Waqf bill in Lok Sabha: What changes is govt proposing? Why has it triggered such outrage?

Controversy has exploded over the Waqf bill introduced in the Lok Sabha.

The Waqf (Amendment) Bill, introduced by Union Minority Affairs Minister Kiren Rijiju, suggests over three dozen changes to the Waqf Act, 1995 – the law governing Waqf boards in India.

Rijiju has proposed sending the Bill to a joint parliamentary committee after objections from opposition parties.

But what are the changes in the Bill? Why has it triggered such a debate?

Let’s take a closer look:

What are the changes?

As per The Print, the Bill suggests making 44 changes to the Waqf, Act 1995.

The Wakf Act, 1995, was introduced to regulate Auqaf – that is assets donated and notified as Waqf by a ‘wakif’, who is the person who dedicates a property for any purpose recognised by Muslim law as religious or charitable.

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The Act was previously amended in 2013.

The Bill proposes a slew of changes including

• Representation for Muslim women and non-Muslims in Waqf bodies such as the Central Waqf Council and the state Waqf boards

• Establishing a separate board for the Boharas and Aghakhanis

• Allowing for representation of Shias, Sunnis, Bohras, Agakhanis and other backward classes among
  Muslim communities

• Defining Waqf as “any person practising Islam for at least five years and having ownership of such property.”

• Streamlining the manner of registration of Waqfs through a central portal and database.

• Establishing a detailed procedure is for mutation as per revenue laws with due notice to all concerned before recording any property as a Waqf property.

• It proposes including two women on the Central Waqf Council and state Waqf Boards

• That money received by the Waqf Board must be used for the welfare of widows, divorcees, and orphans in the manner suggested by the government

• That women’s inheritances must be protected.

• Renaming the Waqf Act, 1995, as the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995.

However, the most eye-catching proposal and which has arguably caused the most uproar, is the abolition of Section 40 of the Waqf Act.

As per The Print, this gives Waqf boards the power to designate a property as ‘Waqf property.’

The bill empowers district collectors to resolve disagreements between the Waqf Board and the Centre. In case of a dispute, a Collector will examine the case and send the reports to respective state governments.

“In case the Collector determines the property to be a Government property, he shall make necessary corrections in revenue records and submit a report in this regard to the State Government,” the Bill states as per Indian Express.

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The Collector will also name a survey commissioner, or another officer not below the rank of deputy collector, to inspect the Waqf property.

“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,” the Bill adds.

As per Indian Express, this decision is currently in the hands of the Waqf Tribunal under Section 6 of the Waqf Act, 1995.

“The decision of the Tribunal in respect of such matter shall be final,” the Act states.

The Bill seeks to delete these words from the Act.

The bill also seeks to give the Centre power to change the make-up of the Central Waqf Council.

The council, established in 1964, advises the Centre, state governments and Waqf boards.

The Boll proposes that the three MPs – two from the Lok Sabha and one from the Rajya Sabha – be added to the council.

Crucially, the Bill does not mandate that these MPs be Muslim.

The Waqf Act, 1995, states that the three MPs on the council must be Muslim.

Why the outrage?

Because the Bill’s amendments aim to take power out of the hands of the Waqf Tribunal and hand it to district collectors.

As per Indian Express, the amendments also aim to do away with “Waqf by use.”

This is when a property is designated as a Waqf property upon using it – even though the original declaration might be dubious.

Under Islamic law, a property was designated as Waqf verbally before documentation became the rule.

Even when a waqfnama is lacking, property like a masjid can be deemed to be Waqf if it is used continuously.

The Print quoted the All India Muslim Personal Law Board (AIMPLB) spokesperson Qasim Rasool Ilyas as saying, “They are transferring all power to the collector. The Waqf will become powerless.”

“Any change in the Waqf Act, which alters the nature of waqf properties, or makes it easier for the government or any individual to usurp them, will not be acceptable.”

The bill has also triggered outrage from Waqf officials who complain that they have not been consulted.

“We got this information from social media. They (government) didn’t contact the state waqf boards or council. They should discuss with us,” a senior official of the Haryana Waqf Board told The Print.

“Board members and officials are very upset and angry.”

Some even described the bill as a “malicious act of the government.”

However, other Waqf officials have ‘welcomed the proposal,’ as per The Print.

K Rahman Khan, former Minority Affairs Minister at the Centre in the UPA-II regime, told Indian Express, “All of a sudden, the government has floated this Bill without consultations with the stakeholders, including the Muslim community. This Bill in total has undone whatever reforms the government had brought in 2013 through an amendment to the Waqf Act… They are abolishing the Tribunals and survey of waqf properties. No waqf will be registered without a deed. They have made the Collector the authority on issues related to waqf properties who is a government servant and not an individual authority.”

‘Opposition misleading Muslims’

Home Minister Amit Shah has 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.

Soon after Rijiju sought leave to introduce the bill, many opposition MPs, who had given notices to oppose the bill, alleged that the proposed legislation was an “attack on the Constitution and federalism”.

Responding to the concerns flagged by opposition members, Rijiju said there will be no interference with freedom of any religious body in the Waqf bill.

“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 multiple times have been amended,” Rijiju was quoted as saying by News18.

He also asserted that no provision of the Constitution has been violated in the draft law.

He said that the Waqf Act 1995 did not serve its purpose and told Congress members that the proposed amendments seek to achieve what the Congress government couldn’t.

The minister told the House that a joint parliamentary committee had recommended that Waqf Act 1995 should be re-looked and said the opposition was opposing the measure for the sake of politics.

Rijiju said the opposition was trying to mislead people about intention of the Waqf bill. He said no law can be above Constitution but 1995 Waqf law has such provisions.

He claimed that many MPs have privately told him that Waqf boards have been captured by mafia.  He said that extensive consultations have taken place before the bill was drafted.

Rijiju claimed such MPS were opposing the bill due to party pressure.

Opposition resolute

However, the opposition remained unmoved.

News18 quoted AIMIM MP Asaduddin Owaisi said, “This Bill violates the principles of Articles 14, 15 and 25 of the Constitution. This Bill is both discriminatory and arbitrary…By bringing this bill, you (the Central govt) are doing the work of dividing the nation not uniting it. This bill is evidence of the fact that you are an enemy of the Muslims,” he said.

Congress MP KC Venugopal described the Bill as an “attack on the federal system”.

“…We are Hindus but at the same time, we respect the faith of other religions. This bill is specialised for the Maharashtra, Haryana elections. You do not understand that last time the people of India clearly taught you a lesson. This is an attack on the federal system…”

Congress MP Manish Tewari added, “The Bill is also violative of the legislative competence of the government to even bring this Bill to Parliament because there is no entry in the union list which pertains to religious endowments. So under those circumstances, the Bill suffers from the malady of excessive delegation of powers, which is an assault on the federal structure…The bill needs to be withdrawn.”

NDTV quoted Samajwadi Party chief Akhilesh Yadav as saying, “This Bill has been introduced as part of well-thought-out politics. When there is a democratic process for election, why nominate people. No person from outside the community is part of other religious bodies. What is the point of including non-Muslims in Waqf bodies?”

Samajwadi Party MP Mohibbullah added, “This is injustice to Muslims. “We are going to commit a huge mistake, we will suffer because of this Bill for centuries. This is interference with religion.”