Table of Contents
Analysis of The Hindu Editorial 1: The Waqf Bill 2024 is one that needs review
Introduction: A Constitutional Perspective
The Waqf Bill 2024 has raised concerns due to procedural flaws and outdated provisions that conflict with established principles. According to Article 26 of the Indian Constitution, every religious group has the right to manage its own religious affairs, including the acquisition, ownership, and administration of property. Further, Article 13(2) forbids the state from enacting any laws that infringe upon these rights, rendering such laws void.
Procedural Flaws and Community Representation
The Waqf Bill 2024 is criticized for infringing on these constitutional rights by proposing changes that affect community management of religious endowments. For example, the Uttar Pradesh Sri Kashi Vishwanath Temple Act of 1983 excludes non-Hindus from the temple’s management, ensuring that leadership remains within the religious community. Similar provisions exist in other states, highlighting the importance of religious self-governance.
Even the Religious Endowments Act of 1863 emphasizes that committee members managing religious establishments must belong to the relevant faith. For instance, Sikh and Christian properties are governed by their respective communities, free from state interference.
Controversial Proposals in the Waqf Bill 2024
The Waqf Bill 2024 introduces several controversial provisions. The Ministry of Minority Affairs proposes reserving two seats in the Central Waqf Council (CWC) and all State Waqf Boards for non-Muslims. Additionally, it suggests removing the requirement that a majority of seats in these bodies be held by Muslims, undermining the principle of community-led management of religious properties.
Lessons from Past Waqf Reforms
The proposed changes seem disconnected from earlier efforts to improve waqf governance. The Joint Parliamentary Committee on Waqf (1996-2006), for example, worked for nearly a decade, gathering extensive data from stakeholders across India to draft the Waqf (Amendment) Act of 2013. This act strengthened waqf administration, ensuring transparency and community involvement.
However, the Waqf Bill 2024 appears to roll back many of these improvements. Unlike previous consultations, the new bill was drafted without significant input from key stakeholders such as the CWC, State Waqf Boards, or Muslim organizations, further deepening concerns about the bill’s lack of transparency and inclusivity.
Dysfunction in the Central Waqf Council
A significant issue lies in the CWC itself. The council, which should play a pivotal role in waqf management, has been left partially dysfunctional for the past two years. Its membership, legally mandated to consist entirely of Muslims, has been left incomplete, with only a chairman in place. Even the position of the CWC Secretary, which must be filled by a Muslim, has been vacant, with the role temporarily assigned to a non-Muslim officer.
This neglect violates Section 9 of the Waqf law, which mandates a fully functional CWC. The new bill, drafted without addressing this issue, has further alienated the Muslim community, whose voice should have been central to the waqf governance process.
Recommendations for a Democratic and Inclusive Approach
For the Waqf Bill to be effective, the Ministry of Minority Affairs must reconstitute the CWC following the existing waqf law. A newly appointed CWC should engage with stakeholders, including State Waqf Boards and Muslim organizations, to ensure that decisions are based on comprehensive data and input from the community.
The CWC has long been responsible for overseeing important tasks such as monitoring waqf property management, auditing financial performance, and preventing encroachments. The bill’s failure to address these essential functions has caused delays and inefficiencies, further complicating waqf administration across India.
Changes in Waqf Board Composition
One of the most controversial proposals in the bill is to reduce Muslim representation in the CWC and State Waqf Boards to less than 50%. Additionally, the requirement for CWC Secretaries and CEOs of State Waqf Boards to be Muslim has been removed. These changes directly conflict with constitutional articles ensuring the right of religious communities to manage their own properties, as outlined in Articles 15, 25, 26, and 29.
Women’s Representation: Clarifying Existing Provisions
There is confusion surrounding the proposal to include at least two women in the CWC and State Waqf Boards. This requirement was already implemented in the Waqf Amendment Act of 2013 and notified in the government gazette. The Ministry needs to clarify whether this proposal seeks to introduce new changes or simply reiterates existing law.
Waqf Tribunal and Encroachment Concerns
The Waqf Bill also proposes to remove the expert on Muslim law from the Waqf Tribunal, weaken penalties for encroachment, and eliminate the finality of tribunal orders. Additionally, it restricts State Waqf Boards’ authority to act against encroachments, which could lead to increased violations of waqf properties.
Re-Registration and Donor’s Will
Another alarming change is the proposal to require all existing waqfs to re-register, even those established centuries ago. Failure to provide original deeds could result in the denial of legal rights. The bill also seeks to discontinue the practice of honoring the donor’s will (Mansha-e-Waaqif), removing protections for waqf properties under the Limitation Act that are still available for similar properties of other faiths.
