The Waqf Amendment Bill has been the center of heated discussions, with members of the Joint Committee submitting a massive 572 amendments. The committee, chaired by BJP leader Jagdambika Pal, is nearing the final stages of its deliberations.
NEW DELHI: The Joint Parliamentary Committee (JPC) cleared the Waqf Amendment Bill on Monday (27th Jan), making 14 changes to the draft that was presented in the House in August 2024.
The opposition members, led by Jagadambika Pal from the ruling Bharatiya Janata Party (BJP), had proposed 44 amendments, but all of them were rejected.
Waqf Amendment Bill
The Waqf Amendment Bill has been the center of heated discussions, with members of the Joint Committee submitting a massive 572 amendments. The committee, chaired by BJP leader Jagdambika Pal, is nearing the final stages of its deliberations.
On Sunday, the committee circulated a comprehensive list of the proposed amendments. The committee is scheduled to review the amendments clause by clause on Monday. Both BJP members and opposition MPs have submitted changes to the Bill. However, none of the BJP’s allies are listed among the members who proposed these amendments.
Opposition and Ruling Party at Odds
The Waqf Amendment Bill has caused a great deal of division between opposition and ruling party members. Both groups have submitted notices for amendments to the Bill, amounting to 444 amendments in total.
The previous meeting on Friday was disrupted, leading to chaos in the Joint Parliamentary Committee (JPC) meeting. As a result, 10 opposition MPs, including Asaduddin Owaisi and Kalyan Banerjee, were suspended for a day. BJP MP Nishikant Dubey proposed the suspension of these MPs.
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.
JPC Meetings:
The JPC has held several meetings to discuss the amendments, but many of them have been disrupted by chaos. Opposition members have accused the committee chair, Jagdambika Pal, of bias towards the ruling BJP. Due to these tensions, last week, opposition MPs wrote to Lok Sabha Speaker Om Birla, raising concerns about the way the Bill was being handled.
They claimed that Mr. Pal was attempting to “steamroll” the Waqf Amendment Bill, with a focus on the upcoming Delhi elections scheduled for February 5, 2025.
The opposition MPs, who were suspended, have protested that they were not given enough time to study the proposed changes to the Bill. Among those suspended were Trinamool Congress’ Kalyan Banerjee and Asaduddin Owaisi of the All India Majlis-e-Ittehadul Muslimeen (AIMIM), both of whom are strong critics of the Waqf Amendment Bill.
The tensions in the committee were evident in October when Kalyan Banerjee had an outburst during a meeting. He smashed a glass bottle on the table and threw it at Mr. Pal. Banerjee later explained his actions, saying that BJP MP Abhijit Gangopadhyay, a former judge of the Calcutta High Court, had insulted his family, which led to his intense reaction.
Proposed Changes in the Waqf Amendment Bill
The Waqf Amendment Bill aims to bring several changes to the way Waqf boards are managed. One of the key proposals is the nomination of non-Muslim and at least two women members to the Waqf boards. Additionally, the central Waqf Council, if the amendments are passed, will include a Union Minister, three Members of Parliament (MPs), two former judges, four individuals of national repute, and senior government officials—none of whom need to be from the Islamic faith.
Another significant proposed change is that the Waqf Council will no longer be allowed to claim land under the new rules. The Bill also includes a provision to limit donations from Muslims who have been practicing their faith for at least five years, which has sparked controversy, especially over the term “practicing Muslim.”
According to sources, the intention behind these changes is to empower Muslim women and children, who have been adversely affected under the current law. However, critics, including opposition leaders like Congress’ KC Venugopal, argue that the Bill is a “direct attack on freedom of religion.”
Key Provisions and Changes:
The Amendment Bill 2024 introduces 44 amendments, promising a comprehensive overhaul of the current Waqf management system.
Key highlights include:
- Omission of Section 40:
- The bill seeks to remove Section 40 of the current law, which relates to the powers of the Board to decide if a property is Waqf property.
- Broad-based Composition of Waqf Bodies:
- It provides for a more inclusive Central Waqf Council and State Waqf Boards, ensuring representation of Muslim women and non-Muslims in these bodies.
- Establishment of Separate Boards:
- The bill proposes the creation of a separate Board of Auqaf for the Boharas and Aghakhanis, addressing the unique needs of these communities.
- Representation of Various Muslim Communities:
- The draft law ensures the representation of Shias, Bohras, Aghakhanis, and other backward classes among Muslim communities.
- Clear Definition of Waqf:
- It aims to clearly define “Waqf as a Waqf by any person who has practiced Islam for at least five years and holds ownership of the property.”
- Centralized Registration of Waqfs:
- One of the objectives is to streamline the registration process of Waqfs through a central portal and database.
- Detailed Procedure for Mutation:
- The bill establishes a detailed procedure for mutation as per revenue laws, with due notice to all concerned before recording any property as Waqf property.
- Utilization of Waqf Funds:
- Waqf Boards are mandated to utilize funds from Waqf properties for the welfare of widows, divorcees, and orphans, fostering social responsibility and support for vulnerable community members.
- Succession Rights Protection:
- The bill ensures that the succession rights of heirs and women are upheld, preventing any denial of rightful inheritance during the Waqf period.
- Handling Government Property:
- Any government property identified or declared as Waqf will be deemed as such under the new Act. The bill establishes a clear procedure for resolving disputes regarding government property claimed as Waqf, with the collector responsible for investigating and providing a report to the state government.
- Publication and Transparency:
- The bill mandates the publication of a list of Waqf properties on an online portal and database within 15 days of its implementation. A 90-day notice period will be provided before any mutation decisions are made, ensuring transparency and fairness.
- Historical Context:
- The Muslim Waqf Act of 1923, considered a colonial-era law, has been deemed outdated and inadequate for effective management of Waqf property.
Asaduddin Owaisi and the DMK’s Kanimozhi have raised concerns that the Waqf Amendment Bill violates several sections of the Indian Constitution.
Owaisi and Kanimozhi specifically pointed to violations of Article 15 (the right to practice a religion of one’s choice) and Article 30 (the right of minority communities to establish and administer their educational institutions). These concerns are central to the ongoing debate about the Bill’s potential impact on India’s minority communities.
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