Dr Syed Ali Mujtaba
THE most ludicrous part of the Waqf Act is that it asks Mr Mohammad to prove that he was a Muslim.
In a shocking display of disregard for the country’s constitutional values, the BJP government has pushed through the Waqf Act that blatantly discriminates against Muslims and undermines the country’s secular fabric. The Act requires Muslims to prove their faith, a flagrant attempt to regulate their religious beliefs and practices.
Oddly, the new legislation stipulates that a ‘donor’ must prove that he practiced Islam for at least five years. Now, who is authorised to issue such a certificate? How one’s faith can be measured and what would be its yardstick? If Mr Mohammad cannot prove his piety and adherence to Islamic values, who will help him?
The issue of proving the religious identity of Muslims has again brought to the fore the contentious subject of the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC).
What the Waqf Act intends to do is that henceforth no Muslim in India will be allowed to make religious endowments, and if one wishes to do so, he has to give documentary evidence that he is a Muslim.
The Waqf Act overtly contradicts Articles 14 and 25-28 of the Constitution’s Preamble, which guarantee equality, freedom of conscience, and the right to practice one’s religion.
Article 14 states that all people are equal before the law and enjoy equal protection. It also prohibits the state from discriminating against any person region, religion, caste, etc.
The Article also ensures that all citizens are treated fairly and impartially. It requires that laws and actions taken by the government are fair and non-discriminatory. It protects individuals from arbitrary or discriminatory actions by the state. The phrase “equality before the law” originated in England, and “equal protection of the law” comes from the American Constitution.
Article 14 also protects life and liberty, which states that no person can be deprived of his life or liberty except by the procedure established by law.
The right to freedom of religion in India is guaranteed under Articles 25–28 of the Constitution. These articles are part of Part III of the statute, which outlines fundamental rights.
Article 25 ensures freedom of conscience, and guarantees the right to practice, profess, and propagate one’s religion, subject to public order, morality, and health.
Article 26 grants the right to manage religious affairs, including: Forming and maintaining institutions for religious and charitable purposes, acquiring, managing, and administering property following the law.
Article 27 ensures that no one is compelled to pay taxes to promote any particular religion or religious institution.
Article 28 prohibits religious instruction in state-funded educational institutions.
These articles reflect India’s commitment to religious diversity and ensure that no one is discriminated against on the basis of their religion.
When we apply the constitutional provisions of the Waqf Act, it emerges that the BJP government is doing exactly the opposite of what the constitution professes and preaches. The BJP, by usurping power with a mere 38% of the countrymen’s support, is trying to regulate the religious beliefs of the Muslim community in the country. The BJP’s nefarious design is explicit in the Waqf Act, and that is to reduce Indian democracy into an 80 vs 20 political template.
The most important clause of the Waqf Act is that while a Hindu can be made a member of the Waqf Board, a Muslim cannot become a member of a religious trust of non-Muslims. To add salt to the injury, the BJP has made it a law that a Sanatani cannot contribute to the Waqf endowments, even if he gets a commandment from Lord Rama!
The BJP, by piloting and passing the Waqf bill, has demonstrated how an electoral bulldozer can mow the Parliament. The BJP does politics of flooring the opponents by hook or crook. It gives two hoots to the constitutional values such as morality, ethics, virtue, and the core ideas of the country’s civilisation.
The BJP, in the lust for power, has degenerated India into an autocratic-tyrannical state where democracy is made into ‘democracy’ and where might is always right. The only mission of the BJP is to assert Hindu supremacy over the Muslim minority community in India.
In its lust for power, the BJP seems to be pushing the country towards a civil war. The smell of its embers is all over the country!
The Waqf Act is a wake-up call for all Indians who value diversity, equality, and justice. We must come together to defend our Constitution and protect the rights of all citizens, regardless of their faith or background.
It’s time for the majority of Indians to stand up against the BJP’s divisive politics and protect the country’s constitutional values. We must choose between our commitment to India, the Constitution, or the BJP’s narrow agenda.
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Dr Syed Ali Mujtaba is a journalist based in Chennai. The views expressed here are the writer’s own and Clarion India does not necessarily subscribe to them. He can be contacted at syedalimujtaba2007@gmail.com
