Amid dissent by the  Congess-led Indian National Developmental Inclusive Alliance (INDIA) which opposed the proposed law in its present form, terming the Bill ‘divisive’, ‘anti-Muslim’, and ‘unconstitutional’,  the Waqf (Amendment) Bill, 2024 was introduced in Lok Sabha on Thursday and referred to a Joint Parliamentary Committee (JPC) for further scrutiny.

After introducing the Bill in the Lok Sabha, Minority Affairs Minister Kiren Rijiju on Thursday said  the government is ready for further scrutiny of the legislation. Defending the Bill, Rijiju said the Central Government’s intention is clear and it has nothing to hide from the legislation saying the Waqf (Amendment) Bill does not intend to interfere with the freedom of any religious body and that no provision of the Constitution has been violated.

Lok Sabha Speaker Om Birla said he will talk with leaders of all parties for constituting the JPC.  Earlier, moving the Bill, the Minister clarified that this Bill is not intended to interfere with the functioning of religious bodies and is to provide justice to the disadvantaged and poor sections of the Muslim community.

Soon after Union Minority Affairs Minister Kiren Rijiju sought leave to introduce the Bill in the Lok Sabha, many Opposition MPs, who had given notices to oppose the Bill, alleged that the proposed legislation was an “attack on the Constitution and federalism”. Calling it an attack on the Constitution and aimed at targeting Muslims, several INDIA Bloc MPs urged the Government to withdraw the Bill. Parties such as Rashtriya Janata Dal (RJD), Samajwadi Party (SP), and the All India Majlis-e-Ittehadul Muslimeen (AIMIM) have criticised the proposed amendments including for inclusion of non-Muslims in waqf governance saying they will encroach on the religious rights.

The Bill proposes significant changes to the 1995 law, such as the inclusion of Muslim women on Waqf boards and ensuring verification of land before a board announces it as a Waqf property. The Government also introduced The Mussalman Wakf (Repeal) Bill, 2024.

Responding to the concerns flagged by Opposition members, Rijiju said Waqf Act 1995 did not serve its purpose, hence the amendment was planned. “I want to tell Congress these amendments are being brought to achieve what you (Congress) couldn’t,” he said.

“Because you couldn’t do it, we had to bring these amendments...Some people have captured Waqf boards and this Bill has been brought to give justice to ordinary Muslims,” he said. He claimed that many leaders in the opposition had privately told him that state Waqf boards had turned into a mafia. “I won’t take their names and destroy their political careers,” Rijiju said.

Defending the amendments, Rijiju said a joint parliamentary committee had recommended that Waqf Act 1995 should be re-looked. He said the opposition was opposing for the sake of politics. Rijiju said “Opposition is trying to mislead people about intention of Waqf bill. No law can be above Constitution but 1995 Waqf law has such provisions”. He said in the earlier law, there was no provision to challenge or review the order or judgement of the tribunal. Now, provision was being made for verdicts to be challenged at higher courts, the minister said.

“In our country, no law can be a super law and that can’t be above the Constitution. However, in the 1995 Wakf Act, there are provisions that are above the provisions in the Constitution. Shouldn’t that be changed?” he asked.

Rijiju said, “With this bill, there is no interference in the freedom of any religious body….Forget about taking anyone’s rights, this bill has been brought to give rights to those who never got them.”He also asserted that no provision of the Constitution has been violated in the draft law.

“The wrongs which you have done, now, we are correcting those,” Rijiju said, hitting out at the Congress. He asserted the government had conducted thorough consultations at all levels, and also cited cases such as an entire village in Tamil Nadu being declared Waqf land to underline the need for reforms in the law. The opposition shouldn’t see such issues through the prism of religion, he said and accused it of misleading Muslims. Similarly, the Surat municipal corporation headquarters was declared Waqf property, he said and asked how is this possible.

 He claimed that many MPs have privately told him that Waqf boards have been captured by mafia.He underlined that extensive consultations have taken place before the bill was drafted.Rijiju claimed such MPS were opposing the bill due to party pressure.

Home Minister Amit Shah said since the Waqf Act of 1995 came into being, there was a need to repeal the Mussalman Wakf Act, 1923 which had lost its relevance.He accused the opposition of “misleading” Muslims and saying that amendments had to be brought in as the present act had many mistakes and could not serve its purpose.

From giving the government a big say in regulating waqf properties, redefining how a property is deemed to be in the possession of waqf to changing the composition of waqf boards in states, the Centre on Thursday introduced the Waqf (Amendment) Bill and the Mussalman Wakf (Repeal) Bill, 2024 to overhaul the regulatory framework of Muslim charitable endowments.

The bill seeks to omit Section 40 of the current law relating to the powers of the board to decide if a property is Waqf property. It provides for a broad-based composition of the Central Waqf Council and the state Waqf boards and ensures the representation of Muslim women and non-Muslims in such bodies.

The bill also proposes the establishment of a separate board for the Boharas and Aghakhanis. The draft law provides for the representation of Shias, Sunnis, Bohras, Agakhanis and other backward classes among Muslim communities. The bill also aims to clearly define “Waqf as Waqf by any person practising Islam for at least five years and having ownership of such property.”

One of its objectives is streamlining the manner of registration of Waqfs through a central portal and database. A detailed procedure is established for mutation as per revenue laws with due notice to all concerned before recording any property as a Waqf property. The Wakf Act, 1995, was brought to regulate ‘Auqaf’ (assets donated and notified as Waqf) by a ‘wakif’ (the person who dedicates a property for any purpose recognised by Muslim law as religious or charitable).

The Bill states that “any government property identified or declared as waqf property, before or after the commencement of this Act, shall not be deemed to be a waqf property.” However, the amendment states that the Collector will make this determination in case of a dispute and not the Waqf Tribunal.

Currently, under the 1995 Act, this decision is made exclusively by the Waqf Tribunal and as per Section 6 of the Act, “the decision of the Tribunal in respect of such matter shall be final.” The Bill, by omitting the provisions relating to the “waqf by user,” makes a waqf property suspect in the absence of a valid waqfnama.