00:00Malkiyat meri, charity mein mere dena chahata hoon, aap kaun hoti hoon kehne ko nahi desakte?
00:07Yeh kaunsa kaanoon hai? Yeh choti si baat hai, yeh kaunsa kaanoon hai?
00:13Sri Kapil Sibal
00:17Thank you Mr. Thank you Chairman Sir, I rise to oppose the bill and thank you for this opportunity to participate in this debate.
00:27Main thode sankshep mein kuch mudde uthana chahata hoon, koi biwaabit baat nahi karunga.
00:34Samajh lijiye ke mere paas kuch sampatti hai, meri property hai.
00:40Main Hindu hoon, ya Musliman hoon, ya Isai hoon, ya Sikh hoon.
00:45Main usko charity mein dena chahata hoon.
00:48Toh kaun usko rokh sakta?
00:51Koi nahi rokh sakta.
00:54Aur itihaas mein, jo yeh baat aapke pe saamli rakhna chahata hoon,
00:59ke there was a right of non-Muslims also to make a waqf.
01:05Aur 1954 mein aur 1995 mein, jo praavdaan laaya gaya, usmein yeh likha gaya,
01:16ke keval Musalmanon ko waqf bana sakte hain, koi aur nahi bana sakta.
01:19Property nahi desakta.
01:21Aur 2013 mein jo sanshodan laaya gaya, yeh jo rokh thi khatam ho gayi.
01:28Ab yeh jo 2024 ka, ab yeh kanoon bana hai, usmein wapis yeh kaha gaya,
01:36ke keval Musalman hi waqf desakte hain.
01:39Yeh wo toh alag baat hai.
01:42Main keval choti si baat rakna chahata hoon.
01:45Mein as far as the 17th century,
01:48and I'll give you a judgment of the Madras High Court which observed
01:52that it is common for the Hindu zamindars
01:55to have Muslims in their territories to make Muslim endowments.
02:02Similarly, in Arur Singh v. Badar Din,
02:05Lahore High Court upheld the right of a Hindu to make waqf of his property for a Muslim graveyard.
02:12After independence, Nagpur High Court upheld the right of a non-Muslim to create waqf.
02:42Pehle paan saal Musalman bane, phir tay karna hoga ke tum waqf desakte hoon ke nahi.
02:47Arre bhai, property meri, malkiyat meri, charity mein meri dena chahata hoon,
02:54aap kaun hote hu kehne ko nahi desakte?
02:57Yeh kaunsa kanoon hai?
02:59Yeh choti si baat hai, yeh kaunsa kanoon hai?
03:02Main Hindu hoon, Hindu hokar bhi mein desakta hoon.
03:06Yeh toh meri marzi hai na, property toh meri hai, aapka toh koi haq nahi.
03:10Toh pehli baat ko yeh, ki yeh aapne praavdhan rakha kyon?
03:14Agar aap one nation, one law ki baat karte hoon, ke sare dharma pe lagu karo.
03:20Koi bhi desakta hai.
03:22Pehli baat hai.
03:24Dooji baat, ek Nadda sahab ne badi achi kahi,
03:26ki dekhiye, yeh kitne, kitni, kitni acres property waqf ki hai.
03:35Main unko batana chahata hoon, ki there are 32 waqf boards.
03:40In this country.
03:42In different states, merely supervise administration of waqf properties in their respective states.
03:48But, please note kar lijiye Nadda ji,
03:51total area of Hindu religious institutions
03:54in Tamil Nadu, Andhra Pradesh and Telangana respectively
04:00is 4,47,000 in Tamil Nadu, 4,65,000 in Andhra,
04:0787,000 in Telangana,
04:10723 acres with Tirumala Tirupati Devasthanam,
04:15and thus it comes to 10 lakh acres only in 4 states.
04:20And aap kehte hain ki, dekhiye waqf mein 8 lakh acres hai.
04:24Are bhaiya, aapki Hindu temples mein bhi itni sampatti hai.
04:28Bahaan aap kya kar rahe ho?
04:30Bahaan aap kya kar rahe ho?
04:32Baaki states mein dekho na.
04:34Acha aur ye nahi har dharam mein sudhaar nahi hona chahiye, uthaar hona chahiye,
04:37ma aapke saath samet hoon.
04:39Hindu dharam mein bhi sudhaar lana chahiye.
04:41Dhara lana chahiye na, Hindu dharam bhi sudhaar lana chahiye.
04:45Under Hindu dharam,
04:47ek minute, ek minute, ek minute.
