Research For Equitable Properties Act 2025 in India in English

 

"Equitable Property and Family Practices Act, 2024"

_________________________________________

Objective

• To ensure equitable use and management of Waqf properties while protecting rights across communities.

• To establish a unified legal framework for family and property practices, to foster equality and reduce communal tensions.

• To assess and address the implications of polygamy and its effects on inter-religious harmony within the framework of Indian constitutional laws.

__________________________________________

Key Provisions

Part 1: Waqf Property Management

1. Transparent Governance:

o Mandate digitization of all Waqf properties accessible to the public.

Independent regulatory bodies to audit Waqf property usage and income annually.

2. Utilization for Public Welfare:

o Allocate a portion of Waqf income to inter-religious community development projects.

Provisions for leasing or selling of Waqf properties for essential public services like hospitals, schools and infrastructure.

3. Protection against misuse:

o Strict penalties for illegal seizure or misuse of Waqf properties by any person or institution.

Court-monitored committees to resolve disputes related to Waqf land ownership in a transparent manner.

__________________________________________

Part 2: Addressing Polygamy Practices

1. Unified Marriage Code:

o Introduce a uniform marriage law applicable to all citizens, ensuring equality and justice in marital relations.

o Polygamy is permitted only in exceptional circumstances, with prior approval from the Family Court, considering:

 Consent of the existing spouse(s).

 Financial stability to support all spouses and children.

 Documentation of fair treatment of all family members.

2. Women’s Safety:

Enhanced protections for women under polygamous arrangements, including inheritance rights, maintenance and access to marital property.

o Mandatory counselling for individuals considering polygamy to ensure informed decisions.

3. Promoting legal monogamy:

o Financial incentives for families following monogamous practices.

o Educational campaigns to promote the benefits of monogamy in family harmony and economic stability.

__________________________________________

Part 3: Solutions to Inter-Community Conflicts

1. Adjudicating property disputes:

o Establishing fast-track courts to resolve disputes between waqf properties and other community rights.

o Encourage mediation and arbitration on disputes.

2. Promoting unity:

o Cross-community councils to foster dialogue and resolve issues amicably.

o Government-approved cultural exchange programs to bridge the gap between communities.

__________________________________________

Implementation Mechanism

1. Formation of Monitoring Bodies:

o “National Property Tribunal” comprising legal experts, religious leaders and community representatives.

“Family Practices Advisory Board” to monitor the implementation of polygamy-related provisions.

2. Public Awareness Campaigns:

o Disseminate information about the provisions of the Act to ensure widespread understanding and compliance.

3. Judicial Remedies:

o High Courts to monitor compliance with the Act with the facility to file appeals in cases of grievances.

__________________________________________

Conclusion

The Act aims to create a balanced framework that addresses the challenges of waqf property management and polygamy and fosters inter-religious harmony. By prioritizing fairness, transparency, and community welfare, this Act seeks to reduce tensions and promote equitable solutions for all citizens.

Part 1: Management of Waqf Assets

1. Transparent Governance

• Digitization of Waqf Assets:

All Waqf assets, their historical records, ownership details, and current usage should be digitized and made available through an online platform.

o This ensures transparency, prevents illegal occupation, and helps in monitoring revenue generation.

• Independent Audits:

o Create a regulatory body independent of political or religious influence to audit Waqf assets.

o Annual reports detailing income, expenditures, and asset usage should be published.

2. Use for Public Welfare

• Revenue Allocation for Public Services:

Waqf revenues can be allocated to build schools, hospitals, or community centers that are accessible to all communities.

o A certain percentage (e.g., 20-30%) of waqf income should go towards inter-faith development projects.

• Leasing for public utility:

o Allow underutilized waqf properties to be leased for development projects (roads, hospitals, etc.) under strict legal agreements to prevent exploitation.

3. Protection against abuse

• Penalties for encroachment:

Any person, entity or institution found illegally occupying waqf property will face stiff penalties including fines and imprisonment.

• Dispute resolution committees:

Ownership or use of waqf property Establishing judicial or quasi-judicial bodies to resolve disputes.

