An open letter to PM Modi on his ‘pakoda' statement
Mr. Prime Minister,
In a TV interview recently, you asserted that a person is earning Rs. 200 a day selling pakodas is also an employed person. Many people took offense to this statement, claiming that your promise to generate one crore jobs is a hoax.
While we appreciate the fact that you recognize street vending as employment, the harsh realities under which street vendors carry out their livelihood has been lost in your statement. Street vending is an independent and dignified profession. We are proud to be street
vendors.
However, we cannot take away the context in which we have become street vendors. It is out of distress of migrating to a city, of drought in villages, agricultural crisis reeling in this country, and more importantly lack of employment options that we have resorted to treet vending.
Moreover, education has become a costly affair for millions of people in the country. In fact, you are further distancing it from the people by decreasing the budget outlay for education, which you presented yesterday. The poor in this country cannot get an education, but there are no job options for those educated either. And even when we want to earn a decent livelihood of street vending, we face
harassment and threats of evictions from various authorities on a daily basis.
Even when the Street Vendors (Protection of Livelihoods and Regulating Street Vending) Act, 2014 was passed by the UPA II Government, very few State Governments have implemented the legislation. The Act grants a right to livelihood to us street vendors and is intended to provide solace to us from all the harassment. However, we continue to be left out of public spaces; police officers demand hafta, municipal authorities threaten to evict us, residents call us dirty, that we obstruct traffic, and other
such unreasonable allegations are made against us. It has been four years since the Act came into force and four years since you have been the Prime Minister of India.
If you thought this was an honorable profession, why do we continue to be perceived as a nuisance? The Lieutenant General of Delhi ordered massive evictions, in blatant violation of the 2014 Act. Why has no action been taken against any authority across the
country for trying to evict vendors? What have you, Mr. Prime Minister, done for us street vendors? When you sat in opposition to the UPA Government, you vehemently opposed Foreign Direct Investments in Retail – against Walmart and Target entering our country. However, you have now approved 100 percent in single-brand retail. This will no doubt harm small businesses, including us street vendors. To add insult to injury, your ‘smart cities' project is ensuring complete evictions of street vendors.This project is not only affecting our livelihood, but is taking away our right to shelter as well. The smart city has become synonymous with evictions of street vendors and slums. Your vision of development does not include us, sir. Instead, your policies are increasing the number of dispossessed people every day. There is no respite for us from poverty. So, where is our acche din? When you demonetized the Rs. 500 and Rs. 1,000 currency notes, us street vendors were the most affected. You want to make India cashless.
Do you expect our customers to swipe money into our phones for a dozen banana? In addition to this, you've introduced GST. It is wiping out small usinesses who source small items for us to sell.
Sir, we do not want a ‘Smart City,' we do not want a ‘Digital India,' we do not want ‘Make In India' or your ‘Swacch Bharath,' if it doesn't allow municipal workers, construction workers, slum dwellers, and street vendors to live with dignity. We want public education, public health system, and public housing! You are shirking your responsibility to provide us all of this and are instead privatizing our entitlements. Yes, it is employment if a person sells pakoda on the streets. But, do not use us as an excuse for your inability to provide jobs to the citizens of this country, and going back on your promise. On the contrary, we street vendors stand on our abilities
and hard work.
We will fight against anyone who takes away our rights!
Yours Sincerely,
Bengaluru Jilla Beedhi Vyapari Sanghatanegala Okkuta
Contact: 9880316961, 9880595032, 9686757053
Email: bvokkuta@gmail.com
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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.
