New Delhi, April 17 The Joint Parliamentary Committee (JPC) chief, Jagdambika Pal, on Thursday rejected the inclusion of non-Muslim members in Central Waqf Councils and State Waqf Boards as an ‘encroachment’ in the religious rights of minorities, reasoning that it was essential for better upkeep and maintenance of Waqf properties.
The JPC chief, speaking to IANS, said that the Waqf (Amendment) Act has been brought with a clear motive and i.e. ‘respect for Islam and gift for Muslims’.
“Waqf Boards are not religious but administrative bodies. Hence, if capable and efficient non-Muslims become part of the Board, it will not be an interference in the religious rights of minorities, but it will only enhance transparency, accountability and efficiency in the management of Waqf properties,” Pal said.
The JPC chief’s assertions come amid the hearing of a clutch of petitions by the Supreme Court, where the latter also asked questions about non-Muslims getting a role in the Waqf Board.
Pal cited two court rulings from 2010 (Ram Rajya Foundation Vs Waqf Board) and 1982 in Karnataka and stated that in both cases, the respective courts adjudged Waqf Boards as administrative bodies.
"As it has been established by court rulings, Waqf Board is an administrative body and the JPC has only recommended strengthening its framework by paving the way for inclusion of capable and efficient managers in the Board," he said.
He also cited the JPC’s recommendation of inclusion of an Islamic scholar in the Waqf Tribunal as a progressive step.
Addressing the issue of the Collector being the ‘final authority’ in deciding any property dispute, he said that this provision has been altered and now the state-level secretary or Commissioner-level officer will decide the outcome in case of any dispute, thus ruling out any scope of bias.
Allaying apprehensions over removal of the ‘Waqf by user’ clause, he said that the legislation will be effective in prospective and not with retrospective effect.
“It is essential to digitise the records. Going forward, every property that is being given as ‘waqf’ should be in government records. This will only bring transparency and cut down scope for property disputes,” he reasoned.
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