Waqf Amendment Bill Highlights: ‘Oppn fear-mongering for vote bank, Waqf Bill not interfering in Muslim affairs,’ says Amit Shah

Over 97 lakh petitions regarding the Bill have been taken into consideration by the government, Kiren Rijiju said while starting the discussion in Lok Sabha. “I want to start with a positive note,” said Rijiju. “I present the Bill with an open and clean heart,” he added.

Waqf (Amendment) Bill taken up for consideration and passing in Lok Sabha.

“The Bill is communally motivated and discriminatory… It serves BJP‘s communal agenda. We sent 5 crore emails and they were rejected,” the All India Muslim Personal Law Board said in a press conference.

Ahead of the Lok Sabha session, Union Minister of Minority Affairs Kiren Rijiju said, “Some leaders, including some religious leaders, are misleading innocent Muslims…The same people said that CAA would take away the citizenship status of Muslims, but nothing like that happened… Many Congress leaders and opposition parties privately say that this Bill is needed, but they are opposing it for vote bank.”

Ahead of the Lok Sabha session where the Waqf Bill will be tabled, RJD MP Manoj Kumar Jha said, “Every constitutional basis is being violated. We (the opposition) had said even during the farmers’ movement that there should be no haste. But they (the central government) acted in haste. What happened then? (The three agricultural laws) had to be withdrawn. The same situation should not happen here as well.”

Congress MP Imran Pratapgarhi arrived at Parliament on Wednesday dressed in black as a mark of protest against the Waqf Amendment Bill. Holding a placard that read “Reject Waqf Bill”, Pratapgarhi made a strong visual statement against the proposed legislation.

In the 543-member Lok Sabha, the BJP-led NDA holds a majority with 293 members. For the Bill to pass, it requires at least 272 votes in favor. In contrast, the opposition INDIA bloc has 235 MPs, with the total rising to 241 when including non-aligned parties such as AIMIM, YSRCP, and Aazad Samaj Party, all of whom have also voiced opposition to the Bill.

The BJP itself has 240 MPs, while its allies include the Telugu Desam Party (TDP) with 16 MPs, Janata Dal (United) with 12, Lok Janshakti Party (Ram Vilas) with 5, Eknath Shinde-led Shiv Sena with 7, and the Rashtriya Lok Dal (RLD), Janata Dal-Secular (JD-S), and JanaSena Party (JSP) with 2 MPs each. Other NDA allies, including the NCP, Apna Dal, Hindustani Awam Morcha, All Jharkhand Students’ Union, and Northeast-based parties like AGP, UPPL, and SKM, each have one MP.

Although the JD(U) and TDP have expressed reservations about certain provisions of the Bill, they are expected to support it. Party insiders suggest they may propose amendments to specific clauses but will ultimately back the legislation.

Meanwhile, several opposition parties have announced their intent to vote against the Bill. These include the Congress (99 MPs), Samajwadi Party (37), Trinamool Congress (28), DMK (22), Shiv Sena-UBT (9), NCP-SP (8), CPI-M (4), RJD (4), Aam Aadmi Party (3), JMM (3), IUML (3), and J-K National Conference (2), along with 13 other members.

Andhra’s Jana Sena Party, led by Deputy CM and actor Pawan Kalyan, extended support to the Waqf (Amendment) Bill, 2024, which is set to be tabled in Parliament today, IE reported.

“Jana Sena Party has extended support to the Waqf Bill. JSP believes that the law amendments will benefit the Muslim community. In this regard, party president K Pawan Kalyan has given directions to the JSP MPs to participate in the voting in favor of this Bill. A Joint Parliamentary Committee with 31 members has been formed to review the bill related to the amendments to the Waqf Act. This bill was drafted after discussions with the relevant sections, educated people and experts in the field of governance. Broad results can be achieved only by streamlining the British-era Waqf Act in a manner suitable for today’s times. In this context, the Waqf Amendment Bill should be supported,’’ said P Hariprasad, Political Secretary to Kalyan.

The JSP has two MPs in the Lok Sabha who won in the 2024 Lok Sabha elections.

BJP MP Jagdambika Pal, who also headed the JPC on the Waqf Amendment Bill, hailed Wednesday as a “historic day” as the bill was set to be tabled in Parliament for passage. Pal said that the amended legislation would bring significant benefits to poor and Pasmanda (backward) Muslims.

Highlighting the extensive consultations held during the drafting process, Pal emphasised that the JPC engaged with stakeholders across multiple states and conducted daily meetings, dedicating eight hours each day to hearing opposition views. “Our hard work has paid off… The government is presenting the bill in an amended form today. This is indeed a historic moment. With its passage, the poor and Pasmanda Muslims will reap the benefits,” Pal told ANI.