_________________ Part 2: Addressing polygamous practices

1. Unified Marriage Code

• Universal Framework:

All citizens should be bound by a single marriage law, ensuring equality across religions.

Exceptions to polygamy should be strictly regulated under judicial supervision to ensure legitimacy.

• Court approval of polygamy:

Individuals seeking multiple marriages must present:

 Consent from existing spouse(s), recorded and notarized.

 Proof of financial stability to support additional spouse(s) and children.

 Records of equal treatment of all family members.

2. Safety for Women

• Inheritance and Matrimonial Property Rights:

Women in polygamous marriages should enjoy equal inheritance rights and access to marital property.

o Laws should prevent arbitrary exclusion of any spouse or child from inheritance.

• Mandatory Counseling:

Couples considering polygamy should attend mandatory counseling that focuses on the legal, financial, and emotional aspects of such arrangements.

3. Encouraging Legal Monogamy

• Incentives:

o Provide financial benefits such as tax deductions or grants to families that practice monogamy.

o Provide educational benefits to children of monogamous families.

• Awareness campaigns:

Promote the social and economic benefits of monogamy such as reduced financial stress and greater family harmony.

__________________________________________

Part 3: Solutions to Inter-Community Conflicts

1. Adjudicating Property Disputes

• Fast Track Courts:

Courts dedicated to resolving disputes related to Waqf property or inter-community rights.

Encourage time-bound resolutions to prevent protracted conflicts.

• Mediation and Arbitration:

Prioritize mediation to resolve disputes amicably, reducing the burden on the courts.

Engage neutral mediators that all parties respect.

2. Promoting unity

• Community councils:

o Establish councils that include leaders from different communities to discuss and resolve conflicts.

Encourage joint initiatives in education, health, and cultural preservation.

• Cultural exchange programs:

Government-sanctioned programs to promote understanding and mutual respect between communities.

o Examples include interfaith dialogues, cultural festivals, and collaborative charity drives.

__________________________________________

Implementation mechanism

1. Oversight bodies

• National Property Judicial Council (NPJC):

o Responsible for overseeing the management of waqf property and ensuring compliance with the law.

o Comprises legal experts, community representatives, and government officials.

• Family Practices Advisory Board (FPAB):

o Monitors and implements marriage-related laws, ensuring safety for all parties.

2. Public Awareness Campaigns

• Use mass media to educate the public about their rights and responsibilities under the Act.

• Conduct workshops and seminars to create awareness about the benefits of the Act.

3. Judicial Redress

• High Courts monitor compliance with the Act and provide appeal mechanisms for grievances.

• Clear legal avenues to seek redress in cases of non-compliance.

__________________________________________

Case Study: Application in Karnataka

Wakf Properties:

• Bangalore: Convert underutilized wakf lands into affordable housing or public schools.

• Mysore: Develop cultural centers to preserve heritage and promote inter-community activities.

Regulation of Polygamy:

• Provide legal aid and advice to families in Mysore or coastal Karnataka where traditional practices may conflict with modern laws.

Inter-community collaboration:

• Organize community discussions in cities like Coimbatore and Chennai to address shared challenges in urban development and resource allocation.

__________________________________________

Expected outcomes

• Fair and transparent management of waqf properties.

• Enhanced protections for women in matrimonial arrangements.

• Reduced inter-community tensions through equitable solutions and collaborative efforts.

• Strengthened unity and respect among diverse communities.

Title of the Act

“The Religion-Centric Equitable Property and Family Practices Act, 2025”

_________________________________________

Objective

• To reconcile traditional Hindu social values ​​with the principles of modern governance and inclusiveness.

• To ensure that the contributions of all castes (Brahmins, Kshatriyas, Vaishyas, Shudras) to the cultural and economic fabric are respected and integrated into national policies.

• To resolve property disputes and family issues through a Dharma-centric approach rooted in Hindu mythology.

__________________________________________

Key Provisions

Part 1: Integration of Hindu Traditions in Property Management

1. Dharma-Guided Governance:

o Manusma for fair property distribution and conflict resolution Establish guidelines inspired by scriptures such as the Riti, Mahabharata and Ramayana.

o Management of waqf assets should be in line with the principle of Sarva Dharma Sama Bhava (equality of all religions), ensuring the benefit of the resources to the wider community.

