Temples Reclaimed: How the Waqf Amendment Protects Ancient Hindu Heritage 

 

Allison-rupee empire traill faith Wagy properties-570.000 assets spanning nearly a million acnes were meant to serve as vehicles of charity Instead, they morphed into Instruments of inequity, where might alms could erase centuries of property temples documented in medieval stone inscriptions could suddenly be declared mosiques based on verbal testimony, and where the poorest Muslims watched helplessly as their community's wealth enriched a connected law. For decades, this parallel legal system operated beyond constitutional guardrails. A Hindu farmer with registered title deeds had no recourse when a Waqt Board claimed his ancestral land. A Pasmanda Muslim woman had no vosce when prime Waqf properties in her neighbourhood generated profits that never reached her children's education. Under the cloak of religious autonomy, a system meant for charity became what Justice Chanderachud once called "a law unto itself." On April 13, 2025, Parliament enacted the Waqf (Amendment) Bill-legislation that promises to drag this shadowy empire into Parliament passes the waqf amendment bill 2015 sunlight, forcing it to serve its original purpose up timing the marginalized, not exploiting constitutional blind spots The Sleeping Giant Imagine owning 540.000 acres of land- enough to create a small country yet rulesmerating annual revenue that wouldn't fund a mid-sized corporation. This paradox captures the essence of India's Waqf properties, Islamic endowments dedicated to religious and charitable purposes that have become entangled in a web of mismanagement and opacity. "These assets could transform millions of lives if properly managed." says economist Raghav Bahl, who has studied Waqt economics for two decades. "Instead, they've become a textbook example of how good intentions can be derailed by poor governance." The numbers tell a staggering story: 870,000 properties spanning nearly a million acres, theoretically worth 1.2 trillion, generating a meagre 163 crore annually-just 0.14% of their estimated value. Meanwhile, between 2013 and 2025, Waqf land claims mysteriously expanded by 21 lakh acres, often without documentation. This expansion hasn't gone unnoticed in villages like Kallakurichi in Tamil Nadu, where elderly farmer Subramanian Iyer found himself embroiled in a Kafkaesque nightmare in 2023. The land his family had farmed for generations-with registered titles dating to British rule-was suddenly declared Waqf property based on a claim that Muslims had once prayed there centuries ago. With civil courts barred from reviewing Waqf decisions, his appeals fell on deaf ears. How can a democratic country have laws where one citizen has no recourse against another's claim?" lyer asked during hit final appeal, which was dismissed by a Waqif Tribunal. His story represents thousands of similar cases across India where the "Wagf by user clause has upended lives and livelihood’s with little due process.

 A Constitutional Imbalance

 The Waqf Arc’s unique privileges have long created what legal scholars call "constitutional asymmetry. While Hindu temples remain under state control-their finances scrutinized and often appropriated for government use- Waqf Boards operated with remarkable autonomy despite managing assets of similar cultural and economic significance. This imbalance produced peculiar outcomes. In 2022, the Sri Jalakanteshwara Temple in Andhra Pradesh-documented in stone inscriptions from the 12th century-found itself facing a Waqf claim based on alleged use during the brief Qutb Shahi period. The claim was eventually withdrawn after public outcry, but hundreds of similar claims have succeeded across India. "The principle of equality before law is fundamental to our Constitution," notes constitutional lawyer Harish Salve. "Any framework that creates different standards of evidence or different routes to justice for citizens based on religious identity inevitably creates inequality".

 The Shadow of Exploitation

 The old Act's structural flaws created a darker reality in India's communally sensitive regions. In Kerala's coastal belt, Hindu property owners reported facing systematic pressure to "donate" lands to Waqf institutions. Rajan Pillai, a shopkeeper in Malappuram, recounts. "After refusing to sell my ancestral shop at one-third of market value, suddenly I faced Waqf claims on it. The pressure was unmistakable-sell cheaply or lose it entirely." This pattern of coerced transfers played out across states where demographic shifts were occurring The 2013 amendment's provision allowing non-Museo done to Wat, while well-intentioned, created opportunities for pressure tactics in mased neighbourhoods Meanwhile, the absence of financial overnight enabled what matites later termed institutional plunder in Gujarat's Ahmedabad, prime Waqt properties worth ove 1300 chine were leased to relatives of board members boar as little as 100 per months. When challenged, critics faced accusations of "attacking religious institutiore "The exploitation ran in two directions. explains sociologist Dipankar Gupta "Outward where Hindu properties faced questionable claims backed by institutional power, and Inward, where a Muslim elite skimmed immense value from assets meant for community welfare." The exploitation reached absurd extremes in Uttar Pradesh's Sāmbhar district, where those Hindu temples, continuously worshipped for centuries, were suddenly designated as "mosques previously used by Mughsal-with no historical evidence beyond verbal claims More troubling has been the impact on poor Muslims themselves. In Mumbai's Bhendi Bazaar, prime Waqf real estate worth hundreds of crores was leased to politically connected businesses for token amounts, while nearby Pasmanda Muslim communities lived in squalor. The disconnect between Waqf's intended beneficiaries and its actual benefactors grew starker each year. Zaira Ahmed, a Pasmanda Muslim activist who has fought for reform, puts it bluntly: "The old system protected the interests of a small Muslim elite while using religion as a shield against accountability. The real victims were poor Muslims, especially women and backward communities."

