India Parliament monsoon session: BJP government introduces amendments to Waqf Act

Union Minority Affairs Minister Kiren Rijiju on Thursday (Aug 8) introduced in the Indian parliament The Waqf (Amendment) Bill and The Mussalman Wakf (Repeal) Bill, 2024 which seeks to kick-start reforms in Waqf boards.

Among the amendments introduced is one that mandates two women members on the Waqf board panel.

Salient features of the proposed amendments

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In total, 44 amendments have been introduced to alter the structure of the Waqf Act of 1995. Meanwhile, the Waqf Act 1923 will be revoked, reports PTI.

Key changes include renaming the Waqf Act 1995 as the 'Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995'.

Among the salient features of the proposed amendments are the registration of Waqf property through a central portal and the protection of the Bohra community.

Replacing Section 40 of the existing Waqf Board Act, the Amendment bill also proposes stripping the Board of its power to declare any property as "Waqf property".

For the sake of 'inclusivity',the proposed amendments seek to ensure women's representation on the Central Waqf Council and state boards.

Additionally, changes have been included for adequate representation of all Muslim communities, including Shia, Sunni, Bohra, Aghakhani, and other backward classes.

For Bohras and Aghakhanis, a separate Board of Auqaf has been recommended.

Rijiju dismissed all the allegations of opposition related to the Waqf (Amendment) Bill, 2024, saying that the BJP-led government will fight for the rights of those who never got justice.

“Forget about snatching anybody’s right. We in this bill are trying to bring justice for those who never got justice, and we will fight for their rights.The amendment to the Bill has not happened for the first time ever.Since independence, it hasbeen amended multiple times,” he said.

“They (Opposition) are misleading Muslims…Till last night, Muslim delegations came to me…Many MPs have told me that the mafia has taken over Waqf boards. Some MPs have said that they personally support the bill but can’t say it due to their political parties…We have held multi-layered country-wide consultations on this bill…,” he further said.

Opposition calls amendments 'draconian'

Opposition parties have raised strong objections to the amendments. Congress leader KC Venugopal called the bill an "attack on the constitution".

"I would like to raise an objection to this draconian law introduced by the government. Fundamentally, this is an attack on the Constitution," Venugopal said.

The Congress MP argued that the Bill violated Article 26 of the Constitution. Article 26 grants the citizens of India the right to form and maintain institutions for religious and charitable purposes, manage religious affairs, and administer property according to the law.

"Through this Bill, they (the Centre) are putting a provision that non-Muslims can also be members of the governing council. Can anyone imagine a non-Hindu being part of the Supreme Court-constituted Ayodhya Board? This provision directly attacks the faith and freedom of religion," Venugopal asserted.

He also expressed concerns that the BJP-NDA government might target other communities.

"Now you are going after Muslims. Next you will go for Christians, and then Jains."

However, Rijiju slammed the opposition for "misleading" Muslims and said that the current law had many mistakes and had hence not been able to serve its purpose.

(With inputs from agencies)