WAQF AMENDMENT, SOCIAL COHESION AND INDIAN STATECRAFT

WAQF CONTROVERSY: EXPANDING CHASM OF  EMOTIONS

Controversy around Waqf Amendment Act refuses to die down. Nation-wide protests continue to persist. A host of Muslim groups have been mobilising the community against the Act through emotive appeals.  

Most of the Anti-Waqf Act protests have remained peaceful. But the protest in West Bengal has been particularly violent. Officially only 3 persons have been killed and over 150 are injured. But more importantly, there has been a mass exodus of Hindus from certain Muslim dominated areas, especially Murshidabad. houses and shops have been burned down. Gangs of Muslim youth have attacked Hindu families in several neighborhoods. The actual figure of casualties or people impacted in the disturbances may be higher. Even in Tripura, scores of policemen have been injured. Emotive protests and stray incidents of violence have surfaced in many parts of the country. 
As per media reports, Muslim groups have filed 73 petitions in the Supreme Court of India. Though the entire Act has not been stayed, the court has granted major reliefs to the community, restraining the Govt from de-notifying the properties under occupation of Waqf Boards. 

But irrespective of all other issues, the controversy has managed to polarize emotions, fracturing our already fractured social cohesion. Even a former Muslim Chief Election Commissioner, who has always been measured in his utterances, has described Act as an attempt to grab Muslim lands.  Similarly, most Hindu nationalist groups have been equally vociferous in condemning those opposing the recently amended Act. One MP has gone to the extent of blaming Chief Justice of India for internal turmoil in the country over this issue.  Such disappearance of sanity or sense of responsibility from public spaces of India is dangerous for long-term health and well-being of Indian state and society. 

SYMPTOM OF DEEPER UNDERLYING MALAISE?

    The Waqf act in the previous format, especially after 2013, was definitely vulnerable to abuse. It offered a virtual license to Waqf Boards of the country to grab both private and public lands. The boards itself were vulnerable to take-over by land mafia and organized criminals through their proxies. This was especially given the overall dysfunctionality of Indian criminal justice system. 

But probably the Govt seems to possess neither the credibility to persuade the Indian Muslims nor the technical and professional capacities to smoothly handle a contentious issue like this. 

Communication is one of the most difficult sciences and a complex art. Confrontation always backfires. Only a unique cocktail of persuasion and pressure can push through a big idea like amendment or even abolition of Waqf Board and communalism or covert war in its disguise. A sagacious leadership, adept at the art of communication, can push through something like this with minimal use of force, if it is driven by the objectives of governance and security of society, rather than exploiting fissures within the society for political gains. 

Certain sections of Muslim intelligentsia and civil society groups have come out in support of the Act. But by and large, substantial sections of Muslim population are opposed to the recent amendment in the Waqf Act. Nevertheless, approach of this minority among the Muslim community is a silver-lining amidst this larger atmosphere of despair and hopelessness on front of societal cohesion and radicalisation of the community. Hence the trust of this section of Muslim intelligentsia and masses- who are opposing Islamic radicalism out of their commitment to eternal values, ethos and symbols of this country- in the Indian systems must be protected under all circumstances. 

Given the unique identity and geopolitics of India, the option of identity driven parochialism in name of Hinduism does not exist for any sane Govt in this country. At the same time, those who are abetting Islamist parochial sentiments are certainly playing with fire and threatening security of the country.  

Some of the hardline Muslim clerics and Islamist politician have found the Waqf controversy a Godsend opportunity to make a political capital out of it or consolidate their grip over their community. Some of opponents of Waqf Act also face charges of ingenious methods of grabbing land and resources in name of the community only for their private enrichment and personal empowerment. But would that have been possible without gaps in our institutions and larger weaknesses in our regulatory capacities or criminal justice system? 

SEEING THE ISSUE FROM PERSPECTIVE OF NATIO NAL SECURITY:

These elements have left no stone unturned to describe the recently amended Waqf Act as attack on their religion and its practices. However, the charter of Waqf is restricted only to charity and social welfare through assets or properties donated to Waqf Board. The entire controversy arises from the fact that in the prevailing atmosphere of fragile institutions and societal distrust, there is a strong perception that a lot of these properties were unlawfully grabbed in the name of religion. Some of the so-called Waqf boards in states have been making preposterous claims over public and private properties. Simultaneously, there is little or no check over abuse of these properties for private gains. 

