'Waqf (Amendment) Bill Sent To Joint Parliamentary Committee', Says Govt

Minority Affairs Minister Kiren Rijiju proposed on Thursday to send the controversial Waqf (Amendment) Bill to a joint parliamentary committee after facing strong criticism from opposition parties.

Union Minister Kiren Rijiju addressed the Lok Sabha during the Monsoon session of Parliament in New Delhi on Thursday, August 8, 2024, as reported by Hindustan Times.

Govt Suggests Joint Panel Review for Waqf (Amendment) Bill

The BJP-led NDA government introduced the Waqf (Amendment) Bill in the Lok Sabha on Thursday. Opposition members have voiced concerns about the bill's provisions. Congress MP KC Venugopal described it as an "attack on the federal system," while AIMIM MP Asaduddin Owaisi argued that it infringes on Articles 14, 15, and 25 of the Indian Constitution. NCP (SCP) MP Supriya Sule has called for either its withdrawal or referral to a standing committee for a more thorough review. Additionally, Revolutionary Socialist Party (RSP) MP NK Premachandran warned that the bill could face judicial challenges.

In defence of the bill, Rijiju clarified that it has been renamed the "United Waqf Act Management, Empowerment, Efficiency and Development Act," or "UMEED" for short. He asserted that the bill does not violate religious freedoms, as guaranteed under Articles 25 to 30 of the Constitution. Rijiju pointed out that the Supreme Court has ruled that Waqf Boards do not fall under the purview of these articles, which protect religious practices.

Rijiju emphasized that the bill is designed to enhance the rights of those who have been deprived, rather than infringe upon any constitutional guarantees. "This Bill has been brought to give those who have been deprived of their rights, their due rights," he stated.

Key Provisions of the Waqf (Amendment) Bill, 2024

The Waqf (Amendment) Bill, 2024, seeks to address various issues concerning the powers of State Waqf Boards, the registration and survey of Waqf properties, and the removal of encroachments. It proposes repealing the Mussalman Wakf Act, 1923, and renaming the existing Waqf Act, 1995, to the Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995.

A notable and controversial feature of the bill is the inclusion of non-Muslims in the central Waqf council, state Waqf boards and Waqf tribunals. The bill aims to establish a more "broad-based" composition of these bodies, including representation from various Muslim communities and non-Muslims.

The bill also proposes redefining "Waqf" to ensure that only lawful property owners who have practised Islam for at least five years can create Waqf through formal deeds. This change aims to prevent the unauthorized creation of Waqf and curb the practice of "Waqf by user," where properties are declared Waqf based on long-standing community use rather than formal dedication.

Additionally, the bill mandates the registration of all Waqf properties through a central portal to create a comprehensive national database for improved transparency and control over Waqf assets. It also shifts the responsibility for surveying Waqf properties from survey commissioners to district collectors or equivalent officers and introduces stricter audit and governance provisions, including the authority for the central government to order audits by the Comptroller and Auditor General (CAG).

As the bill moves forward, the proposed review by a joint parliamentary committee aims to address the concerns raised and ensure a more comprehensive examination of its provisions.