The government has sent the contentious Waqf (Amendment) Bill, 2024, to a Joint Parliamentary Committee (JPC) after facing strong opposition from various political parties. Critics argue that the bill, introduced by Union Minority Affairs Minister KirenRijiju on August 8, 2024, in the Lok Sabha, is an attack on the Muslim community and a violation of federal principles. Opposition members denounced the bill as “divisive” and “unconstitutional,” with Congress MP KC Venugopal asserting that it undermines religious freedom and sets a dangerous precedent.
Following heated debates, Speaker Om Birla announced that the bill would be reviewed by a JPC, with party leaders consulted before the panel’s formation. The bill proposes significant changes to the Waqf Act of 1995, including restrictions on declaring property as Waqf and the inclusion of non-Muslims on Waqf Boards. Notably, it also designates the District Collector as the authority to determine whether a property is government land or Waqf, a role traditionally held by the Waqf Tribunal.
Dr. K Rahman Khan, a former Deputy Chairman of the Rajya Sabha and former Union Minister for Minority Affairs, criticized the bill as “mischief.”Dr. Khan, who chaired the Joint Parliamentary Committee on Waqf during the UPA era, emphasized that the bill threatens to reverse the reforms established by the 1995 Act and the 2013 amendments, particularly by undermining the independence of Waqf Tribunals and requiring re-registration of all Waqf properties.
Dr. Khan also expressed concern over the lack of consultation with key stakeholders, including the All India Muslim Personal Law Board, a stark contrast to the inclusive approach taken during the 2013 amendments. He dismissed the government’s claim that the bill would enhance transparency in Waqf management, arguing that it instead erodes the protections for Waqf properties and opens the door for encroachments.
The bill’s proposal to include non-Muslims on Waqf Boards and remove the requirement for the Chief Executive Officer of a Waqf Board to be Muslim has drawn significant criticism. Dr. Khan questioned the government’s intent, asking whether Muslims would be allowed similar involvement in Hindu charitable organizations.
The former minister also accused the government of systematically undermining minority institutions since coming to power in 2014. He recalled a BJP MP’s remarks during the Waqf parliamentary panel discussions, which he said revealed the party’s antagonistic stance towards the Muslim community.
AkramulJabbar, former Chief Income Tax Commissioner and head of the Jamiat Ulama-i-Hind’s Waqf Protection Committee, echoed these concerns, warning that the bill could jeopardize Waqf properties worth thousands of crores. Jabbar highlighted the bill’s most controversial provision, which applies limitation law to legalize adverse possession over Waqf properties after 12 years, potentially removing 70% of such properties from Waqf control.
Retired Justice KM Joseph, while addressing a petition seeking the abolition of the Waqf Act, had pointedly asked whether the aim was to legalize land grabs of Waqf properties. Although the petition was withdrawn to be filed in various High Courts, Jabbar noted that this bill could pave the way for similar challenges, particularly concerning the removal of ‘Waqf by user’ provisions, which could open Waqf graveyards, dargahs, and mosques to outside claims.
In UP, the government acquired many not-in-use graveyards as banjarpartibhoomi and used these as swacchaalay, etc. That wipes out many such properties which can again be used as graveyards, overriding SC judgment saying ‘once a waqf always a waqf’ and a recent Punjab & Haryana High Court judgment that a graveyard in disuse cannot be used for any other purposes.