9

Aug

Politics and sociology of Modi Govt’s move to amend Waqf Act

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Dr Satish Misra

New Delhi | Friday | 9 August 2024

Convinced that communal polarisation pays rich electoral dividends, the Modi government on 8 August 2024 introduced the Waqf (Amendment) Bill 2024 in the Lok Sabha which is aimed at hitting at the very roots of the freedom of religions guaranteed by the Constitution.  

 

Though a determined opposition made the Modi government agree to send the Waqf (Amendment) Bill 2024, introduced today in the Lok Sabha, to send it to a Joint Parliamentary Committee for wider scrutiny, the BJP-RSS appear to be confident that the move will result in political and electoral gains in coming assembly elections in Haryana, Maharashtra, Jharkhand and in Delhi next year.      

 

Union Minister Kiren Rijiju, who introduced the Waqf (Amendment) Bill 2024 in Parliament, after protests from the opposition calling the Bill “Unconstitutional”, proposed to send it to a Joint Parliamentary Committee for wider scrutiny.

 

 

Article at a Glance
The Indian government has introduced the Waqf (Amendment) Bill 2024, which has sparked controversy and opposition from various political parties. The bill aims to amend the 1995 Waqf Act, which regulates assets donated for religious or charitable purposes in the Muslim community.

The opposition has criticized the bill, calling it "unconstitutional" and an "attack on the Constitution and federalism." The bill proposes to include non-Muslim members in Waqf bodies, which has been met with resistance from opposition parties. Despite the opposition, the government has agreed to send the bill to a Joint Parliamentary Committee for wider scrutiny.

The bill's fate remains uncertain, but its introduction has already sparked heated debates and protests in the Indian parliament. The opposition fears that the bill may undermine the freedom of religion and the rights of the Muslim community.

 

Opposition parties joined forces to oppose the legislation that aims to address issues related to the powers of State Waqf Boards, registration and survey of Waqf properties and removal of encroachment

 

The opposition protested against the introduction of the Waqf (Amendment) Bill in the Lok Sabha, with Congress MP KC Venugopal calling it "draconian" and an "attack on the Constitution".

 

Soon after Rijiju sought to introduce the bill, Venugopal -- who had submitted notice to oppose its introduction -- accused the government of violating freedom of religion and attacking the federal system through it.

 

This is a draconian law and a fundamental attack on the Constitution," Venugopal said.

 

He said people taught the BJP a lesson for its divisive politics but it was continuing with the same, keeping in mind the upcoming assembly elections in states such as Haryana and Maharashtra.

 

Opposing the legislation, Samajwadi Party chief Akhilesh Yadav said it has been introduced as part of a 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?" he said.

 

Yadav said the BJP has brought this legislation to appease some hardline supporters after its setback in the Lok Sabha election.

 

Samajwadi Party MP Mohibullah Nadvi said the bill was against freedom of religion.

 

He said appointing non-Muslims to the central Waqf council and other such bodies was violative of the rights of Muslims.

 

Opposing its introduction, Trinamool Congress (TMC) MP Sudip Bandhopadhyay said the bill was divisive, anti-constitutional and anti-federalism.

 

"This is against the Constitution, a religious minority and federalism. It shuns justice in every possible way," DMK MP Kanimozhi said, opposing the bill's introduction.

 

The government will “constitute a Joint Parliamentary Committee and refer the bill to it for wider scrutiny. Discuss the bill extensively, call more stakeholders, and listen to their opinions. Pass this [Bill] to the committee, and in future we will listen to their suggestion with open heart”, the Minister told Parliament realising that there was no other option but to agree to the opposition benches.

 

According to its statement of objects and reasons, the Waqf (Amendment) Bill 2024 seeks to omit Section 40 of the current law relating to the powers of the board to decide if a property is Waqf.

 

Rijiju defended the bill which the opposition called “Unconstitutional”. Many opposition MPs, who had given notices to oppose the bill, alleged that the proposed legislation was an "attack on the Constitution and federalism". However, Rijiju claimed that there were many senior leaders in the Opposition who approved the Bill in private.

 

He said, “The opposition is trying to mislead Muslims; many MPs told me privately that Waqf boards were captured by mafia, but now they are opposing the bill.”

 

Rijiju claimed the Waqf (Amendment) Bill was brought after extensive consultations.

 

Responding to the concerns expressed by the opposition members, Rijiju said there would be no interference with the freedom of any religious body in the Waqf bill. He asserted that no provision of the Constitution had been violated in the draft law.

 

The legislation proposes to amend 44 sections of the 1995 Waqf Act. The Bill proposes that the Central Waqf Council and state Waqf Boards must have two women. It also lays down 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. Another key proposal is that women's inheritances must be protected. The provision for including non-Muslim members of Waqf bodies is another contentious point in the proposed law.

 

The new bill also gives women positions as members but adds that "the creation of waqf-alal-aulad does not lead to the denial of inheritance rights to women".

 

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

 

The controversial Waqf bill omits section 40 relating to the powers of the board to decide if a property is owned by Waqf.

 

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, of 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 Act was last amended in 2013.

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