Uttara Karnataka bundh: A failed drama!
BJP has suffered a loss of face having attempted to impose an unnecessary bundh on the state, to create embarrassment for the ruling party. The BJP has set up this comedy show of sorts to press for the demand of separate North Karnataka state, and create some sort of anarchy for the state government.
On one hand BJP said they didn’t support demand of separate state and on the other, they were fanning the fire that raged for separate state. BJP leaders had led the bundh that was called on Thursday.
Since this issue pertains to the solidarity of Karnataka, those BJP leaders sitting in Bangalore tried to wriggle out of the situation. If they indeed felt that the whole issue was a mistake, they should have shared a word of wisdom with their counterparts elsewhere in the state. They didn’t do any of this, and just made a statement saying ‘we do not support the idea of north Karnataka being a separate state’ and tried to safeguard their interests.
BJP has to shoulder the responsibility of this issue now because they set this whole issue up for political mileage. With BJP doing this, how can one blame Kerala playing politics over Kasargod, Maharashtra over Belagavi and Tamil Nadu over Cauvery water? The same people who have grown using the state’s resources, are the ones who are planning on its division.
Writers and thinkers who were responsible for today’s Karnataka such as Huilgol Narayana Rao, Alur Venkata Rao, Srikantaiah and others strived hard to bring Karnataka together. Who is responsible for poor progress of the region? Did the region lag behind only after HDK became the CM? Many leaders who have represented the region have been in vantage positions in ruling the state.
With this being the reality, it would be illogical to assume south Karnataka being responsible for the poor progress of north, even when conniving politicians say this. The elected representatives are responsible for the region not witnessing good progress.
There are leaders who send thousands of crores to their Delhi units, in North Karnataka. How did they earn this? How did people like Reddy brothers, leaders like Sriramulu and others earn the thousands of crores they possess? How did the Jarakiholis earn their wealth? The leaders who stole minerals from the mines and earned all the riches are from North Karnataka. After having destroyed the ecosystem of the place, they are now blaming someone else for their region being neglected. Someone has to ask them how did people like Sriramulu earn their riches if the region was indeed impoverished. These are the same people who are trying to fool the others.
What contribution did BJP make towards Karnataka when the party assumed power? Yeddyurappa should let the people of the state know about this. Every year, suitcase full of money travelled from South to north via the Reddy brother to Sushma Swaraj. How did that happen? Was this not the result of exploitation of people of north Karnataka? People like Dharam Singh from North Karnataka sat in the chair of CM, and Kharge has enjoyed the long standing representation from the area. How does this amount to ignoring the region? MLAs and MPs from the place have always enjoyed good power in office, yet they fail in giving an answer for this question.
Why did the region not progress? Even if we consider the region becomes a separate state, if the same legislators would represent them, how would it help the case? The same Reddy brothers will try to wield power and this will definitely not mean good for the state. After all, the Reddys have one foot on Ballary and other in Andhra. They would gain nothing if Karnataka progresses or not. They share good relationship with Maharashtra politicians in BJP. Even that state wants Karnataka to split. Sangh Parivar does not want Lingayat to become an independent religion. If they do, it would have serious impact on Brahminical hegemony in RSS. So over all, this strategy is to divert many other demands of people of the state. And it’s not like the CM didn’t contribute to this confusion. He should have been careful in his statements, and not get emotionally charged under pressure.
In one of those moments, Kumaraswamy has been an easy prey to his detractors. As a politician, he has a long way to go and lots to learn from his father Devegowda. Else, Kumaraswamy’s political career may end before his father’s phenomenal political life ends.
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Once a Waqf, always a Waqf
Waqf, a pious endowment in Islamic law is rooted in the teachings of Prophet Muhammad (PBUH). A companion Abubakr Siddiq (RA) purchased and assigned the land for construction of mosque of Prophet in Madina. The Quranic revelation “You will not attain unto piety until you spend of that which you love”.
The messenger of Allah said, “when a human being dies his deeds end except for three: ongoing charity, beneficial knowledge or a righteous child who prays for him”. It has encouraged Muslims to dedicate wealth for good cause like Waqf.
Concept of Waqf
The concept of waqf in Muslim law is a permanent dedication of properties for religious, charitable and pious purposes. The word waqf comes from the Arabic word which means to tie up, stoppage or detain. The movable and immovable assets are dedicated unconditionally to divine and must be irrevocable. The donor is called a Waqif the Waqif appoints a Muthavalli or trustee to manage the property. The usufruct of property is utilised for the specific purpose for which it is dedicated or for the benefit of the destitutes. Once an asset is dedicated to the divine it cannot be sold transferred hypothecated or given as a gift.
