The Centre is set to introduce the Waqf (Amendment) Bill, 2024, in Parliament on Wednesday, triggering protests from several Muslim organisations, including the All India Muslim Personal Law Board (AIMPLB). Initially introduced in August 2023 amid strong opposition, the Bill was later referred to a Joint Parliamentary Committee (JPC) led by BJP MP Jagadambika Pal. After extensive deliberations, the committee submitted its report on February 13, and the Union Cabinet approved it on February 19. However, opposition members of the committee have raised concerns that their proposed amendments were rejected and their dissent notes were omitted without their knowledge. The JPC accepted 14 changes suggested by NDA members but rejected all 44 amendments put forward by the opposition.

The panel’s discussions were not without controversy. TMC MP Kalyan Banerjee was suspended for a day after allegedly disrupting proceedings and smashing a bottle on the table. Additionally, six opposition MPs, including Asaduddin Owaisi (AIMIM), Mohammad Jawed (Congress), Sanjay Singh (AAP), Mohammed Nadimul Haque (TMC), and MM Abdulla (DMK), wrote to Lok Sabha Speaker Om Birla, accusing Pal of forcing through the committee’s deliberations. In their letter, they argued that the committee, which functions as a mini-Parliament, should not merely serve as a tool to push government-backed legislation while disregarding the due parliamentary process. They accused the JPC of bulldozing proceedings without allowing adequate discussion, calling it an attack on constitutional values and parliamentary norms.

The concept of waqf refers to religious or charitable endowments in the form of property, primarily within the Muslim community. Such properties, often donated without formal documentation, are used to maintain mosques, graveyards, madrasas, and orphanages. The government claims that the amendments proposed in the Waqf (Amendment) Bill, 2024, seek to enhance the administration and management of waqf properties by addressing existing shortcomings. According to an official statement issued in September 2023, the Bill aims to rename the Act, redefine waqf, improve the registration process, and introduce technology to streamline waqf records. However, opposition parties and Muslim organisations have strongly opposed the Bill, calling it unconstitutional and detrimental to the interests of the Muslim community.

Among the most controversial provisions, the Bill mandates the inclusion of non-Muslims in the central waqf council and state waqf boards, a move that critics see as interference in Muslim affairs. Another contentious change allows a senior state government official to have the final say in disputes over whether a property belongs to waqf or the government, replacing the existing waqf tribunal system. The Bill also proposes restructuring waqf tribunals by including a district judge and a state government official at the rank of joint secretary while allowing tribunal decisions to be challenged in the high court. It further makes property registration mandatory, requiring all waqf properties to be recorded on a central portal within six months of the law taking effect, though extensions may be granted by waqf tribunals in specific cases. The Bill also removes the 'waqf by user' clause, which previously allowed properties to be designated as waqf based on their continuous religious or charitable use, even without formal documentation. Following an intervention by NDA ally TDP, the JPC recommended that this change should not apply retrospectively.

The Bill has ignited a heated political debate, with opposition leaders accusing the government of targeting Muslim religious institutions. AIMIM MP Asaduddin Owaisi has been one of the most vocal critics, calling the Bill unconstitutional and questioning why non-Muslims should be included in waqf councils when non-Hindus are not allowed in Hindu religious boards. In contrast, Union Minister of Minority Affairs Kiren Rijiju has dismissed these claims, arguing that waqf laws have existed since before Independence and that the Bill does not aim to seize waqf properties. As the Bill is introduced in Parliament, the controversy surrounding it is expected to intensify.

Disclaimer: This image is taken from PTI.