Opposition members raised a series of objections to the Waqf Amendment Bill

Members of the Parliamentary Joint Committee on the Waqf (Amendment) Bill pose for a group photo during a break in their first meeting at the Annex Building of Parliament House in New Delhi on August 22, 2024. | Photo credit: PTI

The parliamentary joint committee began consultations on the Waqf (Amendment) Bill on Thursday (August 22, 2024), with many members describing the atmosphere of the meeting as “combative”. Opposition members objected to many provisions in the bill, including “excessive interference” by the government, “inclusion of non-Muslim members” and the move to require “deed records” of Waqf properties.

The BJP’s former ally, the YSR Congress, also strongly opposed the amendments. The current allies have taken a middle line, supporting reforms and resolving issues.

Also read | Wakf bill: Muslim groups seek support from BJP allies, opposition leaders

The joint committee must submit its report before the start of the winter session, which is likely to be scheduled in the last week of November.

The meeting started at 11 am and continued till evening after a short break for lunch. Officials from the Ministry of Minority Affairs made a detailed presentation and elaborated on the various provisions of the bill. Representatives from the Ministry of Justice also attended the meeting and provided legal views.

Outspoken critic

Opposition parties were almost unanimous in agreeing to amend the clause, which states that the local collector is the primary authority to determine whether a property is Waqf or government land. The Congress, All India Muslim Majlis, Trinamool Congress and other opposition parties want the clause removed. The clause that allows non-Muslim members to join the Waqf committee has also caused uproar.

According to sources, All India Muslim League MP Asaduddin Owaisi, one of the most vocal critics, pointed out in the meeting that the government did not conduct any consultations before drafting the bill. Although the government claimed that it had considered the Sachar Committee report, he reportedly argued that the government had made its recommendations “selectively”. For example, the report recommended “wide consultation” for the membership of the Wakf Committee. This was used to justify the inclusion of non-Muslim members on the committee and to do away with the mandatory requirement for Muslim members to join universally. He said this was a misunderstanding of the committee’s recommendations, which called for “wide consultation” within the community.

Property deed requirements

The Socialist MP from Rampur Mohibbullah protested against the new law which requires submission of a ‘property deed’ while submitting the details of Waqf properties on the portal. He reportedly argued that if ‘customs and practices’ can be the basis for recognition of temples, then why should the expectations for Waqf properties be different.

Senior YSR Congress leader and Rajya Sabha MP Vijay Sai Reddy participated in the panel discussion on behalf of his party. Sources said Mr. Reddy pointed out a series of flaws in the new legislation. Besides the objections raised by other opposition parties, Mr. Reddy also opposed the idea of ​​allowing Waqf Boards for sub-sects like “Aghakhani” and “Bohra” Muslims, pointing out that it was a very divisive move. He pointed out that there were 12,000 encroachment complaints pending, but instead of resolving the issue, the government was making unnecessary interference in the law, which was not a step towards improvement.

Problematic clauses

Meanwhile, the NDA’s partner, the Telugu Mumbai Party, has taken a middle course. The party was represented in the Lok Sabha by its leader Ravu Sri Krishna Devarajalu, who, sources said, said during the meeting that the law should be strengthened while addressing everyone’s concerns. He said his party would make suggestions when the committee discusses the law clause by clause. Citing just one example of a flaw in the legislation, he pointed out that the new law states that only those who have “been Islam for at least five years” can donate to the wakf. Mr Devarajalu believes that this “five years” clause is untenable.

According to sources, Shiv Sena (Udhav Thackeray) MP Arvind Ganpat demanded to know the motive behind the bill.

Calling all stakeholders

Before the meeting, Jagdambika Pal, chairperson of the panel told the media that the committee will listen to the voices of different stakeholders. “We will discuss all 44 amendments and come up with a good and comprehensive bill before the next session,” he said, adding that the committee will convene various Muslim groups representing different sects to listen to their views.

The bill was introduced in the Lok Sabha on August 8. The next meeting of the panel is scheduled on August 30.