The Dawn of UMEED

 Enter the Unified Waqf Management, Empowerment, Efficiency, and Development (UMEED) Act of 2025-a name chosen for its meaning of hope in Urdu. The legislation represents the most significant referee to the Watt system in India's post-independence history At its core, the bill attempts to thread a difficult needle preserving religious autonomy while introducing transparency and constitutional balance. Its provtsons directly address historical grievances A centralized digital registry requiring documentation of all claims within six months Shifting property dispute resolution to district collectors, providing neutral arbitration Mandating representation for women, Pasmanda Muslims, and minority sects on Waqt Boards Applying the Limitation Act to Waqf claims ending the practice of indefinite retroactive claima Protecting women's inheritance rights in family Waqfs Prime Minister Narendra Modi, speaking at the Rising Bharat Summit soon after the bill's passage, framed it as social justice rather than religious intervention: "This is not about interfering in religious matters but ensuring that crores of poor Muslims, especially women and marginalized communities, receive the benefits that are rightfully theirs." The reform's real test will come in places like Lucknow's Hussain bad, where Waqf properties worth hundreds of crores have sat underutilized while the Pasmanda community they were meant to serve struggles with basic education. Under the new framework, these assets must be audited, digitally registered, and deployed for community welfare.

The Road Ahead

Opposition to the bill has been fierce, with parties like Congress and AIMIM planning Supreme Court challenges. Critics argue it undermines Muslim autonomy, while supporters counter that it simply brings Waqf governance in line with constitutional principles that apply to all citizens. As the dust settles, the legislation's succes veilt ultimately be measured by two metrical Does it restore constitutional balance and equal treatment under law? And does it fulfill Waqfs core mission of uplifting India's poorest Muslims? For Nasreen Begum and millions like her the answer can't come soon enough. As she packs up her trinkets for the day, she offers a sample perspective that cuts through the political noise. "If this new law means my daughter can go to school using Waqf money, and no one will unfairly take someone else's land, then perhaps it is the change we need." In a nation constantly balancing unity with diversity, the Waqf Amendment represents a bold attempt to harmonize religious freedom with constitutional fairness a delicate calibration that, if successful, could become a model for addressing other thumb issues at the intersection of faith and governance Whether this represents a genuine dawn of equity or merely another chapter in India's complex religious politics remains to be seen. But for now, a trillion-rupee sleeping giant has been awakened, and with it, the hope that its benefits might finally reach those who need them most. The Waqf reform ultimately confronts Indians with uncomfortable questions that transcend politics: How did we allow constitutional exceptions to become constitutional norms? What other legal asymmetries remain embedded in our governance? And perhaps most disturbingly- how many more Nazreen’s and Subramanian’s continue to suffer under systems that place religious sentiment above equal justice? As the bill's implementation unfolds, these questions will linger like ghosts at the edge of our democracy's conscience. For in a nation founded on equality before law, no faith's charitable intentions should ever become another's instrument of exploitation. 36 Years of Exile: The Silent Cries of Kashmiri Pandits -Kuldeep Kashmiri A 36 years of esile pass, Kashmir Pandits continue to be caught in a cycle of silent crocs-Forced to endure a never-ending struggle againat state apathy and thoreaucratic high handestnews The community, once known for its intellectual and cultural brilliance, has been reduced to mere numbers in relief records. With every passing year, the wounds only deepen. Among the worst affected are the overaged relief holders those who were between 15 to 30 years old at the time of exle in 1990-91. These individuals had their prime years stolen from them. They never had the chance to experience the freedom of youth, the excitement of building careers, or the joy of starting families under normal circumstances. Their ambitions crumbled as they navigated a life filled with uncertainty, dependency, and humiliation. Today, they stand at the threshold of old age, without social security, government support, or even a promise of justice. Is this not a human rights violation? NFSA Forms: A New Tactic to Humiliate an Exiled Community If losing homes, careers, and dignity was not enough, Kashmiri Pandit reliet holders are now being subjected to another