Union Minister for Parliamentary and Minority Affairs Kiren Rijiju tabled the Waqf (Amendment) Bill in the Lok Sabha on Wednesday with an assurance that it does not interfere in any religious system, religious institution, or religious practice in any way. However, the Opposition parties strongly opposed the Bill, alleging that the proposed legislation is blatantly unconstitutional and an attempt to bring personal laws under state control and thereby undermine the Freedom of Religion.
The Waqf Amendment Bill seeks to improve the administration of Waqf properties, introduce technology-driven management, address complexities, and ensure transparency. Along with the Waqf (Amendment) Bill, the minister moved the Mussalman Wakf (Repeal) Bill, 2024 for consideration and passing in the House.
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Speaking during the debate on the Bill, Union Home Minister Amit Shah launched a scathing attack on Congress for allegedly spreading misinformation on the Bill. He assured that it would not interfere with the religious matters of Muslims as is being made out to be by the Opposition.
He said the notion that “the Waqf Bill is interference in Muslims’ religious matters and properties donated by them is fear-mongering for vote-bank”.
Refuting the claims over the inclusion of non-Muslims in the board, he said, “No non-Islamic member will be part of Waqf. There is neither any provision for the appointment of a non-Muslim to manage the religious institution, nor do we intend to introduce any such provision. A rumour is being spread that the Bill is aimed at interfering with the religious practices of our Muslim brothers and their donated property. This is being done to intimidate the minorities.”
Telugu Desam Party (TDP), Janata Dal (United), Shiv Sena and LJP (Ram Vilas) — the four key constituents of the NDA strongly backed the Bill.
During the discussion, the Opposition members said the government was trying to hide its failures through this Bill. Though NDA allies were firmly in support of the Bill, the Opposition was not happy about it. The lawmakers of the Opposition INDIA bloc questioned the provision in the Bill that only a practicing Muslim of five years can create a waqf property.
The Waqf (Amendment) Bill proposes 40 amendments to the Waqf Act. The key changes include the provision for the inclusion of Muslim women and non-Muslims in Waqf boards, along with significant reforms in the regulation and governance of India’s Waqf boards.
The proposed amendment to the Waqf Act, 1995 will require Waqf boards to register their properties with district collectors to ensure accurate valuation. Currently, most Waqf board members are elected but if the Bill becomes a law, all members will be appointed by the government.
Earlier today, amid loud protests from the Opposition, Rijiju piloted the Bill, asserting that the role of the Waqf Board is to supervise the management of Waqf properties by mutawallis (caretakers) and those handling Waqf affairs.
”This is purely a provision for governance and supervision. In no way does the Waqf Board manage Waqf properties. It is simply a matter of property management. However, the Waqf properties are managed by the Waqf Board and the Mutawalli. If someone fails to understand this basic distinction or deliberately chooses not to, then I have no solution for that,” he said.
The minister insisted that the Bill would be applicable prospectively, not retrospectively.
He wondered why the Waqf property in India, the largest in the world, has not been used for education, medical treatment, skill development, and income generation of poor Muslims. ”Why has no progress been made in this regard so far? If this government, under the leadership of PM Modi, is working for the betterment of poor Muslims, then why is there an objection,” he asked.
He highlighted that the Centre won’t usurp the power of the state waqf but women would be part of the Waqf board. “Now, Shia, Sunni, Bohra, backward Muslims, women, and expert non-Muslims will also be there in the Waqf Board. Let me elaborate in detail. I’ll give my example. Suppose I am not a Muslim, but I am the Minority Affairs Minister. Then I become the Chairman of the Central Waqf Council. Despite my position, there can be a maximum of four non-Muslim members in the Council, and among them, two women members are compulsory,” the minister said.
He assured the House that recommendations were received from several charitable organisations, community and religious leaders, policymakers, academicians, researchers, and all other relevant stakeholders.
He apprised the House that 284 delegations and the Waqf board of 25 states and Union territories gave their recommendations.
There will be no Waqf power in tribal areas, the Minority Affairs Minister informed the Lower House.
The minister mentioned that a total of 14,417 litigants were awaiting a decision in the tribunal. He held that the tribunal would strive to ensure that the cases are disposed of swiftly. Furthermore, he told the house that the petitioners, if unhappy with the decision of the tribunal, can now approach courts.
