40 lakh left out of draft list of NRC in Assam
Guwahati, July 30 : The first complete draft of the National Register of Citizens (NRC), comprising names of 2,89,83,677 people of Assam, was published on Monday.
Releasing the document online at the state NRC headquarters here, Registrar General of India, Sailesh said that a total of 3,29,91,384 people had applied for inclusion of their names in the document, but 40,07,707 had been left out due to some discrepancies in their documents.
"This is a draft NRC and not the final NRC. All genuine Indian citizens whose names did not figure in the NRC will get ample opportunities to enter their names in the final NRC," Sailesh said, terming the day "historic". "It's a historic day for Assam and India as a whole. Today we have achieved a milestone of publishing the first complete draft NRC.
"The scale, size and complexity of the whole exercise are unparalleled. The process has been transparent, clear and meticulously executed with involvement of over 52,000 government officials over a period of three years," he said.
Assam State Coordinator for NRC, Pratik Hajela said that all those whose name did not figure in the document need not worry as there is a laid down procedures for claims and objections, which will start from August 30.
"Whoever, wishes to file a claim for inclusion of their names in the NRC can approach the NRC Seva Kendras and file claim from August 30.
"We will start distribution of claims and objection and correction forms from August 7. The process of filing of the claims, objection and corrections will continue til September 28," Hajela said.
There would also be assistance for those who need assistance in filing the claims and objections, he added.
Hajela said that the 40,07,707 people whose name did not figure in the NRC will be intimated through separate letters about the discrepancies and there will be opportunities for them to correct the same.
"Details of these 40,07,707 (people) will not be disclosed as we have to respect their privacy.
"Out of them, there are 2.48 lakh people whose cases are pending before different Foreigners' Tribunals," he said adding that the status quo of these people -- whose name did not figure in the NRC -- will remain as "applicant" and not as "Indian" or "non-Indian".
Satyen Garg, Joint Secretary, Northeast, in the Union Home Ministry, reiterated that the none of the persons, whose name did not figure in the NRC, will be taken to the detention camps or Foreigners' Tribunals.
Sufficient opportunity will be given to those persons to include their names in the final NRC, he assured.
The Assam government has intensified security arrangements across the state following apprehensions that there might be trouble after publication of the NRC.
The Central government had already sent over 200 companies of security forces to assist the state police in handling the situation.
The Assam government had started the process of updating the NRC on December 2013. On December 31, 2017, the Assam government had released the first draft of the NRC which included the names of 1.90 crore people.
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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.
