Key Points
- The Joint Parliamentary Committee (JPC) has cleared the Waqf (Amendment) Bill, 2024, accepting 14 amendments proposed by ruling BJP-led NDA members.
- All 44 amendments proposed by opposition members were rejected.
- The Bill seeks to amend the Waqf Act of 1995 to address management and regulatory challenges related to Waqf properties.
- A controversial amendment proposes removing the concept of “Waqf by user” for properties used for religious purposes.
- Opposition leaders have accused the JPC chairman of suppressing their concerns, calling the process “undemocratic.”
- Both ruling and opposition members proposed over 500 amendments, reflecting the contentious nature of the Bill.
New Delhi: In a significant development, the Joint Parliamentary Committee (JPC) on Waqf (Amendment) Bill, 2024, cleared the draft legislation on Monday. The committee adopted all 14 amendments proposed by BJP-led National Democratic Alliance (NDA) members and dismissed 44 amendments moved by opposition members, underscoring the deep divide over the Bill.
Aiming for Reforms, But Sparking Controversy
The Waqf (Amendment) Bill, 2024, introduced by Union Minority Affairs Minister Kiren Rijiju in the Lok Sabha on August 8, seeks to amend the Waqf Act of 1995. The Bill aims to address challenges in regulating and managing Waqf properties but has drawn criticism for certain provisions that opposition members argue could alter the intent and scope of the original legislation.
JPC chairman and BJP MP Jagdambika Pal expressed optimism about the amendments, stating, “The kind of changes passed today… I believe a better Bill will be prepared.” Pal explained that while ruling members’ amendments in 14 clauses were accepted, opposition proposals for 44 clauses were defeated through a voting process.
“This was the result of detailed discussions over six months. We sought input from all members, and the committee made its final decisions based on majority consensus,” Pal added.
Key Amendment Sparks Debate
One of the most debated amendments involves the removal of the “Waqf by user” provision, which currently allows properties to be designated as Waqf based on long-standing usage for religious purposes. If enacted, the revised Bill would ensure that Waqf properties already in use for religious activities cannot be questioned under this clause, a move proponents argue will reduce disputes but which critics warn could lead to ambiguity.
Opposition Outcry: Calls of Bias and Protest
Opposition leaders strongly opposed the committee’s handling of the Bill, accusing Pal and the BJP of pushing through their agenda while marginalizing dissenting voices.
Trinamool Congress MP Kalyan Banerjee lambasted the proceedings, saying, “It was a farcical exercise. We were not heard. Pal has acted in a dictatorial manner.”
Ten opposition MPs, including Congress’ Nasir Hussain and AIMIM’s Asaduddin Owaisi, were suspended on Friday after heated protests disrupted committee meetings. The MPs accused Pal of bias and expressed frustrations over the rejection of their proposed amendments.
Contentious Clauses: A Renaming Dispute
Another point of contention was the government’s proposal to rename the Act from the “Waqf Act, 1995” to the “Unified Waqf Management, Empowerment, Efficiency and Development (UMEED) Act, 1995.” Opposition members questioned the need for the new title, suspecting it serves a political purpose rather than a regulatory one.
The Bill also drew resistance for its provision to create separate Waqf boards for specific sects, such as Shias and Aga Khanis, which opposition leaders claim could fragment the existing framework.
Government Justifies Reforms Amid Protests
Defending the process, Pal dismissed opposition allegations, emphasizing the democratic nature of the exercise. “I asked all members whether they wanted to move their amendments, and they did. There can’t be anything more democratic than this,” he said. He noted that the Bill reflects inputs from stakeholders, including Waqf board members, jurists, and community leaders.
Pal further justified the rejected amendments, stating that the changes proposed by the opposition did not align with the Bill’s objectives. Instead, he highlighted that the accepted amendments from NDA members strengthened the legislation.
Moving Forward: What the Bill Offers
The Waqf (Amendment) Bill includes several procedural changes aimed at improving the management of Waqf properties. One major feature is the removal of the Waqf board’s exclusive authority over determining Waqf property, introducing new mechanisms to resolve disputes.
The final draft of the Bill is expected to be tabled in the upcoming session of Parliament, where it will be up for debate and approval.
The Road Ahead
As the Waqf Bill inches closer to becoming law, it faces an uphill battle, with opposition members gearing up to challenge its provisions in Parliament. The government’s move to reform Waqf property management is being viewed by many as necessary, though critics worry about potential overreach and political motivations.
The Waqf (Amendment) Bill, 2024, is poised to remain a flashpoint for political debates, with implications for minority communities and property rights across the country.
