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Saturday, November 23, 2024

Study Exposes Myth of Growing Waqf Properties: Delhi’s Graveyards Shrink Dramatically From 700 to 115

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Anwarulhaq Baig

NEW DELHI: Amid false propaganda about the rapid increase of waqf properties in India and the contentious waqf amendment bill, a study by the Delhi Minorities Commission reveals that the number of functioning Muslim graveyards in the national capital has dramatically fallen from 700 to just 115 due to encroachments and burial restrictions, creating a severe shortage of burial space despite the establishment of new cemeteries in developing colonies.

Delhi Minorities Commission Study Compared to Recent Urdu Daily Report

According to a study titled “Problems and Status of Muslim Graveyards in Delhi,” conducted by the Delhi Minorities Commission in collaboration with the Human Development Society, there were once 704 Muslim graveyards scattered across various parts of Delhi according to revenue records and gazette notifications. However, the study’s findings present a grim picture: only 131 of these graveyards remain functional today. Even more concerning, 16 of these 131 graveyards are non-operational due to various issues, including litigation, community opposition, poor landscape conditions, and waterlogging.

The issue has recently gained significant attention, as Indiatomorrow.net published a comprehensive report on the study. This comes amid false narratives circulated by right-wing groups concerning Islamic endowments, including mosques, madrassas, and graveyards in India.

Concerns within the community have intensified further over Muslim burials following another report published in Urdu Daily Inquilab a few days back indicating that, out of 488 graveyards listed in the Waqf Gazette Notification of 1970, only 20 to 22 are currently available for burials, despite new cemeteries being established in various colonies. According to the Urdu daily report, some graveyards in Delhi, like those at Delhi Gate, Mahdiyan, Dargah Khwaja Baqi Ballah, and Qabristan of Panch Piran, still contain graves that are 150 to 200 years old. The trend of constructing permanent graves is growing among the city’s elite, who pay substantial amounts for these spots—up to one lakh rupees in Mahdiyan and 30,000 rupees for a family grave in Dargah Khwaja Baqi Ballah. This practice is spreading among the common Muslims as well. If this trend continues and burial permissions in Hindu-Muslim mixed-population areas remain restricted, it is projected that by 2035, burial space in the national capital will be exhausted. The situation is worsened by the fact that some graveyards, like the one in Geeta Colony, are no longer allowed to conduct burials due to pressure from the majority Hindu community, and similar restrictions are reported in Narela, Bawana Zone, and Sarai Kale Khan. Additionally, about 450 graveyards in Delhi have been encroached upon, with government buildings or parks constructed on their sites.

In conversation with our correspondent, renowned scholar, Muslim leader, and president of the All India Muslim Majlis-e-Mushawarat, Dr. Zafarul Islam Khan, who had previously published a comprehensive study on the condition of Muslim graveyards in Delhi during his tenure as chairman of the Delhi Minority Commission, largely endorsed the report but expressed doubts about the accuracy of the figure 22.

Dr. Zafarul Islam commented on the Urdu daily’s report: “I do not think that the figure of 22 is correct. There may be a slight decrease, but such an unusual decrease is unthinkable. People are now very conscious about the graveyards that remain. People have bought land to create new graveyards, and the DDA has allocated some land for this purpose, such as in Dwarka. The UP government, during the Samajwadi rule, gave away part of its land in Abul Fazal Enclave part II to be used as a graveyard.”

This study, carried out by the Minority panel and released by Delhi Chief Minister Arvind Kejriwal in November 2018, finds that out of the 131 functioning graveyards, 16 are not operational due to litigation or other issues such as local communities not allowing burials, poor landscaping, or waterlogging. Additionally, 43 graveyards have been partially or fully encroached upon by private individuals, companies, and government agencies, including temples, the DDA, ASI, PWD, local communities, politicians, police stations, the Delhi Jal Board, the Delhi State Industrial and Infrastructure Development Corporation, and apartments. Thus, only 115 graveyards are practically operational.

