Waqf Amendment Act has no retrospective effect: Kerala HC
The court held there is no retrospective effect for the insertion of Section 52A in 2013 in the Waqf Act.
The fourth meeting of the Joint Parliamentary Committee (JPC) to examine the Waqf Amendment Bill, 2024, was held on Friday.
The fourth meeting of the Joint Parliamentary Committee (JPC) to examine the Waqf Amendment Bill, 2024, was held on Friday.
During the meeting, senior officials of the Archaeological Survey of India (ASI) made a presentation before the Joint Parliamentary Committee. Several stakeholders, including the Zakat Foundation of India and the Telangana Waqf Board, put forth their views, suggestions, and oral evidence on the Waqf (Amendment) Bill, 2024.
Speaking after the JPC-led meeting, Shiv Sena (Shinde group) leader and panellist of the JPC, Naresh Mhaske told ANI that Waqf Board properties are not being used for the welfare of the poor.
“This is why the Waqf Board Amendment Bill has been brought and as members of the committee, we are deliberating on the bill, and it will soon be tabled in the Parliament for approval. ASI also attended the meeting. ASI said that many properties which have previously been conserved by the government of India, have been claimed by the Waqf without any proof,” Mhaske told ANI.
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Opposition parties have been continuously opposing the Waqf Board Amendment Bill in JPC meetings, leading to uproar and heated debates.
Naresh Mhaske said that the opposition only talks about opposing, and there is a competition among them to see who can speak out more against the amendment bill and deliver more speeches.
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“After Owaisi delivered a speech, others followed suit to secure their vote bank and showcase their strength,” he added.
Mhaske said that the Zakat Foundation and Telangana Waqf Board also shared the same view, arguing against amending the Waqf Board bill while presenting their reasoning.
According to sources, the Archaeological Survey of India gave a detailed presentation in the JPC-led meeting on issues related to Waqf in protected monuments and sites and explained the problems they are facing. They also discussed why the Waqf Board Amendment Bill is necessary.
The meeting also witnessed heated exchanges between the opposition parties and the ruling party MPs regarding various amendments to the proposed Bill.
In the third JPC-led meeting on Waqf held on Thursday, the presentation was given by ministries including the Ministry of Urban Development, Railways, and Road and Transport. The Secretary of the Housing Development Department also presented his views in the JPC meeting, stating that there is a dispute between DDA and Waqf Board over 138 properties in Delhi, out of which 123 properties are highly contentious, the sources said.
Naresh Mhaske earlier told ANI that discussions are being done on various topics regarding the Waqf Amendment Bill 2024 in the JPC and to ensure that the poor people from minority communities get benefits from the bill. “I urge the opposition to think about the interest of the country and constitution. They should stop creating confusion among the people,” he added.
The Waqf Act 1995 empowers the Waqf Board to declare any property or building as Waqf property in the name of charity. According to sources, using this authority, the Waqf Board has issued notifications to declare protected monuments as Waqf properties, resulting in conflicts with the rights granted under the Ancient Monuments and Archaeological Sites and Remains Act 1958.
The sources claim that the Waqf Board restricts the Archaeological Survey of India from performing regular conservation and maintenance work at these protected monuments. There are several instances where Waqf authorities have made changes to the original structure of protected monuments, affecting their authenticity and integrity. Dual authority over monuments of national importance often leads to administrative issues.
According to sources, ASI in their presentation mentioned that representative or committee members of Waqf sometimes make unilateral decisions that conflict with policies. In some cases, ASI employees are restricted from entering certain parts of the monument, citing confidentiality. Waqf authorities sometimes claim ownership of the monument, leading to management issues.
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