New Delhi: The Opposition on Thursday, August 8, protested against the introduction of the Waqf (Amendment) Bill in the Lok Sabha, with Congress MP KC Venugopal calling it “draconian” and an “attack on the Constitution”.
Soon after Union Minority Affairs Minister Kiren Rijiju sought leave to introduce the bill, Venugopal — who had submitted notice to oppose its introduction — accused the government of violating freedom of religion and attacking the federal system through it.
“This is a draconian law and a fundamental attack on the Constitution,” Venugopal said.
He said people taught the BJP a lesson for its divisive politics but it was continuing with the same, keeping in mind the upcoming assembly elections in states such as Haryana and Maharashtra.
‘Bill against religious freedom’
Samajwadi Party MP Mohibullah Nadvi said the bill was against freedom of religion.
He said appointing non-Muslims to the central Waqf council and other such bodies was violative of the rights of Muslims.
Opposing its introduction, Trinamool Congress (TMC) MP Sudip Bandhopadhyay said the bill was divisive, anti-constitutional and anti-federalism.
“This is against the Constitution, a religious minority and federalism. It shuns justice in every possible way,” DMK MP Kanimozhi said, opposing the bill’s introduction.
“It is a direct violation of Article 30, which deals with minorities to administer their institutions. This bill targets a particular religious group…,” she said.
Nationalist Congress Party (NCP) – Sharadchandra Pawar MP Supriya Sule said her party opposed the bill as it was against a particular minority community.
“Look at what is happening in Bangladesh, there is so much pain … It is the moral duty of a country to protect minorities,” Sule said.
“The government should clarify the intent and the timing of the bill. We object, withdraw this bill … Let’s discuss it and then bring a bill that is fair and just,” she added.
The Indian Union Muslim League’s (IUML) ET Muhammed Basheer said the bill was violative of articles 14, 15, 25 26 and 30 of the Constitution.
He alleged it was part of the government’s “dirty agenda” and called the bill divisive.
If this bill is passed, the Waqf system will collapse, he said.
He also claimed that the bill would encourage encroachment on Waqf land.
“Your intention is to communalise, put Hindus and Muslims in compartments … We will not let this happen,” Basheer said.
Waqf Bill divisive: Owaisi
All India Majlis-e-Ittehadul Muslimeen chairperson Asaduddin Owaisi claimed that the House did not have the competence to make the amendments.
“It is a grave attack on the basic structure of the Constituion as it violates the principle of judicial independence and separation of powers,” he said.
“You are enemies of Muslims and this bill is evidence of that,” Owaisi said.
Rijiju defends amendments
Union Minority Affairs Minister Kiren Rijiju said the Waqf (Amendment) Bill does not intend to interfere with the freedom of any religious body and that no provision of the Constitution has been violated.
Responding to objections raised by several opposition members on the introduction of the bill in Lok Sabha, he said Waqf Act 1995 did not serve its purpose, hence the amendment was planned.
“I want to tell Congress these amendments are being brought to achieve what you (Congress) couldn’t,” he said.
Defending the amendments, Rijiju said a joint parliamentary committee had recommended that Waqf Act 1995 should be re-looked.
Changes in Waqf Act
The bill to amend the law governing Waqf boards proposes far-reaching changes in the Wakf Act, 1995, including ensuring the representation of Muslim women and non-Muslims in such bodies.
The Waqf (Amendment) Bill also aims to rename the act to the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995.
It was circulated among Lok Sabha members on Tuesday night.
According to its statement of objects and reasons, the bill seeks to omit Section 40 of the current law relating to the powers of the board to decide if a property is Waqf property.
It provides for a broad-based composition of the Central Waqf Council and the state Waqf boards and ensures the representation of Muslim women and non-Muslims in such bodies.
The bill also proposes the establishment of a separate board of Auqaf for the Boharas and Aghakhanis. The draft law provides for the representation of Shias, Sunnis, Bohras, Agakhanis and other backward classes among Muslim communities.
It also aims to clearly define ‘Waqf’ as “Waqf by any person practising Islam for at least five years and having ownership of such property”.
One of its objectives is streamlining the manner of registration of Waqfs through a central portal and database. A detailed procedure is established for mutation as per revenue laws with due notice to all concerned before recording any property as a Waqf property.
The Wakf Act, 1995, was brought to regulate ‘Auqaf (assets donated and notified as Waqf)’ by a ‘wakif (a person who dedicates a property for any purpose recognised by Muslim law as religious or charitable)’.
The law was last amended in 2013.