‘Ghost’ and Disappearing Graveyards, amid Encroachments

The study revealed that a majority of Muslim graveyards registered with the Delhi Waqf Board (DWB) and other agencies have practically disappeared over the years. One of the primary reasons for the disappearance of graveyards is encroachment. Many graveyards, although listed, do not physically exist due to encroachment. The DWB lists 624 graveyards, but most are not traceable today. Even, the study found that out of the 131, as many as 43 graveyards have been partially or significantly encroached upon by various entities, including private individuals, companies, and government agencies. Encroached areas range from one to five bighas in 30% of the cases, with smaller encroachments in nine graveyards (21%). Larger encroachments are less common: four graveyards have between 11 and 20 bighas encroached, two each have 6 to 10 bighas and 21 to 50 bighas, and one has more than 50 bighas. The study found that 24 (56%) of the encroached graveyards were taken over by local community members or organizations. Government agencies encroach upon 10 graveyards. Reports and interactions reveal that places like the Delhi Public School on Mathura Road, Indraprastha Park on Ring Road, and the CGO Complex on Lodhi Road have been built on graveyard land. Additionally, six graveyards have been encroached by private individuals and three by private businesses. These encroachments have led to bizarre situations. For instance, a graveyard known as ‘Muslim Qabristan’ in Mubarakpur, West Delhi, has been transformed into a pond used for fishery. In another case, at the ‘Muslim Qabristan’ in Khybar Pass, Civil Line, North Delhi, a tomb and a temple have been constructed on burial ground. The Begumpur Qabristan in Sarai Shahji, near Begumpur Malviya Nagar, Shapur Jat, in South Delhi, has been encroached upon by the Archaeological Survey of India (ASI). Legal disputes between the DDA and the Delhi Waqf Board further complicate matters for some graveyards. Some notable encroachers include:
1. Other Religious institutions (namely temples)
2. Delhi Development Authority (DDA)
3. Archaeological Survey of India (ASI)
4. Public Works Department (PWD)
5. Local communities
6. Politicians
7. Police stations
8. Delhi Jal Board
9. Delhi State Industrial and Infrastructure Development Corporation
10. Residential apartments

Shrinking Spaces and Poetic Irony:

The plight of Delhi’s Muslim community in securing burial spaces evokes a poignant couplet by Bahadur Shah Zafar, the last Mughal Emperor and noted Urdu poet:
“Kitnaa hai bad-naseeb ‘Zafar’ dafn key liye Do gaz zameen bhee na mili kuu-e-yaar mein”
Translated, it reads: “How unfortunate is Zafar that he cannot get two yards of land for his burial in his beloved country!”
Though written in the context of Zafar’s exile, the couplet resonates deeply with the current crisis, where members of a community of over two million struggle to find “two yards of land” for their final rest.

The study reveals that most graveyards in Delhi are small, with 46% measuring five bighas (about 1.25 acres) or less. This limited space is under increasing pressure as the Muslim population in Delhi continues to grow. The study provides some startling statistics:
• Total capacity of all functional graveyards: 127,470
• Total vacancies in all functional graveyards (as of 2017): 29,370
• Approximate number of Muslim funerals conducted annually: 13,000

Of the 131 graveyards studied, 32 had no vacancies at the time of the report. These graveyards manage to accommodate new burials through repeated land-filling, a practice that cannot be sustained indefinitely due to the increasing height of the land.
The study provides interesting insights into the history and ownership of Delhi’s Muslim graveyards:
• 34% of the graveyards are between 101 to 200 years old
• 12% (16) are more than 200 years old
• 18% (24) are 51 to 100 years old
• 20% (26) are between 10 to 50 years old
• Only 4% (5) are less than 10 years old
This age distribution highlights the historical significance of many of these burial grounds and underscores the lack of new graveyards being developed in recent years.

Ownership of the graveyards is divided among various entities:
• Delhi Waqf Board: 624 graveyards (including those no longer traceable)
• Municipal Corporation of Delhi (MCD): 8 graveyards
• Delhi Development Authority (DDA): 5 graveyards
• Local Muslim community: 13 graveyards
• Private individuals: 8 graveyards
• Government and Gram Sabha: 13 graveyards
Besides these, although 28 graveyards not listed by the Delhi Waqf Board, are acknowledged by respondents as belonging to it. The MCD also owns three additional ones as recognized by respondents. Among the 13 owned by the government and the Gram Sabha, including the recent Shaheen Bagh graveyard in Jamia Nagar, Okhla, New Delhi. The Irrigation Department owns the Thao Haji Mohalla Qabristan in Chhatarpur, Delhi, while the Jamia Millia Islamia University owns the Batla House Qabristan. The Delhi Cantt. Qabristan is owned by the Delhi Cantt.

Nearly half of the existing and functioning graveyards are owned by the DWB (62 or 47%), followed by community ownership, personal ownership, MCD, and DDA in descending order.

District and Area Wise Distribution
The report identifies that 46 graveyards are located in inhabited colonies, with five being non-functional. The working 131 graveyards are unevenly distributed across Delhi’s 11 districts:
1. South Delhi: 33 (25%)
2. North West Delhi: 19
3. North Delhi: 17
4. South West Delhi: 11
5. North East Delhi: 10
6. West Delhi: 9
7. East Delhi: 9
8. South East Delhi: 8
9. Central Delhi: 6
10. Shahdara: 5
11. New Delhi: 4

This distribution highlights the concentration of burial grounds in certain areas, potentially creating difficulties for Muslim communities in districts with fewer graveyards.