layer of bureaucratic cruelty the forced submission of National Food Security Act (NFSA) forms to integrate their ration cards into the national database. This seemingly routine exercise is, in reality, a well-planned move to harass a displaced population. Why should relief holders, who have already been living under government support for three and a half decades, be forced to revalidate their existence through bureaucratic procedures? Are they being treatest an illegal migrants in their own country? Last year, the government introduced a new strategy-stopping ration coupons for Kashmiri Pendits, shepting to shift to a monthly ration system. The decision was neither communicated property nor implemented smoothly, leaving relief holders in distress. It was only after strong protests that the administration agreed to recoroider the move A Battle Against Systematic Oppression When the NFSA issue arose, a few of us- activists, concerned individuals, and victims of this ongoing struggle-decided not to remain silent. Along with Bharat Kachroo, Sunil Pandita, Comrade Mohan Lal Rain, H.L. Pandita Ravinder Koul, and others, I actively engaged in discussions with the authorities We took our concerns to The Relief Commissioner The Chief Secretary The Advisor to the Chiet Minister Various MLAs The Press and Media At every level, we were assured that the NFSA form was not mandatory, However, the reality on the ground was entirely different Notices continued to appear in newspapers, repeatedly extending deadlines up to March 31st, creating an atmosphere of uncertainty, fear, and confusion. This is nothing but bureaucratic bullying. The government, on one hand, reassures us that the form is not necessary, while on the other, it keeps intimidating us through official announcements. If this is not an attempt to break the already struggling Kashmiri Pandit community, then what is? Where Are the Leaders of Our Community! Perhaps the most painful part of this struggle is the silence of those who claim to be presentatives. Where the leaders who claim to are speak for Kashmiri Pandits? Where are the self-proclaimed protectors of our cause? Not a single political figure or influential leader from our community came forward to challenge this injustice. it was left to a handful of concerned individuals-people who truly feel the pain of Kashmiri Pandits to take a stand. Despite everything, we refuse to bow down. We refuse to accept silence as our destiny. As long as voices like Kuldeep Kashmiri, Bharat Kachroo, and others are alive, we will not allow our community to be crushed under the weight of injustice. A Crime-Free Community That Continues to Suffer The Kashmiri Pandit community has faced exile, unemployment, social alienation, and political neglect for over three decades. And yet. despite all the suffering, our crime rate remains zero. Even when the government treats us with step motherly indifference, we do not speak against the nation. Our patience, however, must not be mistaken for weakness. We were uprooted from our motherland in 1990, but we remained committed to our values. Now, the question is how much longer must we tolerate injustice? We Demand An end to bureaucratic harassment of relief Folders A permanent rehabilitation plan for Kashmin Pandits in Kashmir, especially for overaged relief holders who lost their youth in exile Transparency in government policies affecting Kashmiri Pandits Reservation in government jobs for Kashmiri Pandits Enhancement in cash assistance from Rs. 13,000 to Rs. 30.000 per family Benefits of all central schemes extended to every Kashmiri Pandit family without asking them to fill NFSA forms The Fight Continues Thirty-six years of exile have tested our patience-but not our will to fight for our rights We have been victims of terrorism, yet we remain peaceful. We have faced discrimination, yet we remain loyal to the nation. But how long will this resilience go unrecognized? The Kashmiri Pandit community has already lost two generations to exile. We refuse to lose another. Our struggle is far from over- and as long as we breathe, we will continue to fight against injustice and stand for the dignity of our people. The question now is: Will the government finally listen or will history remember them as silent spectators to our SILENT CRIES?

DISCLAIMER: 

The views expressed in the Article above are Dr. Ashish Kaul   views and kashmiribhatta.in is not in any way responsible for the opinions expressed in the above article. The article belongs to its respective owner or owners and this site does not claim any right over it. Copyright Disclaimer under section 107 of the Copyright Act of 1976, allowance is made for "fair use" for purposes such as criticism, comment, news reporting, teaching, scholarship, education, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing."

Courtesy: Dr. Ashish Kaul   and Koshur Samachar-2025 , April