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00:00Thank you very much, my friend and state BJP president, Rajiv Chandrasekharji, and my colleague in the Ministry of Minority Affairs, George Kurianji, and all the senior BJP leaders of Kerala.
00:17We are meeting here in Kochi, and I am very happy to be here again. Last month, before the parliament session, I had come to Tiruvananthapuram for an event.
00:32Today I have come for an issue which is extremely crucial, important, and sensitive. Land is the most precious thing for all of us.
00:49Many countries also go to war because of a piece of land. Land, we consider motherland. So a piece of land is most valuable for human being.
01:05If you lose your land, then you lose everything. That is why we have considered that in India there should not be any provision.
01:19For anybody to forcefully and unilaterally take away somebody's land. We must make laws which must protect every inch of land for their rightful honor.
01:36We brought this amendment for the provisions which were there in the 1995 WACF Act, which had given unprecedented powers and authorities to the WACF Boards.
01:57You just imagine under Section 40 of the WACF Act, the State WACF Boards can declare any property as WACF property and once it is confirmed by the tribunals,
02:16even there is no option of going to the courts.
02:19Going to the courts was only available under the writ petition, which you all know.
02:26Writ is a very limited window, which is a discretionary in nature, which doesn't change the facts.
02:34It just gets into the issue of the law, not of the facts.
02:41That is why we thought we must give justice to the thousands and thousands of people who have lost their rightful claim, their ownership on their particular lands.
02:56This is not related to or targeted to Muslim alone.
03:03There are some campaigns going on to set a narrative that the central government is working against Muslim community.
03:15No, we are here to correct the mistakes done in the past and to provide justice to the needy people.
03:28Let me also remind that it is not only other communities, not only Christian communities, but crores and crores of Muslim women,
03:40women, the poor Muslims, the destitutes, they are also deprived of the benefits which they should have got from the WACF properties.
03:54I had mentioned this in the Parliament also.
03:58India has the largest WACF properties in the world.
04:03And in India also, within the country, WACF properties are largest.
04:07Don't compare with railway properties and defence.
04:10Railway properties is for public use.
04:13Defence is for the defence of the nation.
04:17So, privately owned properties, managed by the private people, it is the WAC properties which is the largest in the world.
04:28And despite that, majority of the Muslim community are also not getting benefits.
04:33That is why I am making the point very clear from the beginning that it is not targeting any community.
04:44When it comes to individual cases, we have got thousands and thousands of representations,
04:52the injustice done to many groups and individuals.
04:58One of the such cases was the Munambam case.
05:02The Munambam case came to our notice sometime back.
05:08And our state president, Rajiv Chandrasekarji and the Kerala BJP team came to Delhi and the matter was brought before me.
05:18Then when I had gone through the Munambam case, I was deeply upset.
05:23The 600 fishermen, the innocent people, who have paid the money, from their hard-earned money, they paid for the land.
05:36They have settled everything.
05:38They have started paying taxes to the government for the land.
05:41And suddenly, the Kerala State Work Board decided and declared the Munambam land, 404 acres of valuable land, as the work property.
05:55That is how the tragedy of the Munambam came before us, and the people of the country learned about the injustice done to those 600 fishermen.
06:09They are farmers, fishermen.
06:11They are innocent people.
06:12So, looking at such injustices and such pains of the people, Narendra Modi government decided to bring amendment to the present WAF Act.
06:26Without going into the details, first of all, we strike down the Section 40.
06:35No authority in India should have this kind of uncontrolled, unprecedented authority to declare any property as WAF property.
06:44This is unconstitutional.
06:46So, we strike down.
06:48Now onwards, such cases like Munambam matter,
06:54there will be no arbitrary declaration of any property as WAF property.
07:02The Survey Commissioner, which worked in tandem with the WAF boards, have been removed.
07:11Now, all the surveys to be conducted by the collector will be fully authorized to assess as per the documentation available with the government records.
07:24We have found that it is the Survey Commissioners, WAF boards, and mutawalis, who were working in close coordination,
07:35taking care of their personal interests, and declaring the land as work properties.
07:42From 2013 to 2025, more than 18 lakhs of properties were claimed.
07:56And we have realized that if we don't intervene now, then people will start losing their rightful ownership of the land.
08:08Remember, once a WAF means always a WAF.
