JPC Clears Waqf Bill, Opposition Unheard?

The Waqf Amendment Bill, introduced in the Lok Sabha in August 2024, aimed to amend the Waqf Act of 1995, which governs the management of Waqf properties in India. The bill has been the subject of intense scrutiny and debate, particularly after its referral to the Joint Parliamentary Committee (JPC), which was tasked with reviewing it.

Chaired by BJP MP Jagdambika Pal, the JPC has faced accusations from opposition members of bias and a lack of transparency, particularly regarding the rejection of 44 amendments proposed by opposition parties while accepting 14 amendments from the ruling National Democratic Alliance (NDA). Key concerns raised by opposition members include the bill’s provisions allowing for the appointment of non-Muslim members on Waqf boards, which they argue undermines the autonomy of Muslim religious institutions and violates constitutional rights. Additionally, the removal of the “Waqf by user” clause has sparked fears of increased government interference and potential encroachments on Waqf properties.

The JPC’s proceedings have been marked by heated exchanges, protests, and even suspensions of opposition members, further complicating the legislative process. As the committee submits its report, the bill’s implications for minority rights and the governance of Waqf properties remain contentious issues, with various stakeholders, including Muslim organisations, expressing strong opposition to the proposed changes. The final report is expected to be presented to the Lok Sabha soon, setting the stage for further parliamentary debate.

Jargon

Viewpoints 💭

  • The opposition argues that the Waqf Amendment Bill infringes on the constitutional rights of the Muslim community by allowing non-Muslims on Waqf boards, which they see as a violation of religious autonomy.
  • Concerns are raised about the removal of the ‘waqf by user’ clause, which is perceived as increasing government interference and threatening the autonomy of Waqf properties.
  • Opposition members criticise the bill for potentially enabling government encroachment on Waqf properties and undermining the independence of Waqf institutions.
  • The opposition views the bill as a targeted measure against minorities, particularly Muslims, and accuses the ruling party of using it for political gains ahead of elections.
  • There is a strong call for broader consultations and stakeholder engagement, with opposition parties demanding more time to review the amendments and ensure minority voices are heard.
  • The left views the Waqf Amendment Bill as an infringement on religious freedom and minority rights, while the right sees it as a necessary step towards transparency and accountability in Waqf management.
  • Opposition parties argue that the bill undermines the autonomy of Muslim religious institutions, whereas the ruling party believes it promotes inclusivity by allowing non-Muslims on Waqf boards.
  • The left criticises the removal of the ‘waqf by user’ clause as a threat to Waqf property autonomy, while the right argues it will prevent misuse and encroachments.
  • The opposition perceives the bill as politically motivated and targeting minorities, while supporters claim it addresses socio-economic issues and integrates Muslims into the mainstream.
  • The left demands broader consultations and stakeholder engagement, viewing the process as rushed and undemocratic, while the right defends the bill’s passage as a democratic and inclusive process.
  • Proponents of the bill argue that it aims to enhance transparency and accountability in the management of Waqf properties, addressing long-standing issues of mismanagement.
  • The inclusion of non-Muslims on Waqf boards is defended as a move towards inclusivity and broader representation, ensuring diverse perspectives in decision-making.
  • The bill is seen as a necessary reform to modernise Waqf property management, with provisions to protect the rights of backward Muslims, women, and orphans.
  • Supporters claim that the bill will prevent encroachments and misuse of Waqf properties, aligning with previous recommendations for better governance.
  • The ruling party emphasises that the bill is not anti-Muslim but rather a step towards integrating Muslims into the mainstream and addressing socio-economic issues.

