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Opposition members raise an array of objections to Waqf Amendment Bill
Congress, TMC, AIMIM, SP, YSR Congress MPs raise strong objections, while TDP calls for a clause by clause discussion; inclusion of non-Muslim members in Waqf Boards and the role of the district collector caused a major uproar
Members of Parliament’s Joint Committee on Waqf (Amendment) Bill pose for a photograph at a break during their first meeting, at Parliament House Annexe, in New Delhi on August 22, 2024.
| Photo Credit: PTI
Parliament’s Joint Committee on the Waqf (Amendment) Bill began consultations on Thursday (August 22, 2024), with many members describing the mood of the meeting as “combative”. Opposition members rallied against many provisions in the Bill, including “excessive interference” from the government, “inclusion of non-Muslim members”, and the move to ask for “deed records” for Waqf properties, among others.
The BJP’s former ally, the YSR Congress, has also come out strongly against the amendments. Current allies took a middle path, backing reform and addressing concerns.
Also Read | Waqf Bill: Muslim bodies seek support from BJP allies, Opposition leaders
The Joint Committee has to deliver its report before the beginning of the winter session, which is likely to be scheduled in the last week of November.
The meeting, which began at 11:00 a.m., after a short break for lunch, went on till evening. Minority Affairs Ministry officials made a detailed presentation and elaborated on the various provisions of the Bill. Representatives from the Ministry of Law and Justice were also present to provide a legal perspective.
Vocal critics
There was near unanimity among the Opposition parties on amending the clause that designates the district collector as the primary authority in determining whether a property is classified as Waqf or government land. The Congress, All India Majlis-e-Ittehadul Muslimeen, Trinamool Congress, and other Opposition parties all want this clause to be removed. There was also a huge uproar over the clause that allows for inclusion of non-Muslim members in Waqf Boards.
AIMIM MP Asaduddin Owaisi, according to sources, was one of the most vocal critics, pointing out during the meeting that the government did not carry out any consultations before drafting the Bill. Though the government claims that it has taken into account the Sachar Committee report, he reportedly argued that the government has “cherry-picked” the recommendations. For instance, the report had recommended “broad basing” the membership of the Waqf Boards. This has been used to justify the inclusion of non-Muslim members in the Boards and to remove the mandatory requirement of Muslim membership generally. This, he said, was a misinterpretation of the Commission’s recommendation, which had called for “broad-basing” within the community.
Property deed requirement
Samajwadi Party MP from Rampur Mohibbullah protested against the new law’s requirement for the submission of a “property deed” while filing details of Waqf properties on the portal. He reportedly argued that if “customs and usage” can be the basis of recognising temples, why is the expectation different for Waqf properties.
First meet of Parliament panel on Waqf Bill underway
Senior YSR Congress leader and Rajya Sabha MP Vijay Sai Reddy represented his party in the panel. Sources said that Mr. Reddy pointed to a long list of flaws in the new legislation. Apart from the objections raised by the other Opposition parties, Mr. Reddy also argued against allowing sub-sects such as “Aghakhani” and “ Bohra” Muslims to have a Waqf Board, noting that this is a very divisive move. He pointed out that there are 12,000 complaints of encroachment pending, but instead of addressing this, unnecessary interventions are being made in the law that are not a step towards improvement.
Problematic clauses
National Democratic Alliance partner, the Telugu Desham Party, meanwhile, took the middle path. The party was represented by Lok Sabha floor leader Lavu Sri Krishna Devarayalu who, according to sources, said during the meeting that the law should be strengthened while addressing everyone’s apprehensions. His party will make suggestions, he said, when the committee discusses the law clause by clause. Giving just one example of the shortcomings in the legislation, he noted that the new law says that only a person who has “practiced Islam for at least five years” can donate to Waqf. This “five-year” clause is untenable, Mr. Devarayalu argued.
Shiv Sena (Udhav Thackeray) MP Arvind Ganpat, according to sources, demanded to know the motivation behind the Bill.
Calling all stakeholders
Ahead of the meeting, the panel’s chairperson Jagdambika Pal told the media that the committee would hear the voices of different stakeholders. “We will discuss all the 44 amendments and bring a good and comprehensive Bill by next session,” he said, adding that the committee would call various Muslim bodies representing different sects to hear their views.
The Bill was introduced in the Lok Sabha on August 8. The next meeting of the panel is scheduled for August 30.
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