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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.
00:24Last month, before the Parliament session, I had come to Tiruvannathapuram for an event.
00:33Today I have come for an issue which is extremely crucial, important, and sensitive.
00:45Land is the most precious thing for all of us.
00:49Many countries also go to war because of a piece of land.
00:56Land, we consider motherland.
00:59So a piece of land is most valuable for human being.
01:06If you lose your land, then you lose everything.
01:09That is why we have considered that in India there should not be any provision for anybody to forcefully and unilaterally take away somebody's land.
01:28We must make laws which must protect every inch of land for their rightful honour.
01:35We brought this amendment for the provisions which were there in the 1995 WAF Act,
01:50which had given unprecedented powers and authorities to the WAF Boards.
01:57You just imagine under Section 40 of the WAF Act,
02:04the State WAF Boards can declare any property as WAF property,
02:11and 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 writ petition,
02:25which you all know.
02:26Writ is a very limited window,
02:30which is a discretionary in nature,
02:32which doesn't change the facts.
02:34It just gets into the issue of the law,
02:40not of the facts.
02:41That is why we thought we must give justice
02:46to the thousands and thousands of people
02:49who have lost their rightful claim,
02:53their ownership on their particular lands.
02:57This is not related to or targeted to Muslims alone.
03:03There are some campaigns going on
03:07to set a narrative that the central government
03:13is working against the Muslim community.
03:16No.
03:17We are here to correct the mistakes done in the past
03:23and to provide justice to the needy people.
03:27Let me also remind
03:30that it is not only other communities,
03:34not only Christian communities,
03:36but crores and crores of Muslim women,
03:41the poor Muslims,
03:43the destitutes,
03:45they are also deprived
03:47of the benefits which they should have got
03:52from the WAF properties.
03:54I had mentioned this in the Parliament also,
03:57India has the largest work properties in the world
04:01and in India also,
04:04within the country,
04:06work 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
04:21managed by the private people,
04:23it is the work properties
04:24which is the largest in the world.
04:28And despite that,
04:29majority of the Muslim community
04:31are also not getting benefits.
04:34That is why
04:35I am making the point very clear from the beginning
04:40that it is not targeting any community.
04:43When it comes to individual cases,
04:47we have got thousands and thousands of representations,
04:52the injustice done to many groups and individuals.
04:57One of the such cases
05:00was the Munambam case.
05:03The Munambam case came to our notice
05:06sometime back
05:07and our state president,
05:09Rajiv Chandrasekarji
05:10and the Kerala BJP team
05:13came to Delhi
05:14and the matter was brought before me.
05:18Then when I had gone through the Munambam case,
05:20because I was deeply upset.
05:24The 600 fishermen,
05:28the innocent people
05:29who have paid the money
05:31from their hard-earned money,
05:34they paid for the land.
05:36They have settled everything.
05:37They have started paying taxes
05:39to the government for the land.
05:41And suddenly,
05:43the Kerala State Work Board
05:45decided
05:47and declared
05:49the Munambam land,
05:51404 acres of valuable land,
05:54as the work property.
05:55That is how the
05:56tragedy
05:58of the Munambam
05:59came before us
06:01and the
06:01people of the country
06:04learned about the injustice
06:06done to those 600
06:07fishermen.
06:09They are farmers,
06:10fishermen.
06:11They are innocent people.
06:13So,
06:14looking at
06:15such injustices
06:17and such pains
06:18of the people,
06:20Narendra Modi government
06:21decided to bring
06:22amendment
06:23to the present
06:25WAF Act.
06:27Without going into the details,
06:30first of all,
06:31we strike down
06:32the Section 40.
06:35No authority in India
06:37should have this kind of
06:38uncontrolled,
06:40unprecedented authority
06:40that declare
06:41any property
06:42as WAF property.
06:44This is unconstitutional.
06:46So,
06:47we strike down
06:48now onwards.
06:51Such cases
06:52like Munambam
06:53matter,
06:55there will be
06:55no arbitrary
06:57declaration
06:58of any property
06:59as WAF property.
07:00The survey commissioner
07:04which worked
07:06in tandem
07:06with the
07:07WAF boards
07:08have been removed.
07:11Now,
07:12all the surveys
07:13to be conducted
07:15by the collector
07:17will be fully
07:18authorized to assess
07:20as per the documentation
07:21available with the
07:23government records.
