A bill to curtail the powers of the Waqf board to decide if a property is Waqf property among other provisions was introduced in the Lok Sabha on Thursday. Following an intense debate, the House referred the Bill to a Joint Parliamentary Committee for wider scrutiny, after the government agreed to it.

Union Minority Affairs Minister Kiren Rijiju introduced the Waqf (Amendment) Bill and the Mussalman Waqf (Repeal) Bill. Home Minister Amit Shah said since the Waqf Act of 1995 came into being, there was a need to repeal the Mussalman Waqf Act, 1923 which had lost its relevance. He accused the opposition of “misleading” Muslims and said that amendments had to be brought in as the present act had many problems and could not serve its purpose.

According to its statement of objects and reasons related to the Waqf (Amendment) Bill seeks to omit Section 40 of the current law relating to the powers of the board to decide if a property is Waqf property. It provides for a broad-based composition of the Central Waqf Council and the State Waqf boards and ensures the representation of Muslim women and non-Muslims in such bodies.

Board proposals

The bill also proposes the establishment of a separate board for the Boharas and Aghakhanis. The draft law provides for the representation of Shias, Sunnis, Bohras, Agakhanis and other backward classes within Muslim communities. Additionally, It aims to clearly define ‘Waqf as Waqf by any person practising Islam for at least five years and having ownership of such property’. One of its objectives is streamlining the manner of registration of Waqfs through a central portal and database

A detailed procedure is established for mutation as per revenue laws with due notice to all concerned before recording any property as a Waqf property. The Waqf Act, 1995, was enacted to regulate ‘Auqaf’ (assets donated and notified as Waqf) by a ‘wakif’ (the person who dedicates a property for any purpose recognised by Muslim law as religious or charitable). It was last amended in 2013.

Opposition Concerns

Soon after Rijiju sought leave to introduce the Bill, many opposition MPs, who had given notices to oppose the Bill, alleged that the proposed legislation an “attack on the Constitution and federalism”. Responding to the concerns flagged by opposition members, the Minister assured that there would be no interference with the freedom of any religious body in the Waqf bill.

Congress MP KC Venugopal, who had submitted a notice to oppose the Bill’s introduction, accused the government of violating the right to freedom of religion. He also claimed that the legislation was being introduced with an eye on the upcoming Assembly polls.

“This is a draconian law and a fundamental attack on the Constitution,” Venugopal said.

Samajwadi Party Chief Akhilesh Yadav said the Bill was being introduced to appease the BJP’s hardcore supporters. “What is the point of including non-Muslims in Waqf boards when this is not done in other religious bodies?” Yadav asked.

“The truth is that the BJP has introduced this Bill to appease its hardcore supporters,” the Kannauj MP said, adding that it was brought with an eye on the polls.

Nationalist Congress Party (NCP)-Sharadchandra Pawar MP Supriya Sule said her party opposed the Bill as it was against a particular minority community. “Look at what is happening in Bangladesh, there is so much pain. It is the moral duty of a country to protect minorities,” she said.

“The government should clarify the intent and timing of the Bill. We object, withdraw this Bill. Let’s discuss it and then bring a Bill that is fair and just,” she demanded.

All India Majlis-e-Ittehadul Muslimeen chairperson Asaduddin Owaisi claimed that the House did not have the competence to make the amendments. “It is a grave attack on the basic structure of the Constitution as it violates the principle of judicial independence and separation of powers,” he said.

Bill defense

Strongly defending the bill and hitting out at the Congress, Rijiju said the Waqf Act of 1995 did not serve its purpose and the amendments were necessitated as the Congress could not achieve the reform it should have.

“Because you couldn’t do it, we had to bring these amendments...Some people have captured Waqf boards and this Bill has been brought to give justice to ordinary Muslims,” he said. He claimed that many leaders in the opposition had privately told him that State Waqf boards had turned into a mafia.

“I won’t take their names and destroy their political careers,” Rijiju added.