04:51Hindu dharam,
04:53Maine aaj tak kisi ko toka nahi,
04:56Maine aaj tak kisi ko toka nahi,
04:58main kewal choti si baat rakh raha hoon aapke saamne.
05:01Hindu dharam mein bhi sudhaar hona chahiye,
05:03If there is any self-acquired property within the Hindu religion,
05:08then he can give it to his sons, but he cannot give it to his daughter.
05:12He says, I will not give it to my daughter.
05:15It is also in Islam that the brother will get more and the daughter will get less.
05:21It is also in Islam.
05:23There, it can be improved through time.
05:26Here, no improvement can be made.
05:28So if you are talking about women, then bring a law
05:33that in Hindu law, no one can give their self-acquired property only to their sons.
05:41There, women should have the right.
05:49And you give us this assurance.
05:52Give us this assurance.
05:55You make a commitment in this house
05:59that you will bring a law
06:02which will protect the rights of daughters
06:05when they want to give away their self-acquired property.
06:09This is the second thing I wanted to put before you.
06:13The third thing I want to put before you,
06:16you said, and you should know this,
06:19I don't know if I told you or not,
06:22but this board is a statutory board.
06:25It was there before.
06:27No one used to be nominated in this.
06:29I will tell you what that statutory board was.
06:32Most nominees were of the government.
06:34Even before.
06:36MPs are there.
06:37Judges of Supreme Court, High Court.
06:39Civil servants were there.
06:41And the chief executive officer of the board is a civil servant.
06:45Government can give directives to the board and even supersede it.
06:49Tribunal members are nominated by the government.
06:51This was the situation before.
06:53So if the government was there,
06:55who was doing the wrong thing?
06:57Why did you supersede it?
07:00Why did you keep all the nominees?
07:02It was a statutory board before.
07:05So why did you bring this provision?
07:08If there was a mistake, it was due to Mutwali.
07:11What used to happen was that Mutwali used to deal in this waqf.
07:16And because of that, this mismanagement used to happen.
07:20You should rectify it.
07:22We are with you.
07:24I remember the first time.
07:26I think it was 1954.
07:28Brahmin of Tamil Nadu said that there is a lot of confusion in our temples.
07:36And because of that, the 1954 Act was made.
07:40So there will be confusion everywhere.
07:43There is a lot of confusion in your government as well.
07:46So what did you do?
07:53It is very interesting.
07:55You gave everyone 15-20 minutes.
08:01Give me 10 minutes.
08:03I don't ask for more.
08:05We are talking about the issue.
08:07We are not talking about politics.
08:09Mr. Nadda said that we are not talking about politics here.
08:12Because it is a question of the future of the country.
08:15The other thing I want to say is that
08:17earlier there used to be an encroachment on the waqf property.
08:21There used to be an unauthorized encroachment.
08:25And the government used to take over it.
08:27That is why the limitation provision that was brought was that
08:32the 12-year limitation in the ordinary law is not there.
08:35Someone took over the waqf property in a wrong way.
08:38So if there is a question of limitation,
08:40he cannot challenge it after 12 years.
08:44You have brought back the limitation.
08:46It means that their unauthorized encroachment will remain.
08:49So you are supporting the encroachments.
08:53You are supporting the encroachers.
08:55It means that the waqf property that has been wrongly seized,
08:58will remain the same because 12 years will pass.
09:00What kind of policy is this?
09:02Are you protecting the waqf property or the encroachments?
09:08Along with this, you have said that
09:10the district magistrate has the full power to decide
09:14as to whether it is waqf property or not.
09:17This is what you have said.
09:19Now, what inquiry will the district magistrate have in that case?
09:23He will decide on his own.
09:24And his decision is final.
09:26You were talking about Article 21 of the Constitution.
09:29It said that how can the decision of the Waqf Council be final?
09:34How can the decision of the Waqf Board be final?
09:36It cannot be challenged in a civil court.
09:38Which decision of the district magistrate will you challenge in a civil court?
09:42You have said in this law that the decision of the district magistrate is final.
09:46And when he decides that this property is not waqf property,
09:50that cannot be challenged.
09:52Till he gives a final decision.
09:54So you can't deal with that property.
09:56You give finality to it.
09:58And you have said that the decision of the Waqf Tribunal is final.
10:07You have said this.
10:09Now, if the decision of the Waqf Tribunal is final,
10:13then the civil court has no right to challenge it.
10:17This is the same thing in the Hindu Endowments Act.
10:20The decision of the Hindu Endowments Act management is final.
10:26Thank you, Kapilji.
10:27If the decision of the Hindu Endowments Act is final,
10:30then you have no objection.
10:32If the decision of the Tribunal is final, then you have an objection.
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