 2025

Similarly, the Sakal Hindu Samaj commended the temple’s action. They framed the dismissals as a response to “anger in the Hindu community” over Muslim employees allegedly installing grills on a sacred platform.

#Shani_Shingnapur Temple removes 114 Muslim employees following public outrage over breach of sanctity.
Hindu Janajagruti Samiti welcomes the decision & urges similar reviews in other temples to ensure staff uphold #Hindu traditions. pic.twitter.com/fOxOkfP7IP

— HinduJagrutiOrg (@HinduJagrutiOrg) June 14, 2025

Beyond endorsing the Shingnapur decision, the Sakal Hindu Samaj, along with organisations like Hindu Janajagruti Samiti and Maharashtra Mandir Mahasangh, has now publicly demanded investigations into the appointments of “people of other religions” in other government-managed temples, urging their “immediate” removal.

शनि शिंगणापुर मंदिर से 114 मुस्लिम कर्मियों की छुट्टी, ‘बिंदास बोल’ की हुंकार और सकल हिंदू समाज के आंदोलन की जीत#shanishingnapur #Maharashtra #bindasbol #SanatanDharma @SureshChavhankehttps://t.co/C93edBHdDi pic.twitter.com/6xiQ965lI4

— Sudarshan News (@SudarshanNewsTV) June 14, 2025

Temple body denies religious bias, cites performance issues amid discrimination allegations

Amid mounting allegations of religious discrimination, temple officials at Shani Shingnapur have firmly denied that faith played any role in the mass dismissal of workers. They claim the decision was based purely on operational efficiency, pointing out that only around 900 of the 2,400 contracted workers were regularly reporting for duty, while the rest were allegedly underperforming or frequently absent.

However, the move has sparked controversy, as the majority of those dismissed were low-wage Muslim labourers engaged in essential but menial tasks—such as sweeping, tending to the cowshed, agricultural work, and performing routine administrative duties. Many of these workers were hired without formal employment contracts, leaving them vulnerable and without legal safeguards.

Critics argue that the lack of documented performance reviews and transparent processes raises serious questions about the fairness and intent behind the dismissals, especially in light of the preceding pressure from right-wing groups demanding the removal of Muslim staff.

114 Muslim employees dismissed from Shani Shingnapur temple, along with few others on grounds of indiscipline and irregularities. pic.twitter.com/zkCbqtKMeg

— Megh Updates (@MeghUpdates) June 13, 2025

Controversy not new to Shingnapur

Religious discrimination is not a first-time controversy for the Shingnapur. In September 2024, Shingnapur Gram Panchayat passed a controversial resolution barring the registration of new Muslim voters, specifically targeting “recently arrived” individuals. Justified under claims of preventing “illegal Bangladeshi immigrants,” the move demanded the removal of existing Muslim names from electoral rolls. Civil rights groups condemned it as unconstitutional and sought legal action against the panchayat. Following widespread backlash, Sarpanch Rasika Patil issued a public apology, stating the resolution was misrepresented and no such action would be taken.

The gram panchayat of #Shingnapur village in #Maharashtra‘s #Kolhapur district passed a resolution on 5 September barring the registration of new #Muslim voters in electoral rolls. The panchayat’s decision, which specifically targets #Muslims ‘recently arrived’ in the village,… pic.twitter.com/EA2oinwi2A

— Hate Detector (@HateDetectors) September 16, 2024

This incident followed an earlier resolution in August 2023, where the panchayat prohibited the allotment of village land for religious events—another decision widely criticised for targeting minority communities. Together, these actions suggest a troubling pattern of exclusion under the guise of administrative control.

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The post Right-wing outfits and NCP MLA’s protest led to dismissal of 114 Muslim workers at Shani Shingnapur temple in Maharashtra appeared first on SabrangIndia.

The Division Bench of Justices M.S. Karnik and N.R. Borkar passed the stay order in a batch of petitions filed by several minority educational institutions, including prominent South Mumbai colleges like St. Xavier’s, Jai Hind, KC, and HR College, as well as institutions from Solapur. The Maharashtra Association of Minority Educational Institutions (MAMEI) also joined the petitioners in challenging the State’s move. The petitions contested a clause introduced through a Government Resolution (GR) dated May 6, 2025, issued by the School Education Department.

Clause 11 of the May 6 GR lies at the heart of the controversy. It permits unfilled seats under the minority quota to be surrendered for allotment through the centralised admission process, making them subject to applicable social and parallel reservations. The State government contended that this mechanism was devised to ensure optimal utilisation of seats and claimed it was introduced in response to requests made by the institutions themselves.

Historically, minority colleges in Maharashtra have followed a well-established formula: 50% of seats reserved for the respective minority community, 5% for the management quota, and the remaining 45% kept open and unreserved. However, for the academic year 2025–26, the centralized FYJC admission portal began reflecting the application of SC/ST/OBC reservations on this 45% open category, prompting the current legal challenge.

Arguments for the petitioner: Senior Advocate Milind Sathe, appearing for the petitioners, argued that the GR violates constitutional protections granted to minority institutions under Articles 15(5) and 30 of the Constitution. Article 15(5) specifically carves out an exception for minority educational institutions from the scope of affirmative action policies, including caste-based reservations, while Article 30 protects their right to establish and administer institutions without State interference. Sathe emphasised that even unfilled minority quota seats must revert to open category admissions, and not be diverted to socially reserved categories.

Arguments for the defence: The Government Pleader Neha Bhide submitted that the clause did not infringe on the autonomy or rights of minority institutions. She argued that once minority seats were voluntarily surrendered to the centralized pool, applying social reservations to those seats was a legitimate policy tool aimed at promoting social equity. “Social reservation is the obligation of the State,” she contended.