07:23we have found
07:26that it is
07:27the survey commissioners,
07:29WAF boards,
07:30and mutawalis
07:30who were working
07:32in close coordination
07:34taking care of
07:36their personal interest
07:38and declaring
07:39the land
07:41as WAF properties.
07:42from 2013
07:45to 2025.
07:48More than
07:5018 lakhs
07:54of properties
07:55were claimed
07:56and we have realized
07:58that if we don't
08:00intervene now,
08:02then
08:03people will start
08:05losing their
08:06rightful ownership
08:07of the land.
08:08Remember,
08:10once a WAF
08:11means always
08:12a WAF.
08:13If we don't
08:14change the
08:15law,
08:17any property
08:17declared as a WAF
08:18property
08:19cannot be reversed.
08:21Permanently,
08:22it is in the name
08:22of Allah
08:23and dedicated
08:24for the purpose
08:26which is mentioned
08:28as religious,
08:30pious,
08:30and charitable.
08:32So,
08:33that cannot be reversed.
08:35So,
08:35as a responsible
08:36government
08:37in the country,
08:39we had to take
08:41these
08:41very important steps
08:43and we
08:44passed this
08:45act
08:45after thorough
08:47discussion
08:47and we hope
08:49in the future
08:50we will not
08:53see
08:53the case
08:54like
08:55Munambam
08:55issue.
08:57Now,
08:58referring to
08:59some of the
08:59points,
09:00I want to
09:00quickly
09:01point out
09:02after removal
09:07of the
09:08section 40,
09:10we also
09:11removed
09:12the
09:13WAF
09:13by user
09:15provision.
09:16That means
09:17as per
09:19the earlier
09:20provision,
09:21anybody,
09:22any Muslim
09:23or any
09:24non-Muslim
09:25can declare
09:27any property
09:29as being
09:29used by
09:30his ancestor
09:31for any
09:32purpose
09:32or they
09:33used to do
09:34namaj
09:35or some
09:35other purpose
09:36without any
09:37document,
09:39report
09:40and claim
09:42about that
09:43particular
09:44portion of
09:45the land
09:45and declared
09:47it as a
09:49work property
09:49through the
09:51state work
09:51boards.
09:53Work by user
09:54is a very
09:55dangerous
09:55provision.
09:57It doesn't
09:58require any
09:59document.
10:00Just imagine
10:01by user
10:03means you
10:04just have to
10:04tell that
10:05some hundred
10:06years back,
10:07thousand years
10:07back,
10:08this particular
10:10place was
10:11used for
10:11some purpose
10:12and then
10:13the particular
10:15piece of
10:15land is
10:16declared
10:16work property.
10:17So we
10:18remove that
10:19work by user.
10:21Henceforth,
10:22if any
10:23property has
10:24to be declared
10:25as work
10:26property,
10:27it must be
10:28through a
10:29deed of
10:29declaration.
10:30You can't
10:31make oral
10:32declaration.
10:33So it is
10:34compulsory.
10:35that the
10:36property must
10:37have document,
10:38valid document,
10:40registered document
10:41and then only
10:42the work
10:43if, means
10:43the one who
10:44declares
10:44the work
10:45can do
10:48it as
10:49per his
10:49own wish.
10:52That is
10:52in the
10:53provision,
10:54it is a
10:55new provision
10:55we have
10:56inserted.
10:58Section
10:583R
10:59sub
11:01clause
11:014.
11:03Now
11:03any property
11:06which
11:08are under
11:10disputes
11:10like the
11:11Munambam
11:11case,
11:13any property
11:13which is
11:15under dispute
11:16or under
11:17legal proceedings
11:19means which is
11:20subjudice
11:20cannot be
11:22settled as
11:24work property.
11:25It will be
11:26if it is
11:27under legal
11:28proceedings
11:28then it will
11:29be decided
11:29by the
11:30court.
11:30Of course
11:31we cannot
11:31take away
11:32the power
11:33of the
11:33courts
11:33so it
11:34will be
11:35decided
11:35by the
11:35courts
11:36but new
11:36declaration
11:37will not
11:38be
11:38allowed.
11:41Then
11:41we had
11:43this
11:44section
11:4636
11:461A
11:47and
11:48section
11:4836
11:49clause
11:497.
