As the Indian Parliament convened for its monsoon session, a new legislation has taken centre stage, sparking intense debate amongst lawmakers and the public. On 8 August 2024, the Union Minority Affairs Minister, Kiren Rijiju, introduced the Waqf (Amendment) Bill, 2024, aiming to overhaul the existing Waqf Act of 1995. However, after an intense debate in the Lok Sabha, Rijiju agreed to refer the bill to a joint committee of Parliament with representation from across the political spectrum.
The waqf boards, among the largest landowners in India, rank third after the Railways and the Defence Ministry. They manage around 9 lakh (900,000) acres of land, valued at over Rs 1.2 lakh crore (approximately 1.3 billion USD). These properties, dedicated for religious or charitable purposes under Islamic law, are governed by the Waqf Act, which ensures their proper administration and management.
The proposed amendments, if enacted, would mark a significant shift in the way waqf properties are regulated and controlled. Some of the key changes include:
Broadening representation: The bill calls for the establishment of a Central Waqf Council and state-level Waqf Boards with representation from Muslim women and non-Muslims. This move has drawn criticism from opposition parties, who argue that it undermines the autonomy of the Muslim community to manage its own religious affairs.
Role of the district collector: One of the more contentious provisions is the proposal to designate the District Collector as the primary authority in determining whether a property is classified as waqf or government land, a responsibility previously vested in the Waqf Tribunal. Critics argue that this change could potentially enable the misuse of power by vested interests seeking to acquire valuable properties.
Separate boards for minorities: The legislation also outlines the creation of a distinct Board of Auqaf specifically for the Bohra and Aghakhani communities, ensuring representation for Shias, Sunnis, Bohras, and Aghakhanis within waqf boards.
Auditing and centralised database: The bill grants the central government the authority to initiate audits of waqf properties through auditors appointed by the Comptroller and Auditor General of India. Additionally, it mandates the creation of a centralised portal and database to streamline the registration and documentation of waqf properties.
The government's stated objective is to address the perceived shortcomings of the existing Waqf Act, which it claims has failed to effectively regulate and manage waqf properties. However, the proposed amendments have faced fierce opposition from various political parties, who have raised concerns over the constitutionality and potential implications of the bill.
Opposition leaders, such as K.C. Venugopal of the Congress party, have accused the government of "attacking the Constitution" and undermining the autonomy of the Muslim community. They argued that the inclusion of non-Muslim members in the governing bodies of waqf properties violates the fundamental right of religious denominations to manage their own affairs, as enshrined in Article 26 of the Indian Constitution.
Venugopal stated, "This is a direct attack on the freedom of religion. You are going for Muslims. Next, they will go for Christians, then Jains… We are Hindus. We are believers. But at the same time, we also respect other religions."
Dravida Munnetra Kazhagam (DMK) leader Kanimozhi echoed these sentiments, stating that the bill "shuns justice in every possible manner" and questioned whether non-Hindus would be allowed to serve on the boards of Hindu temples.
Samajwadi Party MP Mohibullah Nadvi pointed out the apparent double standard, noting that in Hindu or Sikh religious institutions, only members of the respective faiths are allowed to serve on the governing bodies.
The government, however, has defended the proposed changes, with Minority Affairs Minister Kiren Rijiju asserting that the amendments are in line with the recommendations of the Sachar Committee and are aimed at improving the administration and transparency of waqf properties. Rijiju has also argued that the inclusion of non-Muslim members is not an attack on the Muslim community's religious freedom, but rather a measure to ensure broader representation and accountability.
