Anwarulhaq Baig
NEW DELHI: Amid significant objections from the Opposition and demands for a comprehensive review from the BJP-led government’s own allies, the scrutiny of the Waqf (Amendment) Bill, 2024, has reached a crucial stage. The Joint Parliamentary Committee (JPC), established on August 9, convened its first meeting on August 22 under the chairmanship of BJP’s Jagdambika Pal.
The bill, designed to overhaul the Waqf Act of 1995, has generated substantial controversy, with strong opposition from various stakeholders.
The JPC has begun deliberations on the proposed changes and is consulting with opposition leaders and Muslim organizations, including the All India Muslim Personal Law Board (AIMPLB), to address their concerns. However, Pal described the initial discussions as “fruitful,” signaling the start of an extensive review process.
The bill proposes sweeping amendments to the existing Waqf Act, including redefining Waqf properties, modifying management structures, and introducing new regulatory measures. However, it has faced criticism for allegedly infringing on constitutional rights and targeting the Muslim community’s religious autonomy.
Committee’s Initial Deliberations
The JPC’s initial meeting focused on a broad range of issues concerning the Waqf (Amendment) Bill. Jagdambika Pal, the BJP’s chairperson of the committee, praised the discussions but did not disclose specific details due to parliamentary privilege. Pal’s positive assessment contrasts with the vocal dissent from various quarters, including opposition parties and Muslim organizations.
The JD(U), LJP (Ram Vilas), and TDP, allies of the BJP, have adopted a “neutral” stance on the bill. JD(U) leaders are reportedly still studying the bill and engaging with Muslim organizations to understand their concerns. “We are in the process of studying the Bill. Once it is completed, our representative will reveal our view at the meeting,” a JD(U) leader stated.
In contrast, YSRCP Rajya Sabha MP V Vijayasai Reddy, who is also a member of the JPC, has expressed his party’s opposition to the bill. In a statement on X, Reddy criticized the bill’s current form and indicated his intention to submit a dissenting note. Reddy emphasized the need for extensive consultations with all stakeholders, including Muslim organizations.
AAP MP Sanjay Singh, another JPC member, echoed similar sentiments, asserting that the bill poses a threat to religious autonomy. Singh argued that government interference in religious affairs could set a dangerous precedent and undermine constitutional rights.
Opposition’s Concerns
The opposition’s critique of the bill centers on several key provisions. One major point of contention is the proposal to empower District Collectors to adjudicate disputes over Waqf properties. They argue that this provision undermines the authority of existing Waqf tribunals and could lead to biased or inefficient management of Waqf assets.
Another contentious provision allows non-Muslim members to serve on Waqf boards, which opposition MPs argue infringes on the religious autonomy guaranteed by the Constitution. In the parliament, Congress MP K. C. Venugopal led the charge against this provision, questioning whether similar inclusions would be acceptable for Hindu temple boards.
The bill also mandates that Waqf properties provide deeds, raising concerns about the practical implications for properties with long histories of use. The opposition argues that this requirement could lead to disputes and complications for properties that have been in use for decades without formal documentation.
AIMIM Lok Sabha MP Asaduddin Owaisi has taken particular issue with the bill, claiming that it disregards important recommendations from previous panels and undermines the powers of state Waqf boards. Owaisi’s objections include concerns over the removal of Section 107 from the 1995 Act, which previously barred the Limitation Act from being applied to Waqfs, potentially encouraging encroachments.
Samajwadi Party’s Maulana Mohibullah Nadvi and Akhilesh Yadav voiced concerns about the Bill’s impact on Muslim religious autonomy. Nadvi criticized the inclusion of non-Muslims in the Waqf Board and the potential erosion of Muslim management over their religious institutions. Yadav questioned the need for such provisions, arguing they reflect a political agenda rather than genuine reform.
From the TMC, Sudip Bandyopadhyay and Kanimozhi Karunanidhi expressed strong objections to the Bill’s perceived violations of Articles 14, 25, and 26, citing concerns over its impact on federalism and religious freedoms. The NCP’s Supriya Sule also called for a detailed review, suggesting the Bill should be referred to a Standing Committee for further scrutiny.
Indian Union Muslim League MP E. T. Mohammed Basheer and CPI(M) MP K. Radhakrishnan warned that the Bill could dismantle the existing Waqf system and undermine the secular fabric of the nation. They accused the government of acting unilaterally and without adequate consultation with stakeholders.