11:50the
11:52verification
11:53of
11:54the
11:54property
11:55has to
11:55be done
11:56by the
11:56collector.
11:57I had
11:58mentioned
11:58earlier
11:59it used
12:00to be
12:01done
12:01by the
12:02survey
12:02commissioner.
12:03The
12:04survey
12:04commissioners
12:04had their
12:05own
12:05interest.
12:06Now
12:06it is
12:07the
12:07district
12:08collector
12:09who
12:11will
12:11now
12:13see
12:14the
12:14genuineness
12:15of the
12:16application
12:16or any
12:17matter
12:18which
12:19is in
12:19question
12:19and
12:21then
12:21the
12:23waqf
12:24deed
12:24is a
12:26mandatory
12:26provision
12:27and
12:28registration
12:29of
12:30any
12:30waqf
12:31requires
12:31a
12:32valid
12:32waqf
12:33deed.
12:34Without
12:34that
12:35registration
12:35cannot
12:36happen.
12:37Many
12:38of the
12:38congress
12:39and the
12:40communist
12:41MPs
12:41were saying
12:42that
12:43why
12:43should
12:44this
12:44authority
12:44should
12:44be
12:45given
12:45to
12:45the
12:45collector.
12:46The
12:47authority
12:47should
12:48remain
12:48with
12:49the
12:49survey
12:50commissioner.
12:51We were
12:51very
12:51clear.
12:52The
12:53survey
12:53commissioners,
12:54workboards
12:54and
12:55mutawalis,
12:56they all
12:56were working
12:57in tandem
12:57which caused
12:59so much
12:59of miseries
13:00and pains
13:00to the
13:01innocent
13:01people.
13:03So we
13:03have
13:03categorically
13:05stated that
13:06collector
13:06doesn't
13:07belong to
13:07anybody.
13:07An
13:08IS
13:08officer
13:08doesn't
13:10belong to
13:10political
13:11party.
13:12And in
13:12any way
13:12the
13:13collectors,
13:14he is
13:14a revenue
13:14officer.
13:16He has
13:16been dealing
13:16with the
13:17revenue
13:18matter.
13:19So that
13:19is why
13:20the
13:20authority
13:20should
13:21remain
13:21with the
13:21collector.
13:22And then
13:23collector
13:23will always
13:24do
13:24justice.
13:28Now
13:28we have
13:30made another
13:30provision
13:31that the
13:32person who
13:33creates
13:33Waqif
13:34has to
13:35be a
13:36practicing
13:36Islam
13:37for at
13:38least five
13:38years.
13:40In
13:402013,
13:41the Congress
13:42government,
13:42the UPA
13:43government,
13:43made this
13:43dangerous
13:44provision that
13:45anybody can
13:45create
13:46Waqf.
13:48If you
13:48get yourself
13:49converted to
13:50Muslim,
13:51you create
13:52Waqf and
13:52then you
13:54can show
13:55anything.
13:55I mean,
13:56there was no
13:56check and
13:57balance.
13:58So we
13:59said,
13:59as per the
14:00Islamic
14:00law,
14:01as per the
14:01Shariat
14:01law,
14:03if you're
14:03dedicating your
14:04property in
14:06the name of
14:06Allah,
14:07you can do
14:07it.
14:08But you
14:08can do
14:08with the
14:09property which
14:09you own.
14:10you can't
14:11just create
14:12Waqf property
14:13on any
14:13piece of
14:14land.
14:16So these
14:16are very
14:16strict
14:17provisions we
14:18have inserted
14:19in the
14:19new
14:20Waqf Act.
14:24And then
14:25if there
14:28are issues
14:29with the
14:29tribunals,
14:31some of the
14:32tribunals,
14:32you know,
14:33we have
14:34changed
14:34provisions
14:34in the
14:35composition
14:36of the
14:36tribunal
14:37also.
14:38The appeals
14:39against
14:40tribunal
14:40orders
14:41now can
14:42be filed
14:42before the
14:43high court
14:43any time.
14:45As I
14:45mentioned
14:45earlier,
14:47it used
14:47to be
14:48under
14:48special
14:49writ
14:49petition.
14:50It was
14:50allowed.
14:51Now
14:51anybody
14:52can go
14:54and file
14:55before the
14:55high court.
