Both houses of Parliament have passed the contentious Waqf (Amendment) Bill after a vociferous debate between those supporting and opposing it. The Prime Minister hailed its passage as a watershed moment for collective quest for socio-economic justice and inclusive growth. The Congress vowed to fight the assaults on constitutional principles, provisions and practices while declaring its intent to challenge the bill in the Supreme Court. It must be remembered that the bill could not have been passed without support from supposedly Muslim-friendly politicians Chandrababu Naidu, Nitish Kumar and Jayant Chaudhury.

This moment proves beyond doubt that Muslims are political orphans of the world’s largest democracy. They can hardly rely on the existing political options for justice in the current vitiated context. Political parties claiming to be secular and garnering Muslim votes have helped further the divisive Hindutva politics. It marks a dark chapter in our constitutional journey where discrimination along religious lines can be institutionalised by law.

Waqf is a religious charity in Islam. A person donates their property as Waqf for the use of the poor within the community and thereby permanently forfeits their ownership over it. The property then belongs to Allah and must be utilised in the service of the vulnerable and needy. Mosques, madarsas, kabristans, schools, hospitals are established and run under Waqf all over the country. These are governed by the Waqf Act, 1995, through the central Waqf council and state Waqf boards. The state governments regulate their functioning and disputes are referred to Waqf tribunals.

It is true that the Waqf system is mired in mismanagement and some boards are dysfunctional. There is encroachment and illegal possession by private entities in many cases. This is somewhat similar to the state of grazing lands, lakes, forests and other commons in our country. This leads to exclusion of the poor from benefiting from Waqf. It thereby defeats the original purpose of Waqf to support those in need. There can be little doubt about the need for reform and systemic overhaul. Efforts have been made in the past by concerned citizens whose PILs are in the Supreme Court.

Also read: Narendra Modi’s Cover-Up Politics Gets a New Chapter With Waqf Bill. But Can it Survive?

The government’s enthusiasm to reform the Waqf system for the benefit and welfare of Muslims is intriguing. Embarking on this massive exercise without taking Muslims themselves on board would be laughable but for the deeper tragedy it camouflages. There is nothing in its record of the last 10 years to show that the government cares for Muslims. On the contrary, there is sufficient grounds to reject the claim as yet another instance of political chicanery.

A climate of religious polarisation has been consistently building up over the last ten years. Muslims have increasingly come under an onslaught of politics of hate and division. Several independent bodies have documented the rising hate speeches and crimes. The Supreme Court of India has itself directed the government to act against these.

Mob lynchings in the name of cow protection, harassment under various bogeys such as love jihad, corona jihad have met with silence from those in government. Bulldozer has become an emblem of coercive state action in UP and other BJP ruled states. Hindutva vigilantes discovering temples below every mosque are given a free run. Top guns of the ruling party and the government openly deploy anti-Muslim rhetoric during elections with impunity. References to Mughals, mutton and machli have become dog whistles against Muslims. Schemes such as scholarships for minority students have been discontinued. There is open vandalism against small traders selling fruits and sundry items by the roadside. Muslims get arrested for praying quietly in a corner in public gardens. Eid namaz cannot be offered on the roadside in UP and cities such as Gurugram.

We are expected to believe that a law is being brought upon us by a caring government concerned about our well-being. In reality, bills such as this one help keep the Hindu-Muslim pot boiling. Misinformation and propaganda have been deployed in the run-up to the passage of the bill. TV channels have run nightly programs about how Muslims would take over hindu land and buildings through Waqf. NDA hopes to benefit in Bihar election from the polarisation. That it involves land and property on a massive scale is no small issue given systemic corruption at various levels.

The bill attacks the foundational principles of the constitution. It violates rights to cultural and religious freedoms besides right to equality. It violates the constitutional provisions of rights of minorities to manage their own institutions with autonomy. It discriminates against a community by mandating appointment of non-Muslims on Waqf boards. Although in principle every patriotic Indian supports diversity, its deployment here is rather sinister. Is the government proposing a bill to nominate Christians, Parsis and Muslims on boards of Tirupati Devasthanam and other big temples? Why not have one law for all religious places as part of the much touted Uniform Civil Code? Waqf cannot now be governed by Waqf law but by a lengthy name with the acronym UMMID. Besides, a person has to be a Muslim for five years before donating their property to Waqf.

The bill is being challenged legally but the real battle against hate and communal divide must be fought socially and politically. It is the burden of all democratic minded Indians across different backgrounds to join hands to save our plural democracy. Indian Muslims can do their bit too. Although they are not monolithic, the absence of democratic minded leadership is a scourge the whole community must wake up to. It is unfair to demand action from a beleaguered community but Allah always helps those who help themselves. Besides, our secular democracy provides scope as well as hope of a better future. A strong peoples’ movement cutting across divisions of faith as witnessed during the freedom struggle can be the antidote to politics of hate and division. Earlier, CAA-NRC and love jihad laws, and now new Waqf law highlight more than ever the need for a progressive movement amongst Muslims towards meaningful participation in the democratic sphere. We need committed and competent leaders from all backgrounds who could stand up to the communal onslaught that is now the dominant order.

Zakia Soman is co-founder of the Bharatiya Muslim Mahila Andolan.