On August 8, Union Minority Affairs Minister Kiren Rijiju introduced a bill to amend the law governing Waqf boards, sparking protests from Opposition MPs who labelled it as “draconian” and an effort to “divide the country” along religious lines. The Government countered these allegations, asserting that mafia elements had captured the Waqf board and that the Bill did not interfere with the freedoms of any religious body.
The Union Minister stated that until last night, he had been informed by Muslim delegations and MPs that mafia elements had taken over the Waqf Boards. He also claimed that while some MPs personally support the bill, they are unable to express their support publicly due to their party affiliations.
#WATCH | Defending Waqf (Amendment) Bill, 2024 , Minister of Minority Affairs Kiren Rijiju says, "With this bill, there is no interference in the freedom of any religious body….Forget about taking anyone’s rights, this bill has been brought to give rights to those who never got… pic.twitter.com/cnn10PzwhT
— ANI (@ANI) August 8, 2024
“With this Bill, there is no interference in the freedom of any religious body. Forget about taking anyone’s rights, this Bill has been brought to give rights to those who never got them. This Bill being brought today is based on the report of Sachar committee (which called for reform) which you made (Congress),” Kiren Rijiju said as he moved the Bill for consideration in the lower house.
“Stop opposing this Bill, this will go down in history, whoever has opposed it and whoever has supported it. So before opposing the Bill, think about thousands of poor people, women, and children and respect them,” Rijiju added.
Union Minister and JD(U) member Rajiv Ranjan Singh responded to the allegations of Opposition members and clarified that the Bill was not anti-Muslim. He said the Bill was inclusive and did not promote religious divisions.
“This law is being made to bring transparency. The Opposition is comparing it with temples. They are diverting from the main issue. KC Venugopal should explain how thousands of Sikhs were killed. Which taxi driver killed Indira Gandhi? Now, they are talking about minorities,” he said.
The bill seeks to “effectively address issues” related to the powers of the State Waqf Boards, registration and survey of waqf properties and removal of encroachments. Apart from introducing the Waqf (Amendment) Bill, 2024, Kiren Rijiju also introduced the Mussalman Wakf (Repeal) Bill, 2024, which seeks to repeal the Mussalman Wakf Act, 1923.
Changes proposed in the Waqf (Amendment) Bill, 2024
The Waqf (Amendment) Bill, 2024, Waqf Act provides for the renaming of the Waqf Act, 1995, as the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995. It seeks to clearly define “waqf” as waqf by any person practising Islam for at least five years and having ownership of such property and ensure that the creation of Waqf-alal-aulad does not lead to the denial of inheritance rights to women.
The Bill seeks to omit section 40 relating to the powers of the Board to decide if a property is waqf property, provide for filing of accounts of waqf by mutawallis to the Board through a central portal for better control over their activities, reform the Tribunal structure with two members and provide for appeals against the orders of the Tribunal to the High Court within a specified period of ninety days.
The Bill proposes renaming the Waqf Act, 1995, to the Unified Waqf Management, Empowerment, Efficiency, and Development Act. It aims to streamline the registration process for Waqf properties by implementing a central portal.
Allegations made by the Opposition
The members of the opposition parties made an all-out attack on the Centre as Parliamentary Affairs Minister Kiren Rijiju moved the Waqf (Amendment) Bill, 2024 in Lok Sabha.
NCP (SCP) MP Supriya Sule urged the Government to either withdraw the Bill completely or send it to a standing committee. “Please do not push agendas without consultations,” Supriya Sule said in Lok Sabha.
Revolutionary Socialist Party (RSP) MP NK Premachandran in Lok Sabha said that if this law is put through judicial scrutiny then it will be “struck down.”
Opposing the Bill, Samajwadi Party MP Akhilesh Yadav said, “Yeh bill jo introduce ho raha hai woh bahut sochi samjhi rajneeti ke tehat ho raha hai. Speaker sir, I heard in the lobby that some of your rights are also going to be taken away and we will have to fight for you. I oppose this Bill.”
Congress MP KC Venugopal opposed the Bill in the House and dubbed it an “attack on the federal system.” AIMIM MP Asaduddin Owaisi claimed that the Bill violates the principles of Articles 14, 15 and 25 of the Constitution.
AIMIM MP Asaduddin Owaisi opposed the Bill, claiming it was preventing him from practising his prayers. “The Bill violates all principles of the judiciary. The Government is restricting the management of the Waqf board. Hindu boards are recognised by usage and custom. You are stopping me from praying,” he said.
