What's New

Waqf Land Dispute in Karnataka: Political Tensions

Syllabus:

GS-2:

Government Policies & Interventions

Focus:

The controversy over the Waqf Board’s notices to farmers in Karnataka, particularly in Honawad village, has gained statewide attention. Allegations of land seizures, political infighting, and communal tensions have escalated, leading to debates about the Waqf Act and its potential reforms ahead of upcoming elections.

Background of the Issue:

• The controversy surrounding the Karnataka Waqf Board serving notices to farmers in Honawad village has sparked a larger debate in the state and nationwide.
• The issue gained attention when BJP MP Tejasvi Surya alleged that the Waqf Board was attempting to seize 1,500 acres of land in Honawad, a village in Vijayapura district.
• Surya claimed that farmers with legal ownership documents were being threatened with eviction. He offered legal support to farmers facing similar issues across Karnataka.
• In response, Karnataka Industries Minister V. Somanna and local leaders denied the allegations, claiming the notices were issued by mistake and only a few were sent across the district.

What is Waqf?

• Definition: Waqf is an Islamic endowment where property is dedicated for religious or charitable purposes, held in trust, and cannot be sold, inherited, or gifted.
• Origin: The term comes from Arabic meaning “confinement” or “prohibition” – dedicating property in the name of God.
• Formation: Can be established through a deed by the waqif (donor) or through property already used for religious purposes.

Waqf Properties

• Irrevocability: Once designated, waqf properties cannot be transferred except under specific conditions.
• Statistics: India has around 5 lakh waqf estates, with 8.7 lakh immovable properties, though many face issues like encroachment and mismanagement.

Waqf Act 1954 and 1995

• Waqf Act 1954: Formalised Waqf Boards in India to manage waqf properties.
• Waqf Act 1995: Streamlined governance and established state boards, detailing powers and functions for better management.

Waqf (Amendment) Act 2013

• Key Changes: Introduced provisions for state surveys, improved transparency, penalties for illegal occupation, and stricter property management.

Waqf Board and Governance

• Role: Manages, registers, and supervises waqf properties, appoints mutawallis (custodians), and handles legal actions for property protection.
• Central Waqf Council: Advises and supervises state boards, ensuring effective administration.
• Waqf (Amendment) Bill 2024Proposals: Renames the Act, updates definitions, incorporates technology for better management, and proposes reforms for inclusivity and accountability in Waqf Boards.

Political and Legal Responses:

• Political tensions escalated when Patil, an industry minister, denied any notices being issued in Honawad but acknowledged 124 notices in other areas of Vijayapura.
• The issue intensified as various political parties accused each other of using the Waqf issue to further political agendas ahead of the upcoming elections.
• Minority Welfare Minister, Mr. Zameer Ahmed Khan, clarified that only 124 notices were served across the state, contradicting the claims of 21,000 notices made by the BJP. The notices were primarily to address encroachments on Waqf properties, not to evict farmers.
• Waqf Board officials noted that mutations and notices regarding Waqf land have been ongoing since 1995, including the controversial issue of land in column 11 of the Record of Rights (RTC).

The Waqf Land Dispute:

• The land in question involves the Waqf properties, which were allocated for religious and charitable purposes, but have been encroached upon over the years.
• The Waqf Board claimed ownership of significant areas of land, including cemetery properties in Honawad village. However, much of this land has been encroached upon by local residents.
• The dispute is complicated by the fact that much of the Waqf land is now occupied by various community structures, including dhobi ghats, roads, and other encroachments.
• Local Muslim farmers, some of whom are BJP supporters, have expressed concerns about losing ancestral land, with community leaders intervening to mediate conflicts.

Impact on Farmers and Communities:

• Farmers, particularly in rural areas like Honawad, are deeply concerned about the notices served on them. Many fear losing their land, despite holding long-term ownership documents.
• The issue has created tensions between the Muslim and Hindu communities in the region, with some perceiving it as an attempt to seize Hindu-owned land.
• Farmers have started organising and seeking legal aid, with many rallying behind lawyers like Sampath Kumar Shetti, who plans to file petitions in the High Court on behalf of the affected families.
• The controversy has spread across Karnataka, with similar claims emerging from other districts such as Kalaburagi and Shimoga, where farmers are questioning the legitimacy of Waqf property claims.

Wider Ramifications and Legislative Measures:

• The issue has gained national attention, especially with the Joint Parliamentary Committee examining the Waqf Amendment Bill.
• Critics argue that the provisions of the Waqf Act, particularly those allowing for presumptive ownership and the exemption from adverse possession claims, create an imbalance in favour of the Waqf Board.
• Prime Minister Narendra Modi’s upcoming Waqf Amendment Bill aims to address these issues, ensuring that Waqf property provisions are not misused.
• The BJP has called for the abolition of the Waqf Board and its powers, claiming that it undermines the rights of farmers. On the other hand, Congress leaders accuse the BJP of using the Waqf issue to target Muslims in Karnataka and stoke communal tensions.

Way Forward:

• Legal Clarification and Transparency:
  • Clear and transparent legal processes should be followed to resolve disputes over Waqf properties, ensuring that farmers and communities affected by notices receive clarity on their legal standing.
• Community Mediation and Dialogue:
  • Encourage community dialogues between religious and local leaders to ease tensions and foster better understanding between farmers and the Waqf Board, preventing escalation of communal conflicts.
• Review and Amendment of Waqf Act:
  • The proposed Waqf Amendment Bill should be carefully reviewed to ensure that provisions related to Waqf property, such as presumptive ownership and encroachments, are balanced and do not adversely impact farmers or communities.
• Proper Documentation and Land Reforms:
  • Conduct thorough documentation and land reforms to establish clear ownership records, preventing arbitrary claims over agricultural lands and resolving discrepancies in the Record of Rights (RTC).
• Addressing Political Influence:
  • Ensure that the issue is handled impartially, with political leaders refraining from using it for electoral purposes, and focus on a fair, legal solution for the farmers involved.
• Awareness Campaigns for Farmers:
  • Launch awareness programs to educate farmers about their rights concerning Waqf properties and the legal processes involved, empowering them to protect their lands.

Challenges:

• Political Polarisation:
  • Political parties may continue to use the issue as a tool for electoral gain, complicating efforts to find a neutral, legal solution and worsening community divisions.
• Complexity of Waqf Property Laws:
  • The complexities of Waqf laws, especially regarding land ownership, make it challenging to enforce fair and consistent decisions that protect the rights of all stakeholders.
• Community Tensions:
  • Deepening communal tensions, especially in a highly charged political environment, could lead to further division and violence, making resolution more difficult.
• Encroachment Issues:
  • Waqf properties have been encroached upon over many years, and it is difficult to reclaim or redistribute land without displacing large numbers of people or disrupting local economies.
• Legal Battles and Delays:
  • Long-drawn-out legal battles over land ownership, particularly related to Waqf properties, can lead to delays in resolution, leaving farmers in uncertainty.
• Implementation of the Waqf Amendment Bill:
  • The successful implementation of the Waqf Amendment Bill will face resistance from various political and religious groups, making consensus difficult and delaying legislative reform.

Conclusion:

The Waqf land issue in Karnataka has become a highly contentious matter, with political parties using it to mobilise voters and further their agendas. While the Waqf Board asserts its rights over properties, farmers face the risk of eviction, creating tensions between communities. With upcoming elections, this controversy is likely to remain a focal point of debate in the state.

Source:The Hindu

Mains Practice Question:

Examine the ongoing Waqf land controversy in Karnataka. What are the political, social, and legal implications of this issue, and how might the proposed Waqf Amendment Bill address these concerns?