British Brought Waqf Act To Strengthen Muslim League: Senior Advocate Rakesh Dwivedi Calls For Derecognising Waqf Land Grants By Mughal Invaders

Senior Advocate Rakesh Dwivedi has called for derecognising the grants of land made by Mughal invaders and conquerors, which are presently recognised under the Waqf Act, 1995. He has also said that the present Waqf law is not benign and that its history is cancerous. 

The Senior Advocate was speaking in an exclusive interview given to Verdictum on the  Waqf (Amendment) Bill, 2024.

"Unfortunately even after independence, we have continued to recognise the grants of land by the Sultans and the Mughal Badshas and their governors and Nawabs. The result is that those forces which had invaded India and occupied India for a long period, they actually did not own the land, which is our territory. They subjugated the people of India and they took advantage of the land which did not belong to them. Waqf can be created by somebody out of his own property. I can create a Waqf with regard to my movable and immovable property and dedicate it to God for religious and charitable purposes. But I cannot forcibly occupy somebody else's land and then create a Waqf on that. That grant is recognised by these Acts", Rakesh Dwivedi said.   

"Today Waqf is the third largest landholder in India, after Defence and Railways. This is a very serious matter on which the Parliamentarians should give serious consideration. It is time that we derecognise the grants which have been made by the conquerors, the erstwhile invaders. This land was never theirs. So why should we recognise their grants?", he added. 

He added that the grants can be undone by the government. "The government is the owner of that land, the grant can be undone". He referred to a recent judgment of the Supreme Court and said, "So there is very clear law now that the government can nullify these grants. And that is not anti-Muslim either, because Muslims are free to create Waqfs out of their own property. So if any Muslim in India wants to do that, he is free to do it. No problem. It is consistent with their religion. But there is no question of banking on any grants made by the erstwhile Badshas and Sultanas, Nizams and Nawabs".

The Senior Advocate also said it is a problem that there are common lands of villages and evacuee property with respect to which Waqf has been recognised.

Speaking about the origins of Waqf laws in India, Dwivedi said, "So Waqf otherwise also has created a lot of problems during the freedom struggle and we find that the British government had brought in all these Waqf Acts with a view to creating an alliance with Muslim League, to build up Muslim League, to create its strength. Especially after the Government of India Act 1937, the Muslim League did not do well in the elections. Then we find that Orissa Waqf Act was created, Bombay Waqf Act was created, Bengal Waqf Act was created in 1934 to 1936 and the Sharia Act was imposed in 1937. So this was all done, and we see that Lahore Resolution came in 1940 and that all led to partition".

He continued, "So Waqf is not such a benign kind of a thing. Although, under the Constitution, it should be benign. But its history is cancerous.  In the name of Waqfs there have been conversions, in the name of Waqfs there has been partition of India. The whole effort was to create unity among the Muslims behind the Muslim League".

He said that it is a very serious problem and called upon the members of the Joint Parliamentary Committee (JPC) and the Parliamentarians to include a specific provision to undo the land grants of the Mughal rulers. The JPC is in the process of public consultation with respect to the Waqf (Amendment) Bill, 2024.

While answering a question comparing the laws for Hindu religious endowments and the Waqf Act, he said that while the Waqf Act confers more autonomy and power to the community, the Hindu endowment laws are intrusive, with complete control given to the state governments. He said that lack of similar autonomy when it comes to Hindu Temples and religious endowments amounts to "hostile discrimination" and a violation of Article 14 of the Constitution. 

He also commented on various other aspects related to the Waqf (Amendment) Bill, 2024.

The full interview is embedded above and can also be watched here.