Solutions  and Urgent Measures needed 
The study identifies several challenges facing Delhi’s Muslim graveyards and proposes potential solutions. According to the study, encroachment is a major challenge leading to the shrinking of space for graveyards. The report emphasizes the urgent need to remove encroachments from graveyard lands. It suggests that the Government of NCT Delhi should prioritize this action, implementing it with firmness yet sensitivity. It suggests, “removal of encroachments should be conducted with both firmness and sensitivity, with displaced occupants provided alternate land or housing.”

The study calls on the Government of NCT Delhi, in consultation with the Delhi Waqf Board, Delhi Minorities Commission, and other concerned agencies, to initiate measures for retrieving hundreds of lost graveyards in the city.

Given the acute shortage of burial space, the study implicitly suggests the need for developing new graveyards to accommodate the growing Muslim population.

The study also highlights that while some graveyards have maintenance committees, most (85 or 65%) lack dedicated maintenance staff. Only 24 graveyards (18%) have one person for maintenance, 7 have two, and 9 and 6 have three or more persons, respectively. To address this, it recommends establishing proper management committees and hiring personnel for day-to-day upkeep. To improve the functionality of existing graveyards, the study suggests several measures:
• Construction of boundary walls
• Installation of street lights
• Deployment of security guards
• Provision of water tanks
• Creation of spaces for namaz-e-janaza (funeral prayer)
• Construction of rooms for caretakers/guards
• Development of footpaths
• Construction of entry gates
• Land clearing and maintenance

As the clock ticks on the remaining burial spaces, the words of Dr. Zafarul-Islam Khan serve as a warning, “This study is an eye-opener. It reveals that a majority of Muslim graveyards registered with the Delhi Waqf Board (DWB) and other agencies have practically disappeared over the years. Public and government agencies have occupied or encroached upon these graveyards, and no new land is being allocated for qabristans in town-planning schemes.”

Debunking False Narratives
In spite of this alarming situation regarding Muslim graveyards, various false narratives are being spread. One such false narrative, which even mainstream media are covering, claims that waqf boards across the country have seized large amounts of public or government land and declared them waqf properties. This narrative implies that if a waqf board claims any property, it automatically becomes waqf property.

Rejecting these claims, MP and member of the Joint Parliamentary Committee (JPC) on the Waqf Amendment Bill, Syed Nasser Hussain, asserts that exaggerated claims have been made that waqf lands total “nine lakh acres,” a figure he dismisses as part of a broader attempt to “communalize” and “polarize” the issue. Hussain asserts that India’s large Muslim population, estimated between 320 to 350 million, naturally results in the presence of mosques, cemeteries, and Eidgahs in many villages. He points out that even with estimates of land use for cemeteries alone potentially reaching 6.5 to 7 lakh acres, the actual total could be around 13 lakh acres when including Eidgahs.

Former Special Chief Secretary of Telangana and OSD Waqf, Md. Shafiquzzaman, rejects the narrative that waqf boards hold the third-largest land bank in India. He notes that available data, based on Sachar Committee estimations, suggests the total area under waqf properties is around six lakh acres. In his recent article published by the muslimmirror.com, he contrasts this with Hindu endowments, which hold significantly more land, further discrediting exaggerated claims about waqf property sizes. The former official writes “Tamil Nadu Hindu endowments hold approximately 4,78,000 acres and Andhra Pradesh Hindu endowments account for approximately 4,68,000 aces of land. These two states alone hold more than 9,40,000 acres of land which is more than Waqf land in the whole country.”

Explaining the method of the study, Dr. Anil Kumar Das, Director of the Human Development Society (HDS), writes in the preface: “Human Development Society, with over 14 years of experience in exploratory research and project evaluation, was tasked with conducting this study. HDS visited graveyards across all 11 districts of the NCT, assessing their physical infrastructure and functional dynamics. The report, which includes interactions with the Muslim community, aims to address the issues identified and provide actionable recommendations.”

The disappearance of Muslim graveyards in Delhi is more than just a logistical problem. it is a crisis that touches on issues of minorities’ rights, urban planning, heritage preservation, communalism and religious rights. The study’s recommendations provide a roadmap for addressing this crisis, but implementation will require coordinated efforts from government agencies, community leaders, and civil society. The retrieval of lost graveyards, development of new burial grounds, and protection of existing ones are crucial steps in ensuring that Delhi’s Muslim community can continue to honour their dead with dignity.

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