08:13If we don't change the law, any property declared as a work property cannot be reversed.
08:21Permanently, it is in the name of Allah and dedicated for the purpose, which is mentioned as religious, pious, and charitable.
08:31So, that cannot be reversed.
08:35So, as a responsible government in the country, we had to take these very important steps.
08:43And we passed this act after thorough discussion, and we hope in the future, we will not see the case like Munambam issue.
08:56Now, referring to some of the points, I want to quickly point out.
09:05After removal of the Section 40, we also removed the work by user provision.
09:15That means, as per the earlier provision, anybody, any Muslim, or any non-Muslim,
09:26can declare any property as being used by his ancestor for any purpose,
09:33or they used to do namaj or some other purpose,
09:36without any document, report and claim about that particular portion of the land,
09:46and declared it as a work property through the state work boards.
09:53Work by user is a very dangerous provision.
09:56It doesn't require any document.
10:00Just imagine.
10:02By user means you just have to tell that some hundred years back, thousand years back,
10:08this particular place was used for some purpose,
10:13and then the particular piece of land is declared work property.
10:17So, we remove that work by user.
10:21Henceforth, if any property has to be declared as work property,
10:27it must be through a deed of declaration.
10:30You can't make oral declaration.
10:33So, it is compulsory that the property must have document,
10:38valid document, registered document,
10:41and then only the work if, means the one who declares the work,
10:46can do it as per his own wish.
10:52That is in the provision, it is a new provision we have inserted.
10:58Section 3 R sub-close 4.
11:02Now, any property which are under disputes,
11:10like the Munambam case,
11:12any property which is under dispute,
11:16or under legal proceedings,
11:19means which is sub-judice,
11:21cannot be settled as work property.
11:25It will be, if it is under legal proceedings,
11:28then it will be decided by the court.
11:30Of course, we cannot take away the power of the court,
11:34so it will be decided by the courts.
11:36But new declaration will not be allowed.
11:41Then, we had this section 36 1A
11:47and section 36 clause 7.
11:52The verification of the property
11:55has to be done by the collector.
11:57I had mentioned earlier,
12:00it used to be done by the survey commissioner.
12:03The survey commissioners had their own interests.
12:06Now, it is the district collector
12:09who will now see the genuineness
12:15of the application or any matter
12:18which is in question,
12:19and then the waqf deed
12:24is a mandatory provision
12:27and registration of any waqf
12:31requires a valid waqf deed.
12:34Without that, registration cannot happen.
12:37Many of the Congress
12:39and the communist MPs
12:41were saying that
12:43why should this authority
12:44should be given to the collector?
12:47The authority should be remained
12:48with the survey commissioner.
12:51We were very clear.
12:52The survey commissioners,
12:54work boards,
12:55and mutawalis,
12:56they all were working in tandem,
12:58which caused so much of miseries
13:00and pains
13:00to the innocent people.
13:02So, we have categorically stated
13:05that collector doesn't belong to anybody.
13:07An IOS officer
13:08doesn't belong to political party.
13:12And in any way,
13:13the collector,
13:14he is a revenue officer.
13:16He has been dealing with the revenue matter.
13:19So, that is why
13:20the authority should remain with the collector.
13:22And then collector
13:23will always do justice.
13:25Now,
13:29we have made another provision
13:31that the person who creates waqf
13:34has to be a practicing Islam
13:37for at least five years.
13:40In 2013,
13:41the Congress government,
13:42the UPA government
13:43made this dangerous provision
13:44that anybody can create waqf.
13:47If you get yourself converted to Muslim,
13:51you create waqf
13:52and then
13:53you can show anything.
13:55I mean,
13:55there was no
13:56check and balance.
13:58So, we said,
13:59as per the Islamic law,
14:01as per the Shariat law,
14:03if you are dedicating
14:04your property
14:06in the name of Allah,
14:07you can do it.
14:08But you can do
14:08with the property
14:09which you own.
14:11You can't just create
14:12waq property
14:13on any piece of land.
14:15So, these are very strict
14:17provisions
14:18we have inserted
14:19in the new
14:20waq act.
14:22and then
14:25if there are
14:28issues with the tribunals,
14:31some of the tribunals,
14:32you know,
14:33we have changed provisions
14:34in the composition
14:36of the tribunal also.
