One of the most ludicrous aspects of the Waqf Act is that it appears to ask Mr. Mohammad to prove he is a Muslim. The Act explicitly requires that the donor of a waqf must demonstrate that they have been practicing Islam for at least five years.
But who is authorized to issue such a certificate? How can one’s faith be measured, and what would be the yardstick? If Mr. Mohammad lacks official ID proving his religion, who will come to his rescue?
The message of the Waqf Act is blatantly clear: Indian Muslims are being compelled to prove their religious identity. This evokes the same anxieties that surfaced during the heated debates over the Citizenship Amendment Act (CAA) and National Register of Citizens (NRC).
Effectively, the Waqf Act implies that no Muslim in India will be permitted to make religious endowments unless they can provide documentary proof of being Muslim. This is not only discriminatory but also deeply troubling for a secular democracy.
The Waqf Act stands in stark contradiction to the Indian Constitution, particularly Articles 14 and 25–28, which guarantee equality and religious freedom. Equality is a core tenet of the Constitution, enshrined in its Preamble.
- Article 14 guarantees that all individuals are equal before the law and have equal protection under it. It bars the state from discriminating on the grounds of religion, region, caste, and more. It ensures fair and non-discriminatory treatment by the state and prohibits arbitrary actions.
- Articles 25–28 of the Constitution guarantee the right to freedom of religion:
- Article 25 ensures freedom of conscience and the right to freely profess, practice, and propagate one’s religion, subject to public order, morality, and health.
- Article 26 grants religious groups the right to manage their own affairs, including establishing and maintaining institutions and managing property.
- Article 27 protects citizens from being forced to pay taxes for the promotion of any particular religion.
- Article 28 prohibits religious instruction in state-funded educational institutions.
These provisions reflect India’s deep commitment to religious diversity and secularism.
When viewed through the lens of these constitutional protections, the Waqf Act seems to fly in the face of what the Constitution stands for. The BJP government, which holds power with merely 38% of the popular vote, appears intent on regulating the religious life of the Muslim community.
This Act reveals a deeper agenda: to reduce Indian democracy into an "80 versus 20" political narrative. The most shocking clause of the Act allows a Hindu to be appointed to a Waqf Board, but bars a Muslim from being a member of a Hindu religious trust. To add insult to injury, a Sanatanist is now legally forbidden from donating to a Waqf, even if commanded by Lord Rama himself!
The passage of the Waqf Bill demonstrates how the BJP uses its electoral mandate as a bulldozer to silence dissent and override parliamentary principles. Their politics, it seems, is not about governance but domination—by any means necessary.
In its pursuit of power, the BJP is reducing India to an autocracy masked as democracy—a ‘demoncracy’ where might is right. Its sole mission appears to be the assertion of Hindu supremacy over the Muslim minority.
This path is dangerous. The country is already beginning to feel the heat of unrest, with embers of conflict sparking across the nation.
It’s high time the majority of Indians called the BJP’s bluff. A choice must be made—between standing with the Constitution and the soul of India, or with a political force that seeks to tear both apart.
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*Journalist based in Chennai
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