Order of the court: the Court found substance in the petitioners’ arguments and held that an earlier judgment of the Bombay High Court—which had quashed a similar attempt by Mumbai University to enforce social reservations in minority institutions—was directly applicable in this case. The Bench observed, as per the report in BarandBench “Prima facie, we find that there is substance in the submissions advanced by the petitioners for the grant of interim relief.”

Consequently, the Court directed that, for the purpose of FYJC admissions, the mandate of SC/ST/OBC reservation shall not be enforced in any seats of minority educational institutions. The State government has been directed to file its reply within four weeks. The matter is slated for the next hearing on August 6, 2025.

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The post Bombay High Court stays SC/ST/OBC reservations in minority-run junior colleges for FYJC admissions appeared first on SabrangIndia.

Today, June 5, 2025, nine years later, Delhi’s Rouse Avenue Court is likely to decide whether it will accept the closure report –in fact put an end to the criminal investigation—or order further investigation.

The crime had sparked massive outrage and protests outside the JNU Vice-Chancellor’s office in 2016; various student wings blamed the V-C for allegedly not acting decisively in the matter. In the years since, Najeeb’s mother, Fatima Nafees, has made fervent appeals to find her son.

The Delhi Police had initially filed an FIR under Section 365 of the Indian Penal Code (kidnapping or abducting with intent secretly and wrongfully to confine person) and had also announced a reward of Rs 50,000 for any information on the student. Along with this, they had identified nine people as suspects. Reportedly, on December 19 and 20 2016, the police had also launched a massive search operation on campus of the Jawaharlal Nehru University.

Fatima Nafees, the dynamic and heartbroken mother of Najeeb had launched a campaign, nationwide to demand justice for her missing son and family. As reported in the media and on SabrangIndia, Najeeb Ahmed, had disappeared mysteriously from his university hostel in October 2016 and was never seen or heard from again. Najeeb was a pursuing a Master’s Degree in Biotechnology from New Delhi’s prestigious Jawaharlal Nehru University. He was an enthusiastic student. Student accounts said that, one evening he ended up in a brawl with members of a student union affiliated with a prominent political party with an extreme right wing ideology. The very next day he went missing.

At the time, in November 2016, Najeeb’s mother had moved court, which later directed the Central Bureau of Investigation (CBI) to take over the case. Najeeb’s friends suspected foul play and Fatima started demanding an explanation about what happened to her son. But nobody seemed to have any answers. The police couldn’t explain what happened. It was almost as if he vanished into thin air! Fatima Nafees first approached the Delhi High Court with a habeas corpus writ petition seeking his production. Claiming that the police’s efforts were “slow, misdirected and subjective”, she had prayed for a court-monitored SIT (Special Investigation Team) to take over the case from the Delhi Police.

As part of its probe, the police had sent wireless messages to the SSPs of all districts in the country on the day Najeeb went missing and sent teams along various routes, including Delhi-Agra, Delhi-Bulandshahr, Ghaziabad, Moradabad and Rampur in search of him. CCTV footage from Metro stations was also examined.

The case was then handed over to the Central Bureau of Investigation (CBI), presumably the country’s most trusted investigative authority… and yet today, years after the CBI took over, Najeeb’s whereabouts remain a mystery. Undeterred, Fatima kept asking pertinent questions, demanding justice for her son. In fact, Fatima together with a few of Najeeb’s friends and human rights activists organised a peaceful protest against the CBI’s ineffective investigation, on the first anniversary (October 13-14, 2017) of his disappearance. “Kahaan hai mera beta? Kaun batayega mujhe,” (Where is my son? Who can tell me?), she kept asking over and over.

The CBI’s investigation has tragically also not reached any conclusion. On October 16, 2017, the Delhi High Court had even pulled up the central agency, stating that it wasn’t showing the intent to find Najeeb. The High Court had also directed a forensic laboratory in Chandigarh to examine the mobile phones of the nine suspects. Finally, on May 11, 2018, the CBI had told the court that it found no evidence that there was any crime committed against Najeeb based on the findings of the lab. Three months later, the agency told the High Court that it had decided to file a closure report in the case since it had probed all angles and had still found nothing against the suspects. Of the nine phones sent to the lab in Chandigarh, two could not be analysed since they were not in a working condition.

On April 2019, a Delhi court directed the CBI to give copies of all statements and documents related to the closure report to Najeeb’s mother within two weeks. Nafees had filed a protest petition against the CBI’s closure report. Senior Advocate Colin Gonsalves, who initially represented Nafees in the High Court, had pushed for a custodial interrogation of the accused persons. Najeeb was getting threats a day before he disappeared. The fact that they failed to do this shows a complete mockery of the system,” he told the media

Recently, the CBI told Additional Chief Judicial Magistrate Jyoti Maheshwari that they were not in a position to record the statement of the doctor at Safdarjung Hospital, where Najeeb was allegedly rushed after being injured in the scuffle, because no document pertaining to his visit existed! The CBI also alleged that he went back to the hostel without getting a medico-legal case report prepared.

The Wire had put out this video six years ago

In 2019, a 75-minute long documentary by Sunil Kumar, titled Ammi, follows the trajectory of Najeeb Ahmad case and is replete with footage from various protests held across the national capital to demand action. Interspersed with interviews of friends and family who talk fondly of Najeeb, the film chronicles the various developments in the case which made national news and caused students to protest in streets, outside police stations, courts and even outside the CBI headquarters.

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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

The post Amendments to the Waqf Law were needed, but the grab-and-control Waqf Amendment Act, 2025 is not the answer appeared first on SabrangIndia.

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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