Conclusion: A Call for Reconsideration
The Waqf Bill 2024 suffers from procedural errors, a lack of stakeholder consultation, and retrogressive steps that weaken the administration of waqf properties. It is imperative that the bill be returned for revision, ensuring that it respects the rights of the Muslim community and adheres to constitutional principles. A more collaborative and inclusive approach is essential for the successful reform of waqf governance in India.
Analysis of The Hindu Editorial 2: In France, a summit for diplomacy, technology and diversity
Introduction: France at the Helm of International Diplomacy
France is set to host a pivotal event that will shape global discourse— the 19th Francophonie Summit, taking place on October 4-5, 2024, in Paris and Villers-Cotterêts. Bringing together more than 100 world leaders, diplomats, and high-level officials, this summit will explore pressing international concerns such as the renewal of multilateralism, the evolution of Artificial Intelligence (AI), and the importance of promoting cultural and linguistic diversity. These priorities align closely with those of countries like India, underscoring the shared global stakes.
Embracing Francophonie and Cultural Diversity
As the renowned Senegalese leader Léopold Sédar Senghor once said, “Francophonie is the integral Humanism,” capturing the spirit of the organization’s values. The summit’s message is clear: multilingualism and cultural diversity are not barriers but bridges that foster collaboration and collective progress. These ideals resonate far beyond the French-speaking world, including regions like Puducherry in India, which share similar priorities.
Bridging the North-South Divide
The Organisation Internationale de la Francophonie (OIF), established in 1970, has long served as a platform for collaboration among countries that speak French. Prominent figures like Léopold Sédar Senghor, Habib Bourguiba (Tunisia), Hamani Diori (Niger), and Norodom Sihanouk (Cambodia) were instrumental in its founding. The organization’s mission is to promote the French language, while also facilitating cooperation among its 88 member states, including 54 full members, seven associate members, and 27 observer states.
A Commitment to Cooperation and Democracy
From the beginning, La Francophonie has been an inclusive forum where nations with diverse cultures and political systems collaborate. Its goals extend beyond language promotion to support democracy, peace, and economic prosperity, while reducing inequalities between the Global North and South. Under the guidance of Secretary General Louise Mushikiwabo, the OIF has also championed issues like digital transformation, gender equality, and economic cooperation.
Renewing Multilateralism: A Central Focus
As the world becomes increasingly fragmented, the Francophonie Summit will address the urgent need to renew multilateralism. For the first time in over three decades, France is hosting this major event, under the theme “Create, Innovate, and Do Business in French”. What sets this summit apart is its approach—by encouraging dialogue between civil society and government officials, the event aims to foster innovative solutions and new pathways for cooperation.
France’s Global Vision: Supporting India’s Role
In line with its global vision, France has been a vocal supporter of India’s bid for a permanent seat on the United Nations Security Council. French President Emmanuel Macron has consistently called for reforming international institutions, making them more representative and capable of tackling modern challenges. This includes pushing for comprehensive reforms of the World Bank and International Monetary Fund (IMF) to address the evolving needs of the global economy.
Addressing Global Challenges: Climate, Health, and Inequality
President Macron has emphasized the importance of revamping international institutions to address challenges such as climate change, biodiversity preservation, global health, and the growing economic divide between North and South. The Francophonie’s commitment to multilateralism and collective action is seen as crucial in addressing these global issues, ensuring that institutions remain relevant and effective in today’s context.
The Role of Digital Technology and AI
One of the key discussions at the summit will revolve around the impact of digital technology, particularly the rapid rise of AI. AI poses both opportunities and challenges, especially in terms of protecting cultural diversity and linguistic rights. Ensuring that citizens’ rights are protected in their native languages is vital, and AI can be a transformative tool in enabling multilingual communication, including for French and other languages.
Looking ahead, France plans to build on these discussions by hosting the AI Action Summit in February 2025, further cementing its leadership in shaping the future of AI and digital governance.
Opportunities for India: Tech and Innovation on the Global Stage
On the sidelines of the Francophonie Summit, the inaugural FrancoTech Fair will bring together over 150 exhibitors from around the world to discuss some of the most pressing challenges, including AI development, energy transition, education, and human capital. This event presents a unique opportunity for Indian entrepreneurs and innovators to engage with Francophone partners, opening doors for international collaboration in areas critical to India’s growth and development.
Conclusion: A Path Forward for France and India
The 19th Francophonie Summit highlights issues that are of mutual interest to both France and India, from multilateralism and AI innovation to the promotion of cultural diversity. Upcoming events such as the Paris AI Action Summit in 2025 and the India-France Year of Innovation in 2026 offer exciting opportunities to push forward collective solutions in these key areas. By working together, these nations can foster a more inclusive and technologically advanced global society.