The Dark Side of the Waqf Amendment

Fr. Gaurav Nair Fr. Gaurav Nair
07 Apr 2025

American author Emily Giffin says, "Life is about the grey areas. Things are seldom black and white, even when we wish they were and think they should be, and I like exploring this nuanced terrain." Regrettably, most conduct rarely reflects such nuance.

The Waqf (Amendment) Bill has been passed in the Parliament and will soon be signed into law by President Droupadi Murmu. Many groups, even those that should not be, are celebrating it as a victory. But is it truly a win or just the experimental beginning of a nightmare? In Waqf's case, what has changed overall is only how they are administered. There are no guidelines for expediating existing litigations except for the application of the Limitations Act 1963, which will only facilitate the alienation of property. Essentially, the government has just inserted provisions that are beneficial to itself and its agenda.

In an ironic twist, the Bill requires the presence of two non-Muslims on the board, excluding an ex officio member, claiming transparency requirements. No such intent was seen when Tirumala Tirupati Devasthanams (TTD) sacked non-Hindus from its board. Does that mean the TTD is allowed to be opaque in its dealings?

The Bill has also placed state officers as arbiters. It is no secret that the government and its offices are the footsoldiers of the saffron-clad hate-mongers. How can anyone expect any kind of impartiality from them? Observing the conduct of governors in states not governed by the BJP, one can discern that they invariably prioritise party interests over those of the people.

To be fair, the Bill does inject a measure of transparency and discipline into the existing framework. Yet, the Act itself remains ensconced in a murky grey area—its former arbitrariness is now somewhat restrained by amendments but simultaneously offers a sanctioned route for an unscrupulous government to victimise its "enemies." It is doubtful that this pursuit will be limited solely to those presently identified.

Worryingly, the introduction of this Act has set a dangerous precedent and lsid groundwork for targeting other communities as well. The fears are not unfounded. In October 2024, the Madras High Court had sought the views of the Union and Tamil Nadu governments on making Christian institutions accountable by bringing their assets, funds and entities like hospitals and schools/colleges under a statutory board on the lines of Wakf Board.

Just last month, on March 23, there was a protest against the construction of a "Heritage Interpretation Center" on the ruins of the Five Wounds of Christ Church, which is also within 100 meters of the world heritage site of Bom Jesus Basilica in Goa by the state BJP-government. While the state tourism minister Rohan Khaunte claims that it is being done with "concurrence of Church authorities," the Church refutes them.

When the government does not fear to blatantly lie when it is not part of a group, how much more will it do so when it has legitimised its presence within?

It is tragic that people who claim to be intelligent and clever leaders turn obtuse and lose sight of the bigger picture. It is genuinely concerning that people had been targeted in the name of Waqf land, but the way forward should be through dialogue and measured legal recourse and not supporting evil and basking in schadenfreude at the misfortune of another.

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