J Sai Deepak on Waqf Amendment Act | Minority Rights Waqf Board Hindu Temple Muslim Representation

Video Courtesy: Sansad TV

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J Deepak begins by tracing the history of the Waqf Act, noting its introduction in 1995 and subsequent amendment in 2013.

Key Changes in the 2025 Amendment:
Repeal of Section 40: This problematic provision, which facilitated waqf claims without sufficient evidence, was repealed to address misuse and protect third-party rights.

Waqf Board Composition: The amendment mandates the inclusion of non-Muslims, women, and government representatives on the Waqf Board, alongside Muslim members. This change reflects the reality that waqf properties receive endowments from non-Muslims and affect their rights, necessitating diverse representation.

Diversity in Muslim Representation: The amendment ensures representation for diverse Muslim sects (e.g., Aakhani, Bora), beyond just Sunni and Shia waqfs, to enhance inclusivity within the Muslim community.

Reforms in the 2025 Amendment:
A public portal has been introduced to make Waqf Board proceedings and decisions transparent, allowing third parties to access information and challenge decisions that affect their rights.

The government can appoint non-Muslims to the Waqf Board, ensuring diversity and reflecting the impact of waqf properties on non-Muslims. Deepak contrasts this with temple management boards, noting that waqf boards manage real estate, not mosques, and the government does not extract revenue from waqfs, unlike temples.

Drawing parallels with global practices in Muslim-majority countries, Deepak argues that state oversight is standard to prevent mismanagement. He cites issues like uncollected rents or community benefits not reaching intended beneficiaries as justification for government intervention.

Deepak highlights the massive scale of waqf properties (32 lakh acres), comparable only to the Union of India or Indian Railways. This vast land corpus necessitates oversight to protect both community and third-party rights.
He rejects framing the issue as a minority rights debate, arguing that it’s about legitimate governance and balancing rights.

Deepak addresses the contentious issue of government oversight, responding to criticisms that it encroaches on minority rights. He provides examples of waqf overreach, including claims on Hindu temples and strategic locations, and argues that oversight is essential for transparency, third-party rights, and national security.

Deepak draws analogies to government intervention in private seminaries or companies (e.g., Satyam) to prevent mismanagement, arguing that the Waqf Board’s opaque operations warrant similar scrutiny.
He cites the massive scale of waqf land (32 lakh acres) and its impact on third-party rights as necessitating state oversight, comparable to interventions under Article 31A for public interest.

1400-Year-Old Temple: Deepak references a case where a 1400-year-old temple was claimed by the Waqf Board, despite the temple’s faith predating Islam. This example highlights the absurdity of such claims and their impact on Hindu heritage.

He points to the creation of mazars (shrines) in strategically or religiously significant locations, such as near the Mumbai airport, raising concerns about national security and third-party rights.

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