Waqf Act has Put Indian Secularism to the test       

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By Syed Ali Mujtaba, Copy Edited By Adam Rizvi, The India Observer, TIO: The Waqf Amendment Act has questioned the word ‘Secularism’ enshrined in the preamble of the Constitution. If the Act is to become operational, the Indian constitution must be amended to erase the word secularism, which neither the court nor the legislature can do.

The Supreme Court has no power to make constitutional amendments, and a floor test in the Parliament has to be staged and managed again to win the vote of confidence. The MPs have to be given their pound of flesh to free the constitution from the burden of secularism. This is no mean task.

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Critiques say Prime Minister Narendra Modi has swallowed a rat by making amendments in the Waqf Act that he cannot swallow nor vomit.  If he swallows further, it will be the death knell of secularism in India. The government has to gain a majority in the Parliament to erase secularism to make Waqf operative.

The Waqf is a sectarian matter, and the BJP was able to manage to win the vote of confidence to gain the majority in the house, where the party does not have even a simple majority. Now, when it comes to ending secularism, will the party manages the MPs and gains their confidence is something that remains to be seen.

In case the Prime Minister Modi throws the towel and vomits the rat from his mouth, maybe calling it a ‘political abortion,’ its repercussions will far far-reaching on its Hindu constituency. How they will react to it is something that remains to be seen.

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What difference does it make to a Hindu community in reforming the Waqf Act? This question is going to be asked by the non-Muslim electorate.  Will the answer, like suppressing 14.28% Muslims, be the motive of the government will satisfy the electorate?

These questions cannot be brushed under the carpet and need an answer. This is because the Waqf Act 2025 stipulates that only Muslims who have practiced Islam for at least five years can donate land or property for religious or charitable purposes.  This provision effectively prevents non-Muslims from contributing to the construction of mosques or graveyards for the well-being of Muslims.

The entire history of India is littered with instances where non-Muslims have made contributions to the Muslim religious cause to honor the word secularism.

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Critics argue that the Waqf bill undermines the secular principles of the Indian Constitution. The provision of the bill as such does not allow non-Muslims to contribute to the welfare of the Muslim community. This vividly demonstrates the communal character of the present dispensation that has passed, greasing the palms of the conscious keepers of the state.

The Indian constitution is clear that the management of Waqf institutions, as defined, should remain within the Muslim community. This is akin to a Hindu temple trust’s board that is managed exclusively by Hindus.

The new provisions in the bill, by including non- Muslims in the board, seem to deviate from the principles that have already been established. For instance, the Vaishno Devi and Amarnath boards have laws requiring the board to be exclusively from the Hindu community, and the same applies to other religions as well. Then why has this deviation been made? The government has to answer it in court.

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The most ludicrous part of the Waqf Act is, while non- Muslim are made members of the Waqf Board, they cannot contribute to the Waqf endowments. Is the rule of ethics left in India, or has it degenerated into any other form of state?

Then the bill requires the ‘donor’ to “prove that he has been practicing Islam for at least five years.” Now, who is authorized to issue such a certificate? How one’s faith can be measured and what would be its yardstick.

The message from the Waqf Act is blatantly clear that, henceforth, no Indian Muslims are allowed to make religious endowments. Does a government have the power to regulate the religious belief of a community? Yes, this nefarious design is explicit in the Waqf Act?

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The Indian Constitution guarantees freedom of religion, allowing individuals to adopt a religion of their choice without needing to prove it. Now, by bringing the Waqf Act, the BJP has made the Muslims prove their religious identity?  What will happen to Mr. Mohammad fails to do so?

This is the new interpretation of democracy and the constitution that the BJP is trying to impose on the Indians. We like it or not, this is a brand new republic in the post-truth India.

There are many such loopholes in the Waqf Act, and the government has to answer in the court of law of the people’s court.

Does the government want to debunk the notion of inclusivity and secularism as spelled out in the constitution, and build an exclusive Hindu society is the prominent question that has been asked. The fall of the government is imminent in answering these questions. It cannot swallow the rat, nor can it vomit. The answer is enough, Mr. Modi, India is better off without you!

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Well, these are some imponderables that the BJP has thrown into the public gaze by bringing the Waqf Act.

The message that comes out from the passage of the Waqf bill is how Parliament can be managed, in case of opposition to a bill, the Ayodhya judgment has taught how the judiciary can be managed as well.

In sum, we can say the people of India in the guise of being innocents, are watching the spectacle that is going on in the Indian circus.

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Curated and Compiled by Humra Kidwai

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