Kochi : The Catholic Congress stated that the need for an inclusive and independent judicial system is crucial in resolving disputes related to land identified as Waqf property. They welcomed the central government's recent legal amendments aimed at addressing this issue.
The Congress highlighted that people of all religions often get entangled in Waqf land disputes. In areas where the Waqf Board claims ownership without proper documentation, residents are forced to present their records to the Waqf Tribunal. The power granted to the Waqf Board under Section 40 of the Waqf Act of 1995 can lead to abuse of power. The new bill proposes amendments that would remove these powers and place the responsibility with District Collectors instead. The mechanism for determining whether land is Waqf property must be based solely on impartial law, and unjust claims or encroachments cannot be accepted.
The Catholic Congress leadership also expressed that while respecting religious freedom and personal laws, an independent judiciary is necessary when one person's personal law causes difficulties for another. They criticized the existing legal framework, which allows the Waqf Board to claim even unowned land as Waqf property, and pointed out that the lack of appellate powers for courts is regressive for India. The provision in the new bill that allows for appeals against Waqf Board decisions in higher courts would help curb encroachments that disturb public order.
The meeting, chaired by President Rajeev Joseph Kochuparambil, included speeches by Director Rev. Dr. Philip Kaviyil, General Secretary Dr. Joskutty Ozhukayil, and Treasurer Adv. Tony Panchakunnel.
The Waqf system in India, which oversees properties dedicated for religious or charitable purposes under Islamic law, is the third-largest landholder in the country. It controls 8.7 lakh properties across 9.4 lakh acres, valued at Rs 1.2 lakh crore. The system has faced criticism for its management, with disputes and complaints piling up due to issues like encroachment, mismanagement, and delays in registration. The 2013 amendment to the Waqf Act expanded the definition of waqf, leading to concerns about misuse, especially regarding the irrevocability of waqf properties.
The central government has proposed amendments to curb the sweeping powers of Waqf boards, particularly by repealing Section 40 of the Waqf Act, which allows boards to unilaterally decide if a property is waqf. The bill aims to transfer these powers to district collectors, introduce judicial oversight, and modernize the management of waqf properties. While the All India Muslim Personal Law Board opposes the bill, viewing it as interference with personal laws, the All India Sufi Sajjadanashin Council supports the government's efforts, citing the need for reform due to the "dictatorial" nature of current waqf boards.