New Delhi: The contentious Waqf (Amendment) Bill was introduced in the Lok Sabha on Thursday and referred to a joint parliamentary committee (JPC) after a heated debate, with the government asserting the proposed law did not intend to interfere with the functioning of mosques and the Opposition calling it targeting of Muslims and an attack on the Constitution. Among the BJP's allies, while the Shiv Sena and JD(U) strongly backed the Waqf (Amendment) Bill in Lok Sabha and the TDP supported the proposed law but called for sending it to a parliamentary committee, the LJP (Ram Vilas) chose not to speak in the House.
Lok Sabha Speaker Om Birla said he will talk with leaders of all parties about constituting the Joint Parliamentary Committee (JPC). Soon after Union minority affairs minister Kiren Rijiju sought leave to introduce the bill, the Opposition INDIA bloc members strongly protested the introduction of the Waqf (Amendment) Bill. Congress MP K.C. Venugopal, who had submitted notice to oppose its introduction, accused the government of violating the right to freedom of religion and claimed the legislation was being brought with an eye on the upcoming Assembly polls.
"This is a draconian law and a fundamental attack on the Constitution. People taught the BJP a lesson in the Lok Sabha polls for its divisive politics, but it is continuing with the same, keeping in mind the upcoming Assembly elections in states such as Maharashtra. It is a direct attack on freedom of religion. Next you will go for Christians, then Jains," Mr Venugopal said. Samajwadi Party chief Akhilesh Yadav said the bill was being introduced to appease the BJP's hardcore supporters. "What is the point of including non-Muslims in Waqf Boards when this is not done in other religious bodies?" Mr Yadav asked. "The truth is that the BJP has brought this bill to appease its hardcore supporters," the SP chief said, adding that it was brought with an eye on the polls. A heated exchange took place between Union home minister Amit Shah and Mr Yadav when the SP chief said that he heard that the rights of Lok Sabha Speaker are being curtailed and the Opposition will have to fight for him. Mr Shah rose to respond to Mr Yadav and said, "This is an insult to the Chair. The rights of the Speaker do not belong to the Opposition but to the whole House. Don't speak in a roundabout way. You are not the protector of the Speaker's rights." Mr Birla also said that Mr Yadav and other members of the House must not comment on the Chair. NCP(SP) MP Supriya Sule said her party opposed the bill as it is 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," she 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," Ms Sule said. 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 Constitution as it violates the principle of judicial independence and separation of powers. You are enemies of Muslims and this bill is evidence of that," Mr Owaisi said. Strongly defending the bill and hitting out at the Congress, Mr Rijiju said that the Wakf Act of 1995 did not serve its purpose and the amendments are necessitated as the Congress could not achieve the reform it should have. "Because you couldn't do it, we have to bring these amendments. Some people have captured Waqf Boards and this bill has been brought to give justice to ordinary Muslims," he said, claiming that many leaders in the Opposition have privately told him that state Waqf Boards had turned into a mafia. Mr Rijiju noted that in the earlier law, there was no provision to challenge or review the order or judgement of the tribunal and now, provision is being made for verdicts to be challenged at higher courts. "In our country, no law can be a super law and can't be above the Constitution. However, in the 1995 Wakf Act, there are provisions that are above the provisions in the Constitution. Shouldn't that be changed?" he asked. Hitting out at the Congress, Mr Rijiju said, "The wrongs that you have done, now we are correcting those." He asserted the government has conducted thorough consultations at all levels and cited cases such as an entire village in Tamil Nadu being declared Waqf land to underline the need for reforms in the law. Accusing the Opposition of misleading Muslims, Mr Rijiju said that they shouldn't see such issues through the prism of religion. “Similarly, the Surat municipal corporation headquarters was declared Waqf property,” he said and asked how this is possible. He assured Waqf Board income will be used only for the welfare of the Muslim community. "It is my good fortune that, being non-Muslim, I am getting the opportunity to bring a bill for the welfare of Muslims," he said.
Mr Rijiju also introduced a bill to repeal the Mussalman Wakf Act 1923. Its statement of objects and reasons stated that the colonial-era legislation has become outdated and inadequate for effective management of Waqf property in modern India.
Backing the amendment bill, the NDA allies said that it is aimed at bringing transparency in the functioning of the Waqf Boards and not an attempt to interfere with the running of mosques. JD(U) leader and Union minister Rajiv Ranjan Singh said, "Several members are making it sound as if the amendment in the Waqf Board law is anti-Muslim. How is it anti-Muslim? Here an example of Ayodhya is being given. Can you not differentiate between a temple and an institution?" "This isn't an attempt to interfere with (functioning of) mosques. This law is for the institution to make it transparent," he said.
Speaking with the media, LJP chief and Union minister Chirag Paswan said his party supports the Bill. He said it is aimed at bringing transparency to the Waqf Board and refuted the Opposition's claim that it is anti-Muslim.
TDP MP G.M. Harish Balayogi said his party will not mind if the bill is sent to a parliamentary panel. "I appreciate the concern with which the government has brought this bill. When purpose and power get misused, it is the responsibility of the government to bring reforms and introduce transparency in the system," he said. The TDP MP said there is a requirement for the government to regulate and streamline the purpose.
The Bill to amend the law governing Waqf Boards proposes far-reaching changes in the 1995 Act, including ensuring representation of Muslim women and non-Muslims in such bodies. 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 state Waqf Boards and proposes to establish a separate board of Auqaf for Boharas and Aghakhanis.
The amendment bill provides for representation of Shias, Sunnis, Bohras, Agakhanis and other backward classes among Muslims.
The Waqf (Amendment) Bill also aims at renaming the Act as the Unified Waqf Management, Empowerment, Efficiency and Development Act 1995.