Prominent Voices 📣

  • Asaduddin Owaisi (AIMIM Chief): Argued that the bill would destroy Waqf boards and enable government interference, emphasising the inadequacy of protections for ‘waqf by user’ properties. 1 2
  • A Raja (DMK MP): Criticised the process as undemocratic and a mockery, with plans to challenge the legislation in court. 2 3
  • Gaurav Gogoi (Congress MP): Voiced concerns about the potential misuse of litigation to challenge ‘waqf by user’ properties under the amended Act. 1 3
  • Kanimozhi (DMK MP): Voiced concerns about the bill’s impact on minority rights and its potential constitutional violations. 4 5
  • Naseer Hussain (Congress MP): Condemned the amendments as unconstitutional and targeting minorities, alleging that objections were ignored. 6 7
  • Imran Masood (Congress MP): Criticised the bill for violating constitutional rights and questioned the inclusion of non-Muslims on Waqf Boards. 6 3
  • Mohammad Jawed (Congress MP): Accused the BJP of bypassing opposition voices and pushing an agenda to control waqf properties, emphasising the impact on rights and community identity. 8 9
  • Mohibullah (Samajwadi Party MP): Opposed the requirement for a property deed for Waqf properties, comparing it to the recognition of temples based on customs. 6 8
  • Kalyan Banerjee (Trinamool Congress MP): Criticised the committee’s proceedings as undemocratic and claimed that opposition voices were ignored, describing the recommendations as perverse. 6 2
  • Mirwaiz Umar Farooq (Hurriyat chairman): Opposed the amendments and advocated for a dialogue to safeguard Waqf institutions and Muslim community rights. 10 11
  • Jagdambika Pal (JPC Chairperson): Confirmed the adoption of amendments through majority voting, despite opposition proposals being defeated, and emphasised the importance of reviewing the amendments thoroughly to ensure the bill addresses current challenges effectively. 6 2
  • Kiren Rijiju (Union Minority Affairs Minister): Highlighted the necessity of the bill to modernise the management of Waqf properties and address existing issues, defending it against opposition claims of unconstitutionality. 12 8
  • Tejasvi Surya (BJP MP): Defended the bill as promoting transparency and empowering the Muslim community. 3 13
  • Nishikant Dubey (BJP MP): Emphasised the Bill’s role in mainstreaming Muslims and criticised the Opposition for their approach to the committee’s work. 14 7
  • Aparajita Sarangi (BJP MP): Highlighted the democratic and inclusive nature of the JPC discussions and the extensive stakeholder consultations, dismissing the Opposition’s allegations. 6 15
  • Sanjay Jaiswal (BJP MP): Noted the clause-by-clause discussion but acknowledged ongoing opposition concerns. 6 16

Sources 📚

1
The Times of IndiaJPC adopts waqf report, bill may be tabled next week
2
NDTV“Mockery”: Opposition MPs In Waqf House Panel Say Their Suggestions Ignored
3
Kashmir ObserverJPC Adopts Report On Waqf Bill By Majority
4
Jagran JoshWaqf Amendment Bill Approved: Check Key Amendments and Other Details
5
The HinduWaqf Bill referred to joint parliamentary panel after Opposition calls it ‘draconian’ and an attack on the Constitution
6
DD NewsJoint Parliamentary Committee clears Waqf Amendment Bill with 14 amendments
7
Greater KashmirParliamentary panel meet on Waqf begins on stormy note
8
Jagran English‘Humiliated’: Suspended Oppn MPs Write To Lok Sabha Speaker Urging ‘Fairness’ In JPC Proceedings On Waqf Bill
9
The Times of IndiaWaqf Bill: Centre, opposition caught in heated exchange at Parliament panel meet
10
The HinduConcern in J&K over JPC’s proposed amendments to Waqf Bill
11
The Indian ExpressWaqf panel: 10 Oppositin MPs suspended for protesting
12
The New Indian ExpressParliamentary panel suggest 572 amendments to Waqf bill
13
Vartha BharatiParliamentary panel adopts report on Waqf bill by majority; opposition slams move
14
The Indian ExpressWaqf panel member Nishikant Dubey: ‘We’ve settled concerns that this Bill will steal Waqf properties’
15
Muslim MirrorJPC on Waqf Bill to meet today to finalise draft report
16
The Indian ExpressWhy Waqf panel depositions have triggered a BJP-Opposition spat

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