The right to freedom of religion, enshrined in Articles 25 to 28 of the Indian Constitution, guarantees citizens the freedom to practice, preach, and propagate any religion of their choice without discrimination. However, recent criticisms suggest that this fundamental right may not be fully realized in practice, particularly in the realm of property management and religious administration.
In 1954, Jawaharlal Nehru, India’s first Prime Minister, enacted the Waqf Act, which has always been a bone of contention. This law is intended to put Islamic charitable trusts or endowments (Waqfs) under state control by amalgamating them into one body directly controlled by the Delhi government. In 1964, an amendment was passed which established Central Waqf Council thereby furthering centralisation while in 1995 another amendment allowed creation of waqf boards for each state and union territory.
What critics say is that if only the government could be as proactive in protecting other faiths’ properties as it does with Islam-related ones! For example, where on earth do we find the Hindu Board managing temples? – are they under state care?
In addition, the 1995 amendments to the Waqf Act have been criticised for being perceived as pro-Muslim. The changes made all guest members of the religious organisation public officers, something that did not apply to other faiths’ representatives. Moreover, there have been questions relating to how properties are claimed under the jurisdiction of an Islamic body known as the Waqf Board; critics say it lacks transparency and fairness in the process followed. Such suspicious activities include the declaration Taj Mahal as one of many waqfs or endowments, which has only served to heighten people’s doubts about biassed treatment.
That was more than just a single event. In April 2009: during the run-up to Lok Sabha elections, Dr Manmohan Singh reiterated his statement that resources of nation should be used preferentially for minorities especially poor Muslims . He said very clearly that he still believed in what he had said earlier – “Muslims must have first claim on our resources”.
April 2009: In the run up to Lok Sabha election, Dr Manmohan Singh, reiterated his statement that minorities, especially poor Muslims, should get priority when it comes to the nation’s resources. He categorically stated that he stood by his earlier assertion that Muslims should… pic.twitter.com/sNTYa5WSfM
— BJP (@BJP4India) April 26, 2024
The Congress Party’s figments and explanations are dashed by Dr Manmohan Singh’s direct statement. According to us, this means that giving Muslims special treatment is an explicit policy of the Congress party. This shows even more that everything Congress does is about how it can favour Muslims, from reservations to resources.
Still, we ask ourselves why there are programmes only for Muslims while Hindu interests are being ignored? Despite many affirmative actions taken up, hardly anything has changed in the socioeconomic condition of Muslims. This makes us wonder whether these moves actually work or not in terms of addressing the problems faced by Muslims.
Last year saw a major shift when the Union Housing and Urban Affairs Ministry took charge of 123 assets owned by Delhi Waqf Board, thus creating controversy within the board itself.
On 5th March 2014, just hours before the Moral Code of Conduct kicked in, the Congress led UPA gifted 123 prime properties, worth crores of rupees, in prime Delhi area, to the Waqf Board, in line with Dr Manmohan Singh’s ‘Muslims have the first right on India’s resources’ policy. pic.twitter.com/AFITPhvtg2
— Amit Malviya (@amitmalviya) April 27, 2024
Waqf refers to properties dedicated to religious or charitable purposes under islam and they can be either mobile or immovable. It occurs when people give their property to God forever so that it becomes an ongoing institution with religious objectives always in mind as well as charitable ones too.
The Waqf Management System of India currently records about 8.5 lakh properties spread across more than 8 lakh acres of land, with most being under the purview of Waqf Boards only after the Army and Railways.
According to the Waqf Act of 1995, governance over these properties is done by survey commissioners, who are supposed to identify and list them as stipulated by law. These properties are then managed by trustees called mutawalis, overseen at state level by waqf boards, which were set up in all states and regulated by the Central Waqf Council (a statutory body under the Ministry of Minority Affairs) which also advises government agencies on waqf matters.
These events bring out debates about religious property rights and governance systems; they highlight the complex relationship between religion, governance, and legal frameworks in India.
This has been further exacerbated by findings from the Sachar Committee Report 2006 that showed that Muslims were living in dire socio-economic conditions that were even worse than those of Scheduled Castes or Scheduled Tribes (SC/STs). It also revealed that there was lack of access to education, health care among others in areas where majority population comprises Muslims thus showing systemic discrimination still exists at various levels.
With only a meagre 4.9 per cent of government jobs held by Muslims in 2006, the Sachar Committee’s report underscored the urgent need for comprehensive measures to address the socio-economic disparities plaguing the community.
Religious property management in relation to the discussions surrounding religious freedom and equality. Advocates say it’s time for people managing such properties to be open, just, and inclusive. They should ensure that there are no systemic barriers stopping others from realising their full religious freedoms.
Wealth Disparities Among Religious Communities
New research points out wide gaps between rich and poor communities following different religions in India. According to a study released by the Indian Institute of Dalit Studies in 2020 named ‘Study Report on Inter-Group Inequality in Wealth Ownership in India,’ Hindus hold around 41 per cent of the country’s wealth. But Hindu OBCs make upto 31 per cent meaning other groups share the remaining 10 per cent. Muslims only own 8 per cent while Scheduled Castes and Scheduled Tribes have 7.3 per cent plus 3.7 per cent, respectively, indicating more discrepancies within these populations.
Religious property management in relation to the discussions surrounding religious freedom and equality. Advocates say it’s time for people managing such properties to be open, just, and inclusive. They should ensure that there are no systemic barriers stopping others from realising their full religious freedoms.
Wealth Disparities Among Religious Communities
New research points out wide gaps between rich and poor communities following different religions in India. According to a study released by the Indian Institute of Dalit Studies in 2020 named ‘Study Report on Inter-Group Inequality in Wealth Ownership in India,’ Hindus hold around 41 per cent of the country’s wealth. But Hindu OBCs take up 31 per cent meaning other groups share the remaining 10 per cent. Muslims only own 8 per cent while Scheduled Castes and Scheduled Tribes have 7.3 per cent plus 3.7 per cent, respectively, indicating more discrepancies within these populations. Worse still, a mere 4.9 per cent of Muslim children are enrolled in universities, highlighting systemic barriers to higher education.
The Waqf Boards role, centred around activities and property upkeep, has sparked discussions, in light of challenges. While it supervises mosques and religious properties, it also oversees universities, schools, and madrasas situated on land. Nonetheless, critics suggest that there should be a focus on utilising Waqf resources to enhance prospects for the Muslim community.
Channelling Waqf resources into education offers the potential to elevate the socioeconomic standing of Muslims, empowering them to make contributions, to the country’s GDP. By prioritising education and supporting the community, India can progress towards a just and inclusive society where all individuals have the chance to prosper.