14:38The appeals against
14:40tribunal orders
14:40now can be filed
14:42before the High Court
14:43any time.
14:45As I mentioned
14:45earlier,
14:47it used to be
14:48under special writ
14:49petition.
14:50it was allowed.
14:51Now,
14:52anybody
14:52can go
14:54and file
14:55before the High Court.
14:57And we have
14:58changed the composition
14:59of the
15:00entire
15:01work boards,
15:03councils,
15:04and the tribunals.
15:04I will give you
15:05one example.
15:09Waq disputes
15:10can be with anybody.
15:12For example,
15:12Munambam issue.
15:15The fishermen
15:16can be
15:16Hindus,
15:17can be
15:18Christians,
15:19can be anybody.
15:20Now,
15:21they are saying,
15:22the CPM,
15:22the Communist Party
15:23and Congress
15:24people are saying,
15:25the waq board
15:26must be
15:27constituting
15:28of only Muslims.
15:30Now,
15:31if it is a matter
15:31between Muslims,
15:33then okay,
15:34it can be
15:34only Muslims
15:36sitting on the board.
15:38But dispute
15:38can be with anybody.
15:41The dispute
15:42can be from
15:43any religious background.
15:46So,
15:47in the board,
15:48we have made
15:50provisions
15:50that even
15:51non-Muslims
15:53also can be
15:54made member
15:54in the board.
15:55However,
15:57majority will
15:57remain with
15:58the Muslims.
15:59We are not
16:00taking away
16:01the authority
16:01of the Muslims.
16:03In the,
16:04in the state
16:04work boards,
16:05majority of
16:05non-Muslims
16:06can be three.
16:07And in the
16:08Central Work Council,
16:09which is headed
16:09by me
16:10in the present time,
16:12we will have
16:13maximum
16:13four non-Muslims.
16:16And we are not
16:17picking up
16:17anybody
16:17to put there.
16:19We will be
16:20putting those
16:21people who know
16:22the Islamic laws,
16:24who are
16:25well aware
16:26of the
16:27provisions
16:28and the
16:29legalities.
16:30An experienced
16:31person,
16:31the scholars,
16:33so that
16:33the
16:34feedbacks
16:36from those
16:37scholarly people
16:38to be made
16:38members in
16:39the boards
16:40and the council
16:41can be of
16:42useful.
16:44So,
16:44that is why
16:45you can imagine
16:45as a genuine
16:46citizen of India,
16:48if a dispute
16:49arises between
16:51parties of
16:51different religious
16:52backgrounds,
16:53how can you
16:54make the
16:54board constituting
16:55of only one
16:57particular religious
16:58group.
16:59So that is why
16:59we have made it
17:01much more
17:02inclusive
17:03and also
17:05board-based.
17:07And then,
17:08of course,
17:09there will be
17:09lots of issues,
17:11especially I am
17:12going to
17:12remember this
17:13evening.
17:15I will be
17:17meeting the
17:18people,
17:19I will be
17:20listening to
17:20them.
17:21Now,
17:22some of
17:23the issues
17:24which I want
17:25to highlight
17:26is,
17:27this
17:27Munambam
17:32issue which
17:32I had
17:32gone through
17:33briefly,
17:35the multiple
17:36change of
17:37ownership in
17:37the past,
17:38but one
17:39important issue
17:40which I want
17:40to highlight
17:41is,
17:43there was
17:43a particular
17:51property to
17:53Farooq
17:54College.
17:55Now,
17:56as per the
17:57Islamic law
17:58and Islamic
18:00practice,
18:01once you
18:02create a
18:02waqf,
18:03it cannot be
18:03transferred.
18:05Now,
18:06he has
18:07transferred the
18:08particular
18:10property to
18:11the college.
18:12Once it is
18:12transferred,
18:14then that
18:14particular
18:16property is
18:17no more
18:17waqf.
18:18However,
18:20because of
18:21the provisions
18:21containing there
18:23in the old
18:24act,
18:25the high
18:25court had
18:27given a
18:27ruling.
18:28So now,
18:29as a
18:29minister,
18:31I will not
18:31say that
18:32the high
18:33court order
18:34is redundant.
18:35I have to
18:36honor the
18:36judicial
18:37pronouncement.
18:38But it is
18:38challengeable
18:39in the
18:39supreme
18:39court.