Addressing the opposition’s resistance to the bill, Pal accused the All India Muslim Personal Law Board (AIMPLB) of politicising the issue. He criticised the AIMPLB’s call for wearing black bands during Ramzan prayers in protest against the bill, stating, “Whether it’s our political opposition or the All India Muslim Personal Law Board urging people to demonstrate in mosques, they are turning this into a political issue.”

The proceedings of the panel leading up to the report were marked by intense clashes. TMC MP Kalyan Banerjee was suspended for a day after disrupting a session and smashing a bottle on the table during one of the meetings. Frustrated by what they saw as an unfair process, six Opposition MPs — Banerjee, Asaduddin Owaisi (AIMIM), Mohammad Jawed (Congress), Sanjay Singh (AAP), Mohammed Nadimul Haque (TMC) and M M Abdulla (DMK) — wrote to Lok Sabha Speaker Om Birla, accusing committee chairman Jagadambika Pal of “bulldozing the proceedings”.

Despite the uproar, BJP MP Nishikant Dubey dismissed the opposition’s concerns in an interview with The Indian Express ahead of the panel’s final meeting on January 30. He asserted that the bill was designed to “bring Muslims into the mainstream” and that the committee had thoroughly addressed all key issues.

Waqf, derived from the Arabic word meaning “endowment”, refers to personal property voluntarily donated by Muslims for religious, charitable or private purposes. Once designated as waqf, the property is considered to belong to God and its status becomes irreversible. The governance of waqf properties in India has developed over time through various legal frameworks, with the Waqf Act of 1995 serving as the primary legislation.

Under this law, a survey commissioner is appointed to identify and document waqf properties, investigate disputes, summon witnesses and review public records. The Act also includes strict provisions to safeguard waqf properties from encroachment, with penalties such as imprisonment for those found guilty of violations. A key amendment in 2013 further strengthened these protections, explicitly prohibiting the sale, exchange or transfer of waqf properties, ensuring their continued use for their intended religious or charitable purposes.

‘Waqf’ refers to properties permanently dedicated for religious or charitable purposes under Islamic law, meaning they cannot be sold or repurposed for any other use.

Understanding the Bill

The Waqf (Amendment) Bill, 2024, introduced by the government, aims to improve the administration and management of waqf properties across India. According to an official statement from September last year, the bill proposes several key changes, including renaming the existing Act, updating the definition of waqf, improving the registration process and integrating technology to enhance record-keeping and governance of waqf assets.

While the government claims these amendments will streamline the functioning of waqf boards and address inefficiencies, opposition parties and various Muslim organisations have strongly opposed the bill. They argue that the proposed changes are unconstitutional and could negatively impact the Muslim community. This has led to widespread protests and resistance against the bill, making it a contentious issue in the ongoing parliamentary session.

The JPC has introduced several revisions to the original Waqf (Amendment) Bill. A look at the key modifications:

Waqf-by-user clause: Properties registered as waqf-by-user before the bill is enacted will continue to be recognised as waqf, except in cases where ownership is disputed or the property belongs to the government. The restriction on new waqf-by-user registrations will apply only moving forward

Waqf creation criteria: Only individuals who have practiced Islam for at least five years will be eligible to create a waqf

Authority over property ownership: Instead of district collectors, an officer ranked above a collector, who will be appointed by the state government, will be responsible for determining property ownership and submitting reports to the state

Legal proceedings flexibility: Courts may accept legal cases regarding waqf property rights even beyond the six-month deadline if the applicant can justify the delay with a valid reason

Waqf tribunal composition: The tribunal will remain a three-member body, with at least one member knowledgeable in Muslim law and jurisprudence. The chairman will be a serving or former district judge, while the third member will be an official of at least Joint Secretary rank in the state government

The Waqf (Amendment) Bill was first introduced in Parliament last year and it sparked uproar from the Opposition. Following intense debate, it was referred to a Joint Parliamentary Committee (JPC) led by BJP MP Jagadambika Pal for further scrutiny. On February 13, the panel submitted its report, which received Union Cabinet approval on February 19.

However, controversy erupted when Opposition MPs in the committee alleged that their proposed amendments were dismissed and their dissent notes were removed from the final report without their knowledge. Despite these objections, a report by Hindustan Times suggests that the revised draft of the bill includes 25 recommendations put forth by the JPC.

With just two days left in the ongoing Budget session, Parliament is bracing for a showdown as the Lok Sabha takes up the controversial Waqf (Amendment) Bill for discussion and passage today. The debate is set to be a flashpoint between the ruling National Democratic Alliance (NDA) and the Opposition, marking one of the government’s most debated legislative moves in its third term.

The bill, which has undergone significant revisions, will be debated for eight hours in the Lower House. The latest draft incorporates 25 key recommendations from a joint parliamentary committee (JPC), including the crucial waqf-by-user clause and a provision ensuring the amendments apply only prospectively. We will bring you the latest developments and all things related to the Bill as the session progresses. Stay tuned for updates.