Stakeholder Feedback
The All India Muslim Personal Law Board (AIMPLB) has voiced strong objections to the bill. On August 23, AIMPLB representatives met with JPC Chairperson Jagdambika Pal to outline their concerns. The Board criticized the bill for reducing the powers of Waqf boards and shifting significant authority to District Collectors. AIMPLB demanded the withdrawal of the bill, arguing that it facilitates the occupation of Waqf properties and diminishes the role of existing Waqf management systems.
The committee is scheduled to hold further consultations on August 30, where it will hear from various stakeholders, including the All India Sunni Jamiyatul Ulama and Indian Muslims for Civil Rights (IMCR). Additionally, the committee will take oral evidence from the Uttar Pradesh Sunni Central Waqf Board and Rajasthan Board of Muslim Waqf.
Government’s Defense
Defending the bill, Minister of Parliamentary Affairs and Minister of Minority Affairs Kiren Rijiju argued that the amendments aim to modernize and enhance the transparency of Waqf management. Rijiju emphasized that the bill seeks to address inefficiencies and corruption within the Waqf system, drawing on recommendations from the Sachar Committee and other past inquiries. Rijiju highlighted several some aspects of the bill, including increased representation for women and marginalized groups.
The NDA, including BJP allies largely supported the bill during the debate in the house, dismissing opposition claims as unfounded. The government’s support for the bill is part of a broader agenda to reform Waqf management and address long-standing issues within the system.
In a related development, the Rajya Sabha also voted to reject notices opposing the withdrawal of the Waqf Properties (Eviction of Unauthorised Occupants) Bill, 2014 earlier this month. This decision has further intensified the debate over Waqf property management and highlighted the contentious nature of the current legislative proposals.
Govt Proposes Sweeping Changes to Waqf Act
In the Waqf (Amendment) Bill, 2024 , the Government has proposed about 40 amendments to the existing Waqf Act of 1995.
Key Changes Proposed:
- Definition of Waqf: The bill proposes to modify the definition of “waqf” to specify that only a person practicing Islam for at least five years can dedicate property for waqf purposes. It also expands the scope of waqf-alal-aulad (family endowments) to include provisions for the maintenance of widows, divorced women, and orphans.
- New Regulatory Measures: The amendment introduces sections 3A, 3B, and 3C to regulate waqf properties more stringently. These sections outline conditions for creating waqfs, mandate the filing of waqf details on a centralized portal, and address issues of wrongful declaration of government properties as waqf.
- Role of Collector: The bill proposes to replace the Survey Commissioner with a Collector, who will have expanded powers in surveying and managing waqf properties. This change aims to streamline the administrative process and reduce potential conflicts.
- Transparency in Land Records: Before updating land records for waqf properties, revenue authorities will now be required to issue a 90-day public notice in two daily newspapers, including one in the regional language. This measure is designed to allow affected parties an opportunity to be heard.
- Dispute Resolution: The amendment allows for legal challenges to Waqf Tribunal decisions, which were previously considered final. Suits can now be filed within two years of the publication of the list of auqafs, with provisions for late applications under certain circumstances.
- Board Composition: The Central Waqf Council and State Waqf Boards will now include non-Muslim members and ensure representation from various Muslim communities, including Bohras and Agakhanis.
- Registration Process: The bill mandates the execution of a waqf deed for registration and requires an inquiry by the Collector to verify the genuineness of applications. Registration will be denied if the property is disputed or belongs to the government.
- Auditing Measures: The amendment allows the Central Government to direct audits by the Comptroller and Auditor-General of India and publish the results.
Next Steps
The JPC is expected to continue its deliberations, with further meetings planned to gather comprehensive feedback from all relevant stakeholders. The committee’s findings and recommendations will be crucial in shaping the final version of the Waqf (Amendment) Bill, which will likely be put to a vote in the next session of Parliament.
As the debate intensifies, it remains to be seen how the committee will address the diverse concerns raised and whether the bill will be revised to accommodate the various viewpoints expressed by opposition parties, Muslim organizations, and other stakeholders. The outcome of this legislative process will have significant implications for the management of Waqf properties and the broader issue of religious autonomy in India.