Waqf Bill up for debate in the Lok Sabha today: All you need to know

The Waqf (Amendment) Bill, 2024, proposes key changes to waqf property management, sparking protests from Muslim organisations and opposition parties over concerns of government control

The Centre introduced the Waqf (Amendment) Bill, 2024, in Parliament on Wednesday. The Bill has sparked protests from Muslim organisations, including the All India Muslim Personal Law Board (AIMPLB). 

Background and Opposition concerns  

 

Initially introduced in August 2023 amid strong opposition, the Bill was subsequently referred to a Joint Parliamentary Committee (JPC) led by BJP MP Jagadambika Pal. After months of deliberation, the committee submitted its report on February 13 this year, which the Union Cabinet approved on February 19. However, opposition MPs on the panel have raised concerns that their proposed amendments were rejected and their dissent notes were omitted without their knowledge.  

 

 

The JPC accepted 14 changes suggested by NDA members while rejecting all 44 amendments proposed by opposition MPs.

 

The panel's deliberations were also marked by disruptions. TMC MP Kalyan Banerjee was suspended for a day after allegedly disrupting proceedings and smashing a bottle on the table.

 

Additionally, six opposition MPs — including Asaduddin Owaisi (AIMIM), Mohammad Jawed (Congress), Sanjay Singh (AAP), Mohammed Nadimul Haque (TMC), and MM Abdulla (DMK) — wrote to Lok Sabha Speaker Om Birla, accusing Pal of “bulldozing the proceedings."

 

In their letter, the opposition members said, “We, the members from the Opposition, feel that the constitution of the panel, i.e., a mini Parliament, should not be treated as a mere ventilating chamber to get the Bill passed as desired by the government, ignoring the parliamentary process by using the so-called ‘majority’ undemocratically. Hence, it is our duty to bring to your notice with pain that bulldozing the proceedings of the parliamentary committee without assigning reasonable and plausible time pause as against the will of the members is nothing but an act of atrocious onslaught on the Constitutional religion and Parliament."  Read: Waqf Amendment Bill LIVE

 

What is Waqf?  

 

Waqf refers to a charitable or religious endowment in the form of property, primarily within the Muslim community. These properties are often donated without formal documentation, and their proceeds are used to maintain mosques, graveyards, madrasas, and orphanages.  

 

Key provisions of the Waqf (Amendment) Bill, 2024  

 

The government asserts that the proposed amendments aim to enhance the administration and management of waqf properties. According to an official statement issued in September 2023, the Bill seeks to "overcome the shortcomings of the previous Act and enhance the efficiency of Waqf boards by introducing changes such as renaming the Act, updating the definition of Waqf, improving the registration process, and increasing the role of technology in managing Waqf records."

 

However, opposition parties and Muslim organisations have strongly opposed the Bill, calling it "unconstitutional" and detrimental to the interests of the Muslim community.  

 

Controversial provisions

 

Among the many proposed changes, five provisions have drawn significant criticism from Muslim organisations, including the AIMPLB:  

 

1. Changes to waqf council and state boards

 

 - The Bill mandates the inclusion of non-Muslims in the central waqf council and state waqf boards, a move seen as an encroachment on Muslim affairs.  

 

2. Dispute resolution by government officials  

 

 - In cases of dispute, a senior state government official will have the final say on whether a property belongs to waqf or the government. This replaces the existing system where such decisions are made by waqf tribunals.

 

3. Restructuring of waqf tribunals  

 

 - The Bill proposes changes to the waqf tribunal’s composition, which will include a district judge and a state government official of joint secretary rank. Additionally, tribunal decisions can be challenged in the high court.  

 

4. Mandatory property registration  

 

 - Every waqf property must be registered on a central portal within six months of the law taking effect. However, the waqf tribunal may extend this timeline in specific cases.  

 

5. Removal of 'waqf by user' clause  

 

 - This clause, which allowed properties to be recognised as waqf if used for religious or charitable purposes over time without formal documentation, has been scrapped.  

 

 - Following an intervention by NDA ally TDP, the JPC has recommended that this change should not be applied retrospectively.  

 

Waqf row: Political fallout  

 

The Bill has ignited a heated political debate, with the Opposition accusing the government of targetting Muslim religious institutions. AIMIM MP Owaisi has been at the forefront of the criticism, calling the Bill a direct attack on religious freedoms.  

 

“This Bill is unconstitutional. If no non-Hindu can become a member of the Hindu Endowment Board, then why are you making a non-Muslim here?" Owaisi questioned, referring to the proposed restructuring of the waqf council.  

 

However, Union Minister of Minority Affairs Kiren Rijiju has dismissed these allegations, accusing the Opposition of misleading the Muslim community.  

 

“Some people are saying that the Bill is unconstitutional. Waqf rules, its provisions have been in existence since before Independence... then how can it be illegal?" Rijiju said, denying claims that the Bill seeks to seize waqf properties.