Auqaf in India
The idea of waqf dates back to the Delhi sultanate when Sultan Muizuddin Sam Ghour dedicated two villages in favour of Jamia Masjid Multan. In Mughal rule there was no centralised management of waqfs. They are managed by individually appointed trustees under the supervision of local Imams. He was accountable to regional khazi. The law of waqf was codified under British rule. “Musalman Waqf Validating Act 1913”, “Musalman Waqf Act 1923” were passed. The “Shariat Application Act 1937” notified that waqf properties comes under Muslim personal law. After independence Waqf Act 1954 was enacted for the entire country except the state of Jammu and Kashmir. Further a comprehensive Act was brought in force in the year 1995. Adjudication of waqf litigations by the waqf Tribunals was introduced. There after it was further amended during 2013 providing representation to women in the waqf board, multi member waqf Tribunals and the alienation of waqf properties is considered as non bailable and cognizable offence with up to 2 years rigorous imprisonment.
Management of Auqaf in Karnataka
During Vijayanagar, Bahamani, Adil Shahi, Tippu and Wodeyar's rule, numerous charities and endowments were made to Hindus and Muslims. The religious endowments of Hindus and Muslims were managed as per the provisions of The Mysuru Muzrai Manual 1934. During 1974 the state government decided to transfer these waqf properties to the waqf Board for their management under Waqf Act 1954.
Abolition of Zamindari System
Consequent to the abolition of Zamindari system Karnataka Inam Abolition Act 1955, Karnataka certain Inams Abolition Act 1977 were passed. Consequent to the 73rd amendment to the constitution Karnataka Land Reforms Act 1974 was enacted. Due to these enactments more than 79,000 acres of notified waqf properties were granted to the Inamdars and tenants out of 1.7 lakh acres in the state.
Waqf is always a Waqf
Honourable supreme court of India in Syed Ali and Others V/S Andhra Pradesh Waqf Board ordered on 18/01/1998 that “Waqf is always a Waqf” and the grant of Patta in favour of Mokhasadar under the Inam Act does not in any matter, nullify the earlier dedication made of the property constituting the same as waqf.
The Karnataka State Board of Auqaf sought clarification from the state government regarding applicability of Karnataka Religious and Charitable Inam Act, Karnataka Certain Inams Abolition Act 1977 and Karnataka Land Reforms Act 1974 to the waqf properties in view of the aforesaid Supreme Court judgement. The then Secretary to government Minority Welfare Department in his letter dated 27/07/2017 sought the opinion of the Law Justice and Human Rights Department. The said department clarified that the properties which the State Government claims to have vested in the government by virtue of Inam Abolition Laws or Land Reforms Act have no juridical significance. In view of the interpretation of waqf made by Honourable Supreme Court of India in its judgement reported in AIR1998 SC 972, Law department is of the opinion that once a property held to be Waqf property, in such an event there is no scope for application of either Inam abolition Laws or land reforms Act.
The State Government in its letter no MWD118WES2017 dated 19/12/2017 directed the Karnataka State Board of Auqaf to recover the Waqf lands acquired by individuals as well as the groups and to take legal action as per the provisions of the waqf Act 1995 (Amendment) Act 2013. The Board requested the Regional Commissioners and Deputy Commissioners in the State to restore the waqf properties affected under The Inams and Land Reforms Laws. Accordingly, the Tahsildars initiated to issue notices to such grantees and noted as “Waqf Property” in the record of rights of such properties. Many of such grantees have assailed the mutations effected by the Tahsildars. The Honourable High Court of Karnataka has issued directions to the Tahsildars to issue notices, hear them and then take the decision.
Now the state government has decided not to issue any notices which is obviously against the decision of Honourable Supreme Court of India and the clarification issued by the Law Department. Lest there is serious social, political and legal implications inherent in the implementation of orders of Honourable Supreme Court. Since 1995 to date the Inamdars and tenants have sold the properties, some of the lands are converted to non-agricultural purposes, residential lay outs have come up and commercial buildings are in use. The state government has to ponder over the issue with legal luminaries, Waqf Board authorities, senior bureaucrats and social scientists and come out with an acceptable solution in the interest of lasting peace in the society.
This article is written by Mujibullah Zaffari, Former Chief Executive Officer, Karnataka State Waqf Board.