2. Role-based responsibilities:

Brahmins: Act as advisors, scholars and auditors to ensure ethical and transparent governance of assets, drawing on their traditional role as educators and spiritual guides.

o Kshatriyas: Oversee the protection of public assets and ensure that disputes are resolved fairly and forcefully, echoing their historical role as protectors.

o Vaishyas: Manage the financial aspects and promote entrepreneurship to increase the productivity of underutilized assets, leveraging their role as traders and merchants.

o Shudras: Participate in the operational aspects of asset utilization, ensuring that all communities benefit equally.

__________________________________________

Part 2: Family Practices and Polygamy in the Modern Context

1. Marriage laws aligned with religion:

o Promote monogamy, citing Lord Rama’s commitment to Sita as the ideal family structure for harmony and social stability.

o Polygamy is permitted only in specific circumstances, echoing instances such as King Dasharatha’s marriages, where fairness, consent and welfare are paramount.

2. Safety of women:

o Ensure equal treatment of all spouses and children, similar to how Pandu in the Mahabharata sought to ensure fairness among his clan.

Provide legal and economic protections for women in polygamous or non-traditional marital arrangements.

3. Incentives for traditional values:

o Provide tax benefits to families that adhere to the values ​​of mutual respect, cooperation and monogamy, drawing inspiration from the joint family arrangements described in Hindu texts.

__________________________________________

Part 3: Inter-community collaboration inspired by the Puranas

1. Dharma-based property resolution:

o Use the Panchayat system, similar to the assemblies in the Mahabharata, to resolve disputes transparently.

Incorporate mediation processes inspired by Krishna’s role as a mediator during the Kurukshetra War.

2. Cross-community unity:

Organize cultural events that highlight shared Hindu-Muslim traditions, such as syncretic music and architecture, to build bridges between communities.

Encourage inter-community service projects inspired by the principle of seva (selfless service), which is central to Hindu philosophy.

__________________________________________

Part 4: Economic projects for each varna

1. Empowerment through roles:

Brahmins: Support educational initiatives, promote traditional arts, and involve them in drafting ethical codes.

o Kshatriyas: Empowerment through leadership roles in governance, protection, and property management.

o Vaishyas: Foster entrepreneurship with government-backed loans and market opportunities.

o Shudras: Provide skill development programmes and ensure access to opportunities in property-related industries.

2. Land ownership and employment:

o Allocate waqf properties for beneficial purposes for all castes, such as setting up cooperative industries, housing and educational institutions.

o Establish a rotating scheme of property use to ensure equitable employment opportunities.

__________________________________________

Implementation mechanism

1. Establishment of Dharma Mandals:

o Regional councils comprising representatives of all castes to ensure inclusiveness and adherence to Dharma.

o Experts in Hindu law, mythology and modern legal systems to guide decisions.

2. Public education campaigns:

o Create awareness about the Act through cultural programmes, workshops and traditional media such as bhajans, kathas and drama performances.

3. Judicial Protections:

High Courts to monitor cases related to Waqf property and family laws, ensuring that judgments are in line with constitutional principles and cultural sensibilities.

__________________________________________

Occupying a first home in major cities of India

1. Traditional values ​​in home ownership:

Encourage cities like Bangalore, Mysore, Coimbatore and Chennai to buy houses that respect the principles of Vastu Shastra, blending tradition with modern architecture.

2. Finance for middle class families:

o Provide affordable housing schemes supported by government subsidies and private sector partnerships.

Mention cooperative housing schemes similar to the collective efforts described in Hindu village life.

3. Availability of credit:

Foreign and Indian private banks can provide loans according to the borrower’s background and adherence to ethical practices.

Tenure of loans and repayment structures designed to ease the financial strain on the middle class.

__________________________________________

Conclusion

By blending traditional Hindu values ​​with the principles of modern governance, the proposed Act will It ensures inclusion, fairness and a path to growth for communities. The integration of caste-based responsibilities ensures harmony and progress while preserving constitutional equality. This religion-centric approach creates a future where tradition and modernity coexist, promoting sustainable social development.