Manas Dasgupta
NEW DELHI, Aug 8: A bill to amend the 1995 Waqf Board Act for more centralised control of Islamic charitable endowments was on Thursday referred to a joint parliamentary panel for further scrutiny after the Congress-led Indian National Democratic Inclusive Alliance (INDIA) bloc opposed the proposed law in its present form.
Besides the Congress, other 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 would encroach on the religious rights.
The government has maintained the draft legislation only sought 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.
Responding to objections raised by several opposition members, the Union Minority Affairs minister Kiren Rijiju claimed that the bill was brought only to achieve the purpose for which the then Congress government in 1995 had brought the amendment in the Waqf Act but did not serve its purpose.
However, on the insistence of the opposition, Mr Rijiju proposed sending the contentious Waqf (Amendment) Bill, 2024, to a joint parliamentary committee. Several opposition members expressed concerns about the bill’s potential impact on the federal structure and its perceived encroachment on religious autonomy.
While Congress MP KC Venugopal described it as an “attack on the federal system,” AIMIM MP Asaduddin Owaisi claimed that the bill violates Articles 14, 15, and 25 of the Constitution and the Parliament had no authority to bring the amendment bill.
NCP (SCP) MP Supriya Sule called for the bill to be either withdrawn or sent to a standing committee for further review. Revolutionary Socialist Party (RSP) MP NK Premachandran warned that the bill could be struck down if subjected to judicial scrutiny.
Defending the bill in Lok Sabha, Rijiju said it had been renamed the “United Waqf Act Management, Empowerment, Efficiency and Development Act,” or “UMEED” for short. He argued that the bill did not infringe upon religious freedoms, as enshrined in Articles 25 to 30 of the Indian Constitution, saying the Supreme Court has ruled that Waqf Boards do not fall under the purview of these articles, which safeguard religious practices.
Giving some instances, Mr Rijiju claimed that only a handful of people captured Waqf boards in the country and ordinary Muslims did not get justice countering the Opposition’s charge. Refuting the opposition allegation of the BJP being reflective of the BJP mindset against the Muslims, Mr Rijiju said the provisions in the proposed law were based on multiple inquiry reports over the years and wide-ranging consultations with lakhs of stakeholders.
To bolster his arguments, he cited several instances of encroachment and illegality by Waqf bodies. “Tiruchirapalli district is in Tamil Nadu. The 1,500-year-old Sundareshwar temple is located there. There, a man went to sell his property and was told that his village is a Waqf property. Just imagine, the entire village has been declared Waqf property. Don’t see religion here,” he said.
The minister also cited the example of Surat Municipal Corporation. “Surat Municipal Corporation headquarters was declared Waqf property. Can you imagine? How can this happen?”
“I am a Buddhist, not Hindu or Muslim, but I respect all religions. Don’t see this as a religious issue. Is the municipal corporation a private property? How can municipal property be declared Waqf property,” he questioned.
The minister also pointed to a 1976 inquiry report that recommended steps to discipline Waqf boards. He referred to Sachar committee’s recommendations for more representation in Waqf boards. “You should be happy, you made this committee,” he told the Opposition benches.
Playing up the provision in the proposed law that provides for the representation of Shia, Sunni, Bohra, Agakhani and other backward classes among Muslims, he said, “If one community is crushing smaller communities, how can this Parliament allow it?”
Mr Rijiju said the Opposition was rooting for a small section of people capturing power in these bodies and that there was widespread discontent within Muslims for Waqf authorities.
He stressed that provisions in the Bill did not interfere with religious freedom or violate the Constitution in any way. He also claimed that many leaders in the Opposition had privately told him that state Waqf boards had turned into mafia. “I won’t take their names and destroy their political careers,” he said.
Earlier, the Opposition targeted the Centre over the proposed changes over Waqf (Amendment) Bill. Congress’s KC Venugopal termed the proposed law “draconian” and said it was an attack on the freedom of religion and federal system. He also opposed the provision of appointing non-Muslim members to Waqf board.
Samajwadi Party, the second-largest Opposition force, also opposed the Bill. “No person from outside the community is part of other religious bodies. What is the point of including non-Muslims in Waqf bodies?” party chief and MP Akhilesh Yadav said.
Defending the legislation, Union Minister and leader of BJP ally JDU, Rajiv Ranjan Singh, said the Bill has been brought to make the functioning of Waqf boards transparent. Countering the Opposition’s charge that the Bill was against minorities, he referred to the 1984 anti-Sikh riots in the aftermath of the assassination of Prime Minister Indira Gandhi. “Who killed thousands of Sikhs?” he asked.
All India Majlis-e-Ittehadul Muslimeen (AIMIM) leader Asaduddin Owaisi maintained that Parliament did not have the competence to make the proposed amendments.
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 did 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 were 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 violated Article 14 of the Constitution related to equality before the law. His party colleague, Kalyan Banerjee, said the bill was 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 was passed, the entire Waqf system would 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 would 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 needed 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.