The Waqf (Amendment) Bill that has now come into force will effectively take control of any Waqf (Charity) property from the Muslim community wherever there is a dispute.

“For example, Sambal mosque will be affected and will now come under the control of the Archeological society of India,” explains Shadan Farasat, senior advocate in the Supreme Court in this podcast discussion with Sidharth Bhatia.

“It could be very problematic going forward” because in any dispute arising with a government agency, the community is bound to lose control of the Waqf property, says Farasat.

“From the community’s perspective, it is important to use the existing Waqf properties well.” At the same time, it should be challenged in the courts, he adds.

“Some provisions are unconstitutional.” Farasat says the passing of the bill will have political implications – “certainly there will be an impact in Bihar, where elections are due later this year.”

The Janata Dal (United) of Nitish Kumar, a part of the coalition with the BJP, had voted in the Bill’s support.

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