Send to: jpcwaqf-lss@sansad.nic.in
TO
The Chairperson
Joint Parliamentary Committee on the Wakf Bill
Parliament House
New Delhi, India
Subject: Request for the Abolition of the Wakf Act Due to Unconstitutionality
Respected Chairperson,
I, __________________________, son of ____________________________, residing at ________________________________ aged ____ YEARS and a concerned citizen of India, am writing to bring to your esteemed committee's attention a matter of significant concern regarding the Wakf Act. It is my firm belief that the current Wakf Act stands in contravention of the Constitution of India and, therefore, merits a comprehensive re-evaluation with a view toward its abolition.
The Constitution of India, under Article 14, guarantees equality before the law and explicitly prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth. However, the Wakf Act, as it currently exists, appears to grant preferential treatment to a specific religious community in the administration of properties and affairs. This preferential treatment seems to contradict the secular fabric of our nation and infringes upon the fundamental rights of the majority of the country's population.
This special treatment is not afforded to other religious communities under similar laws, thereby creating a disparity that undermines the constitutional principles of equality and fairness.
Moreover, the provisions of the Wakf Act have often led to issues related to property rights, administrative inefficiencies, and potential misuse of the law. There have been numerous instances where properties have been declared as wakf without due process or adequate compensation, infringing upon the property rights of owners. Such actions are in direct conflict with the right to property as envisaged under Article 300A of the Constitution of India.
It is also important to highlight that the Wakf Act lacks adequate checks and balances to prevent the misuse of power by Wakf boards, resulting in allegations of corruption, mismanagement, and lack of accountability. This not only undermines the rule of law but also erodes public trust in the legal and governance framework of the country.
The current Wakf Act is unprecedented in its scope and enforcement, even when compared to similar laws in Muslim-majority countries. The Act, in its present form, enables the Wakf Board to acquire land and property through coercion, deceit, and violence, akin to the actions of organized crime.
In light of the aforementioned concerns, I respectfully urge the Joint Parliamentary Committee to consider the following recommendations:
Abolition of the Wakf Act: The Act should be repealed to ensure that all citizens are treated equally before the law, in alignment with the fundamental principles enshrined in the Constitution.
Retrospective Abolition: The Wakf Act should be abolished retroactively, from the date it was first introduced as the Mussalman Wakf Act in 1923, including subsequent reintroductions in 1954 and amendments in 1995.
Restoration of Property Rights: Any land or property acquired or any structure erected under the Wakf Act should be deemed illegal and returned to the rightful Hindu owner, regardless of whether the acquisition occurred before or after 1923.
Government Custody of Unclaimed Property: In cases where the rightful Hindu owner cannot be traced, the Central Government should take possession of the land, property, and structures currently under the Wakf boards.
Strengthening Accountability: Any new legislation should incorporate strict guidelines and accountability mechanisms to prevent misuse and ensure transparency in the administration of properties.
I trust that the Joint Parliamentary Committee will give due consideration to these concerns and recommendations in the interest of upholding the constitutional values of equality, fairness, and justice.
With Best Regards,
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