Many see a red flag situation when the Waqf Act of 2013 was brought in. It appeared extension of larger civilisational war in name of Islam. It offered unrestrained powers to Waqf Boards to claim any land and there was effectively no redress, given the sluggish pace of our judiciary and near impossibility of getting justice from most Indian courts. There are strong indicators that suggest that efficiency and integrity of Indian courts have been deliberately rigged as part of larger disguised war.   

Even at height of terrorism in the name of Islam, there were senior functionaries of Indian state who were painting the monster of so-called Hindu terrorism. This narrative had reached far and wide within the international community. The world had started talking about the dangers of Hindu terrorism without any logical basis. But any counter-terrorism professional would know that without a global network of organised crime groups, state support and sanctuaries across regions and wider supply of violently brought up youthful population, no organised terrorism is possible in name of any faith. 

Hindu hardline groups lacked all of the above. Of course, when state was failing to contain the threat of Islamic terrorism, and many among secularist political formation appeared to encourage or abet this war against unarmed and defenceless civilians, there was some counter-reaction from some stray Hindu groups. However these must not have been tolerated and yet these fell way short of terrorism.  

What happened subsequently is history. Victory of PM Modi led political forces, with backing of RSS, stemmed the ascendance of Islamist forces. But the threat has not been eradicated. In fact, organised criminals and their collaborators hiding within the system appear to continue to target some of the top professionals who could threaten them. Both the executive and the courts have been moot spectators, if not active collaborators, in such covert and indirect assault on capacity of Indian state to fight back and subjugate forces of radicalism and organised crime.

This only reflects the enormity of covert prowess and capacity for clandestine warfare developed by radical groups on Indian soil. Under patronage of various invisible and opaque global entities, they have relentlessly waged an unrestricted, all out and all-pervasive warfare targeting our systems, societies and psyche.

It is important that this war is fought smartly and won at sustainable costs. This must not be done for the sake of establishing the so-called supremacy of any faith or identity over the or the rest. Hindu counter-reaction to Islamic radicalism is not the solution. But effective security to citizens and integrity of all our institutions is critical for wider peace, security and prosperity of people not only within our borders but in this region and even beyond. 

Hence, every tactical effort has to be made to deny opportunity to anyone to use Waqf controversy to peddle any divisive agenda, it is important that we ensure integrity, dynamism and resilience of all our institutions of governance to safeguard our security as a nation.                                                                                             (1700 words approx)

                                                         

NEED TO APPROACH THE ISSUE WITH TACT 

If we carefully examine the Waqf controversy, especially the tone and tenor of certain hardline Muslim clerics and politicians, they may appear to be fracturing our social cohesion. But so may be their counterparts from the Hindu hardline side. Irresponsible statements are no substitute for firm state action and responsible social initiatives to eradicate Islamic radicalism. 

Identity is an emotive and delicate issue. An identity driven issue needs be handled with utmost tact and caution involving appropriate degree of pressure and persuasion, which varies as per context. 

    Indian state needs to approach the threat of Islamic divisive identity from its eternally humanistic ethos of statecraft rather than clerical and legal approach. Any effort to ape the hardliners on the Islamist side by creating a lobby of Hindu parochialists shall be too counter-productive. There may not be simplistic black and white solutions in this direction. 

Imposition of 2013 version of the Act appeared an extension of identity driven war against India. A reckless handling of the matter shall have same negative consequences for our social cohesion. Probably what may be missing here could be overall crisis of credibility of the ruling dispensation among the Muslim community. This is an unfortunate and unavoidable dimension of our political equilibrium. 

Govt's focus on Waqf appears has also faced criticism for its misplaced priorities. There is lot of substance in the contention that India should have given priority to drastic overhaul in its criminal justice system as well as our entire social, political and administrative ecosystem. With repeated exposure of corruption in higher echelons of judiciary and virtual break down in justice delivery mechanism of the state, amidst instances of brazen poor governance and normalization of corruption and dishonesty, no amendment or enactment is going to be effective.  Hence more than anything, we need a larger consensus and tact to push for major reforms rather than clerical management of situation.  

