करंट टॉपिक्स

Enact one single law for Endowments of all religions, VHP to JPC

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New Delhi. Vishva Hindu Parishad has suggested to the JPC on Wakf (Amendment) Act to enact one single law for endowments of all religious properties in the country instead of only for Muslims. In its communication, VHP has suggested that the ‘Waqf has been defined as a permanent dedication of any movable or immovable property for any purpose recognised by the Muslim Law as pious, religious or charitable. This dedication is made to Allah, the almighty. Once a property is so dedicated, it becomes the property of Almighty and vests in Him’.

The other extracts of the communication are given hereunder –

Similarly, the Hindus dedicate properties, movable or immovable to the deities for the maintenance of the Temples and for pious religious and charitable purposes.

Likewise, the followers of other religions including Christianity, Buddhism, Jains and Sikhs dedicate their properties for purposes recognised in their religion as pious, religious or charitable.

Article 44 of the Constitution of Bharat provides that, “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of Bharat”.

It may be reminded that the Waqf Act 1954 was not tabled in the Parliament by or on behalf of the Government. It was tabled as a private member’s bill by Mohammad Ahmad Kazmi. It appears that the then ruling party was complicit in the moving of this bill. The bill was referred to select committee of the Rajya Sabha. Surprisingly, C.C. Biswas the then Minister of Law and Minority Affairs became the Chairman of the select committee.

Subsequently, he explained: –

“It is not a fact that the Government is behind the screen. If Government wanted to sponsor this measure, they could have come forward openly…”

He explained his Chairmanship by saying, “It is only accidental that I was made the Chairman of the Committee and I was there not in my capacity as Law Minister, sponsoring the bill on behalf of the Government”.

Raj Gopal Naidu had said, “…under the Directive Principles of State Policy which says that there should be one uniform civil code, is it not better and proper that we have a uniform civil code throughout Bharat for all religious and charitable endowments affecting not only the Muslims but also the Hindus, Parsis, Jains, Sikhs and every other community that is found in Bharat? Why should there be a separate piece of legislation for religious and charitable endowments of the Muslims? It is now for us to consider whether that we should have a uniform law with regard to the religious and charitable endowments for every religion of Bharat or not and I leave it, Sir, to the House to judge whether it is right on our part to go against the Directive Principles of State Policy and enact a law affecting only the religious and charitable endowments of one particular religion”.

The Law Minister responded, “The statement was made by me in the House of the People that it was the Government’s intention to bring forward a Bill which would apply to endowments of all kinds and denominations…”

At a different point in the debate the Law Minister had repeated, “The idea is to bring forward a measure dealing with endowments of all kinds”.

It appears to be an anachronism of the colonial period where a privileged law was enacted only for the second religious majority of Bharat. It is now time that the scope of this Act is enlarged to cover the charities of all religions.

The time now presents us with a golden opportunity. While the amendments to the Waqfs Act are being considered, the opportunity should be utilised to consider, whether the time has now come, as the Government through the Law Minister had said in 1954, “to bring forward a measure dealing with endowments of all kinds”.

However, if need be, there may be some exceptions and special provisions, wherever needed to tailor to the needs, precepts and traditions of a religion as distinguished from other religions.

The communication sent through VHP President Alok Kumar has suggested that the instead of different laws governing control and management of properties of different religious communities, there should be one single law for endowments of all religious properties in the country.

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