Bill to amend Waqf Act referred to joint House panel amid opposition

All India Majlis-e-Ittehadul Muslimeen (AIMIM) leader Asaduddin Owaisi maintained that Parliament does not have the competence to make the proposed amendments

The bill to amend the 1995 Waqf Act for more centralised control of Islamic charitable endowments was on Thursday referred to a joint parliamentary panel for further scrutiny after the Congess-led Indian National Democratic Inclusive Alliance opposed the proposed law in its present form.

The proposed law was referred to a joint parliamentary panel for further scrutiny. (ANI)

Parties such as Rashtriya Janata Dal (RJD), Samajwadi Party (SP), and the All India Majlis-e-Ittehadul Muslimeen (AIMIM) have criticised the proposed amendments including for inclusion of non-Muslims in waqf governance saying they will encroach on the religious rights.

The government has maintained the draft legislation seeks to improve the administration of waqf properties that Muslims dedicate for religious or philanthropic purposes as part of piety to perpetuate charitable activities beyond their lifetime.

SP leader Akhilesh Yadav claimed the bill was a part of well-planned politics. “When other religious boards do not have non-believers, why non-Muslims should be included in waqf boards? The reality is BJP [Bharatiya Janata Party] has brought this bill for its few hardline supporters who are frustrated.”

Congress leader K C Venugopal slammed the bill saying it amounted to an attack on the Constitution. “Waqf properties come from donations. It [bill] violates Article 26 of the Constitution [guaranteeing the right to form and maintain institutions for religious and charitable intents]. In this bill, they [the government] are putting a provision that non-Muslims can also be members of the governing council,” Venugopal said.

He called the provision an attack on faith and freedom of religion. “Now you are going after Muslims. Next, you will go after Christians and Jains. We believe in the culture and traditions of India. We are believers as Hindus but we also respect other religions,” Venugopal said. He linked the bill to the polls in Maharashtra, Bihar, and Haryana. “This bill is also an attack on the federal system.”

Venugopal maintained that the bill would trigger disputes over each mosque that does not have any deed. “You want a communal clash between communities. In every bill, there has to be a motive for well-being. Now, you are ill motivated to divide people. This bill cannot be introduced, let alone be passed,” said Venugopal.

AIMIM leader Asaduddin Owaisi maintained that Parliament does not have the competence to make the proposed amendments. “Waqf management is an essential religious practise of Muslims. The government is trying to severely restrict it. Hindus can give their properties but Muslims cannot give them to Allah. Who is going to decide if one is practising Islam for five years before he can donate his property [for waqf]?” he asked, referring to one of the bill provisions.

Owaisi said waqf properties are not public properties. “This government wants to take over mosques, I am sure you want to make Bilkis Bano and Zakia Jafri Waqf members,” he said, referring to the survivors of the 2002 Gujarat riots. Bano was three months pregnant when she was gang-raped during the riots while her three-year-old daughter was among seven of her relatives killed. Jafri’s husband, Ehsan Jafri, a former Congress member of Parliament, was hacked to death and later burnt during the riots.

SP leader Mobibbullah said Hindus manage their temples but the government wants people of other religions to be a part of waqf management. “They are interfering in the religion. This will not help the nation. Minorities will not feel safe in the country.”

Trinamool Congress (TMC) floor leader Sudip Bandopadhyay maintained the bill violates Article 14 of the Constitution related to equality before the law. His party colleague, Kalyan Banerjee, said the bill is beyond the legislative competence of the central government and it is also against Constitutional morality. “This bill is targeting the Muslims. Before [2024 national] election, there was an attempt to make the country a Hindu Rashtra, which has been rejected by the people.”

Indian Union Muslim League leader Md Bashir said if this bill is passed, the entire waqf system will collapse. “...[the bill gives] all powers to the district collectors, who become superior to the Waqf Board chairman. This bill encourages encroachment of waqf land. Your [government] intention is to spoil communal amity.”

Communist Party of India (Marxist)’s K Radhakrishnan said the government did not consult any state before bringing the bill. Revolutionary Socialist Party leader NK Premachandran said the bill will be rejected in legislative scrutiny. “You should either withdraw the bill or send it to some committee.”

Harish Balayogi of Telugu Desam Party, a key BJP ally, supported the bill but maintained the purpose of the donors needs to be protected. He said the bill regulates and streamlines the purpose. “The new law will help poor Muslims and Muslim women of the country. We have no problem if the bill is sent to a select committee