WAQF AS A PRETEXT TO RAKE UP IDENTITY-DRIVEN DIVIDE

How critical is Waqf or Auqaf as part of Muslim religious practice is debatable. The history of an Act on Waqf properties in India is barely a little over hundred years old. Waqf was more of an informal tradition rather than an institutionalised and integral component of religion. Many see it as extension of Zakat or charity after the life time. Many donors of Waqf  have been non-Muslims in the past. Whether the beneficiaries of these properties, especially in a multi-religious or multi-identity society should only be Muslims is also debatable. The same applies to religious and welfare properties of members of other faith. When it comes to charity, the beneficiaries must be need driven. Any attempt to create separate enclaves for members of different faiths shall only fracture our cohesion.

I doubt that any Gurudwaras or even older temples that feed needy differentiate people on the basis of identity. Their beneficiaries cut across identity divides. Nevertheless, no beneficiary should condemn the benefactor and no benefactor should discriminate among beneficiaries. In a multi-religious and multi-cultural society and state like ours, there must be few members of other faiths in every welfare or charitable body run by members of other faith. This will bolster larger inter-community amiability, trust and cohesion.

NEED FOR A BI-PARTISAN DISCOURSE ON ISLAMIC RADICALISM

What is worrying that political polarisation over the issue Waqf is not about an Act but the larger space that we are ceding as society to Islamic radicalism. This is especially given our own social, political and larger geopolitical context.

Opposition parties are opposed to the Act over political considerations rather than merit of the Act. They derive big strength from their near monopoly over Muslim votes that account for a sizeable proportion of the electorate. Ruling party has a legitimate argument that for the same of this constituency, they have been helping the monster of radicalism raise its head and annihilate our society. They may not be entirely correct but may not be completely off the mark either.  

Hindu votes have never been politically cohesive until the current ruling dispensation succeeded in mobilising a majority of them to create a winning formula for itself. They know that hard core Hindu votes are never going to desert the ruling party. The entire contest shall be confined to floating votes among Hindus, some of which may migrate to opposition over frustration with bad governance and sheer anti-incumbency sentiments. 

There is a popular perception that irrespective of all considerations, overwhelming majority Muslim votes shall always remain opposed to the ruling party.   Hence the political fault-lines appear unbridgeable. 

Given the larger distrust of the Muslim community towards the ruling party, and consistently confrontational approach of the latter, filled with direct stoking of anti-Muslim sentiments, the overwhelming majority of this community shall always remain suspicious of the ruling dispensation. Of course, the underlying issues for the same may be far too complex. 

But there appears a credible logic in the allegation that the action of the ruling dispensation is neither aimed at remedying the gaps in the Waqf management nor in eradication of Islamic radicalism from India and beyond. It is also somewhat defensive and tentative on entire issue, despite passing the Act. 

The distrust is not confined to one between the Govt and Muslim community alone. It persists even between the Govt and opposition of India. The two appear to share such an association of irreconcilable squabble and distrust that one worries that our political class may struggle to act cohesively even on the most critical issues of national security and governance.  

SOCIETAL AND NATIONAL COHESION ARE SACRED 

Here the issues at stake are more than mere an Act. Societal cohesion of India has always been under threat over this identity divide.  But the present discord over Waqf Act is going to further fracture this social divide. Any attempt to address the issue by coercion, propaganda and subversion or manipulation of institutions – instead of sophisticated cerebral capacity to nudge the society through finest principles of statecraft, relying upon deft management of mass psychology- shall be counter productive. 

Governance and statecraft are not the domains of weak-hearted or power-drunk with capacity to coerce and subvert. It is also not the domain of clerical or legal geniuses.

Credibility is most important tool of communication. It is the capacity to assess and persuade the critical segment of the stakeholders that constitutes the bedrock of statecraft. India's entire political-governance system is suffering from various shades of dysfunctionality and subversion.

Waqf Amendment Act was very much required. What is more important that all issues are tactfully addressed in manner that involves minimum resistance. Probably, we have ignored certain more critical areas and issues that still require greater focus and attention.

There is no substitute to sustained and serious reforms in all our key institutions to optimize their all-round output. To build a better synergy among individuals and societies. This is a broad concept. Its details need to be consistently worked out and evolved, using ingenuity of leaders and doers.  

(Edited)