Union Cabinet Approves Proposed Changes Of Waqf (Amendment) Bill After JPC Report

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The JPC tabled its report on February 13. According to sources, the Cabinet approved the amendments during a meeting on February 19. This decision now opens the way for the government to introduce the bill in the second half of the Budget Session, which is expected to begin on March 10.

NEW DELHI: The Union Cabinet has approved the Waqf (Amendment) Bill based on a Joint Parliamentary Committee (JPC) report. The report was presented in both the Lok Sabha and Rajya Sabha during the first half of the 2025 Budget Session. This approval comes after heated debates and protests by opposition MPs in Parliament.

The government has proposed renaming the Waqf Amendment Bill 2024 as the Unified Waqf Management, Empowerment, Efficiency, and Development (UMEED) Bill, according to the report.

Key Details of the Approval Process

  • JPC Report and Cabinet Meeting:
    The JPC tabled its report on February 13. According to sources, the Cabinet approved the amendments during a meeting on February 19. This decision now opens the way for the government to introduce the bill in the second half of the Budget Session, which is expected to begin on March 10.
  • Opposition Concerns and Protests:
    During the presentation of the report, there were strong objections from opposition MPs. They claimed that their dissent notes had been redacted from the JPC report. However, the Centre denied these allegations. The disagreements led to brief adjournments in both Houses of Parliament.

Proposed Amendments

The JPC had proposed several changes to the draft bill. Out of 66 changes proposed:

  • Proposed Changes:
    • A total of 44 changes were initially suggested for rules governing the central and state Waqf boards. These included provisions for nominating non-Muslim and at least two women members to every Waqf Board. There were also proposals to include a Union Minister, three MPs, and four people of “national repute” to the central Waqf Council.
    • One major suggestion was to limit donations from Muslims who have been “practicing Muslim” for at least five years, a provision that led to disputes over the meaning of the term.
  • Final Amendments: Out of the changes, 44 proposals from the opposition were rejected. The proposals from the BJP and its allied parties were 23 in number, and after a vote, 14 of these were accepted. One important amendment clarifies that waqf councils at the state or pan-India level will have at least two members who are not from the Islamic faith.
  • Additionally, the revised bill now directs an officer nominated by the concerned state to decide whether a property qualifies as waqf instead of leaving this decision to the District Collector. Another significant change ensures that the law will not be applied retroactively to properties that are already registered.

Background of the Waqf Amendment Bill

The Waqf Amendment Bill, 2024, was introduced in the Lok Sabha on August 8, 2024, by Union Minority Affairs Minister Kiren Rijiju. The Bill seeks to amend the Waqf Act of 1995 to address challenges related to the regulation and management of waqf properties. Initially, the JPC was expected to submit its report by November 29, 2024, but the deadline has been extended to February 13, 2025, the final day of Parliament’s Budget Session.

The introduction of the bill and the proposed changes have a long history of debates. The prolonged discussions in the JPC saw nearly three dozen hearings over the past six months. Some sessions turned chaotic, with one instance resulting in physical violence when Trinamool MP Kalyan Banerjee smashed a glass bottle on the table, claiming provocation by the BJP’s Abhijit Gangopadhyay.

The controversy over the bill was also linked to disagreements on how the JPC was constituted. Opposition parties accused BJP MP Jagadambika Pal of bias and claimed that the bill was being rushed without proper consultation.

Furthermore, the JPC report noted that an estimated 90 per cent of waqf properties are still unregistered. This point was raised by Congress leader and JPC member Imran Masood, who warned that the new amendments might not solve the registration problem.

Critics have voiced strong opinions regarding the bill’s changes. They worry that the modifications might affect the management of Muslim charitable properties. Opposition leaders, including Congress’ KC Venugopal, have warned that these changes may interfere with the freedom to manage religious affairs. AIMIM chief Asaduddin Owaisi and DMK’s Kanimozhi have also expressed their concerns.

They argued that the bill violates important constitutional rights, specifically Article 15 (which ensures the right to practice any religion) and Article 30 (which protects the right of minority communities to establish and administer their educational institutions).

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Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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