"Assaudin Owaisi should show us where the Waqf word is mentioned in the Constitution," says Advocate Ashwini Upadhyay
Aug 05, 2024
New Delhi [India], August 5 : Advocate Ashwini Upadhyay on Monday slammed AMIM Chief Assaudin Owaisi and said that Owaisi should show us where the Waqf Board is mentioned in the Constitution adding that the existence of Waqf Board is against the Indian Constitution.
He said, "Assaudin Owaisi is a Barrister, he should show us where the word Waqf is mentioned in the constitution."
He said "Waqf word is nowhere mentioned in the constitution, despite this Waqf board has been formed. This is against the right to equality and the right to justice this is against the unity of the country. If the court says the cases about lands will commence at one place, then how a separate Waqf tribunal for Muslims".
"The land dispute of every religion is solved in district court but how come the Waqf cases were decided outside the court" added advocate Ashwini Upadhyay.
"The Waqf board has 10 lakh acres of land, which is more than the area of the world's 50 countries. This is against one law in one country. Waqf board was introduced by Jawaharlal Nehru and further, the Congress prime ministers strengthened them. Waqf board has claimed a village of Tamil Nadu, a 1500-year-old temple as their and many properties of Delhi as theirs" he added.
He asked why Muslims have a separate board, and why there is no Hindu board and Jain board, Buddha board, Sikh board, Jewish board, or Parsi board. There should be no law based on religion, the law should be equal before all. Baba Saheb Ambedkar and all makers of the constitution have said there should be no laws, programmes, tribunals and policies based on religion".
"I welcome the decision of the government to amend the waqf board. The decision is arbitrary" he added.
Earlier on Sunday AMIM Chief Assaudin Owaisi said that it shows that the Modi government wants to snatch away the autonomy of the board and intends to interfere in it.
Addressing a conference, Owaisi said, "Firstly, when Parliament is in session, the central government is acting against parliamentary supremacy and privileges and informing the media and not informing Parliament. I can say that whatever has been written in the media about this proposed amendment shows that the Modi government wants to take away the autonomy of the Waqf Board and it wants to interfere. This itself is against the freedom of religion."
The Hyderabad MP also alleged that the BJP has been against these boards and Waqf properties from the very beginning and they have been working on a "Hindutva agenda".
"Now if you make amendments to the establishment and composition of the Waqf board, then there will be administrative chaos, loss of autonomy of the Waqf board and if the control of the government increases over the Waqf Board, then the independence of Waqf will be affected. In the media report, it is written that if there is any disputed property, then these people will say that the property is disputed, and we will get it surveyed. The survey will be conducted by the BJP, CMs and you know what will be its result. There are many such dargahs in our India where BJP-RSS claims that they are not dargahs and mosques, so the executive is trying to snatch the power of the judiciary," he added.
The central government is considering making amendments to the Waqf Act which could restrict the power of the Waqf Board said sources. According to the sources, 32-40 amendments are being considered in the Waqf Board Act.
Waqf Act was first passed by Parliament in 1954. Subsequently, it was repealed and a new Waqf Act was passed in 1995 which gave more powers to Waqf Boards. In 2013, this Act was further amended to give far-reaching powers to the Waqf Board to designate the property as 'Waqf Property'.
According to sources the proposed amendments are likely to make it mandatory for the Waqf Board to register its property in the District Collector's office so that the property can be evaluated. The amendments also aim to enhance inclusivity by ensuring women's representation on the Central Waqf Council and state boards.