14:57And we
14:58have changed
14:58the composition
14:59of the
15:00entire
15:01work boards,
15:03councils,
15:04and the
15:04tribunals.
15:05I will give
15:05you one
15:06example.
15:06work disputes
15:10can be with
15:11anybody.
15:12For example,
15:12Munambam issue.
15:15The fishermen
15:16can be
15:16Hindus,
15:17can be
15:18Christians,
15:19can be
15:19anybody.
15:20Now they
15:21are saying,
15:22the CPM,
15:23the Communist
15:23Party and
15:24Congress people
15:24are saying,
15:25the work
15:26board must be
15:27constituting of
15:28only Muslims.
15:30Now if it is a
15:31matter between
15:32Muslims,
15:33then okay,
15:34it can be
15:34only Muslims
15:36sitting on
15:37the board.
15:38But dispute
15:38can be with
15:39anybody.
15:41The dispute
15:42can be from
15:43any religious
15:44background.
15:46So in the
15:47board,
15:49we have
15:50made provisions
15:50that even
15:51non-Muslims
15:53also can be
15:54made member
15:54in the board.
15:56However,
15:57majority will
15:58remain with
15:58the Muslims.
15:59We are not
16:00taking away
16:01the authority
16:01of the Muslims.
16:03In the state
16:04work boards,
16:05majority of
16:05non-Muslims
16:06can be three.
16:07And in the
16:08Central Work
16:08Council,
16:09which is
16:09headed by
16:10me in the
16:11present time,
16:12we will have
16:13maximum four
16:14non-Muslims.
16:16And we are
16:16not picking up
16:17anybody to
16:18put there.
16:19We will be
16:20putting those
16:21people who
16:21know the
16:22Islamic laws,
16:24who are
16:25well aware
16:26of the
16:27provisions and
16:28the legalities.
16:30An experienced
16:31persons,
16:31the scholars,
16:33so that
16:33the feedbacks
16:36from those
16:37scholarly people
16:38to be made
16:38members in
16:39the boards
16:40and their
16:40council can
16:42be of
16:42useful.
16:44So that
16:44is why you
16:45can imagine
16:45as a genuine
16:46citizen of
16:47India,
16:48if a dispute
16:49arises between
16:51parties of
16:52different religious
16:52backgrounds,
16:53how can you
16:54make the
16:54board
16:55constituting
16:55of only one
16:57particular
16:57religious group?
16:58So that
16:59is why we
17:00have made
17:01it much
17:02more inclusive
17:03and also
17:05board-based.
17:07And then,
17:08of course,
17:09there will be
17:09lots of
17:11issues,
17:11especially I
17:12am going to
17:12remember this
17:13evening.
17:14I will be
17:17meeting the
17:18people,
17:19I will be
17:20listening to
17:20them.
17:21Now,
17:22some of
17:23the issues
17:25which I
17:25want to
17:25highlight is
17:26this
17:27Munambam issue
17:32which I
17:32had gone
17:33through
17:33briefly,
17:35the multiple
17:36change of
17:37the ownership
17:37in the
17:38past.
17:38But one
17:39important issue
17:40which I
17:40want to
17:40highlight is
17:41there was
17:43this
17:45Mohamed
17:47Siddiqui
17:47said,
17:48he had
17:49transferred
17:49a particular
17:51property
17:52to
17:53Faruk
17:54College.
17:54Now,
17:56as per
17:56the Islamic
17:57law and
18:00Islamic
18:00practice,
18:01once you
18:02create a
18:02waqf,
18:03it cannot
18:03be transferred.
18:05Now,
18:07he has
18:07transferred
18:07the
18:08particular
18:10property
18:10to the
18:11college.
18:12Once it
18:12is transferred,
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
18:23old act,
18:24the high
18:25court had
18:27given a
18:27ruling.
18:28So now,
18:29as a
18:29minister,
18:31I will
18:31not say
18:32that the
18:33high court
18:34order is
18:35redundant.
18:35I have to
18:36honor the
18:36judicial
18:37pronouncement.
18:38But it is
18:38challengeable in
18:39the Supreme
18:40Court.
18:40No.
18:40.
18:41.
18:53.
18:54.
18:56.
18:56.
18:57.
18:57.
18:58.
18:58.
18:59.
18:59.
19:00.
19:00.