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Opposition Cries Foul On Waqf (Amendment) Bill 2024; DMK’s Kanimozhi Says Mosques In Danger, Dayanidhi Calls It A ‘Land-Grabbing’ Exercise

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Opposition leaders, including DMK leaders, criticised the Waqf (Amendment) Bill 2024 introduced in the Lok Sabha by Minority Affairs Minister Kiren Rijiju. DMK MP Kanimozhi even claimed that the inclusion of non-Muslims in the Waqf Board would put mosques in danger. Some members called for the bill’s withdrawal, while others suggested a parliamentary committee review it.

Waqf Bill introduced in Lok Sabha

Rijiju introduced the Waqf (Amendment) Bill 2024 in the Lok Sabha on 8 August 2024. This Bill proposes amendments to the Waqf Act of 1995. The bill aims to address issues related to the powers of State Waqf Boards, registration and surveying of waqf properties, and removing encroachments.

As usual, the opposition parties, including Congress, DMK, NCP, Trinamool Congress, and AIMIM, strongly criticised the proposed bill, arguing that its provisions undermine federalism and constitutional principles and play the cards of minority appeasement. While some members called for the bill’s withdrawal, others suggested that a parliamentary committee review it.

Govt response to criticism

In response to the opposition’s concerns, Rijiju emphasised that the government acted on recommendations from a panel established during the Congress-led UPA government.

Kiren Rijiju said, “This bill being brought today is based on the report of Sachar committee which you made (Congress), and the bill has been now titled – ‘United Waqf Act Management, Empowerment, Efficiency and Development Act’, 1995- ‘UMEED’.” 

Rijiju agreed to the suggestion that a parliamentary committee review it. He proposed that a Joint Parliamentary Committee (JPC) be formed to conduct a thorough review of the bill.

Additionally, he introduced the Mussalman Wakf (Repeal) Bill, 2024, which seeks to repeal the Mussalman Wakf Act of 1923.

DMK ministers react

Thoothukkudi DMK MP Kanimozhi disapproved of the bill, stating, “(The bill) is against the constitution, against federalism, against religious minority, and against human beings. It shuns justice in every possible way, this bill violates article 25 and 26 of the constitution which says, ‘we have right to follow a religion and have rights to manage religious affairs’. The bill allows non-Muslims to be a part of Waqf Board.” She then questioned, “Will it be possible for a Muslim or a Christian to be a part of a board which manages a Hindu temple, would you allow that?”

Kanimozhi also argued that the bill infringes upon Article 30 of the constitution, said, “It is a direct violation of Article 30 which deals with minorities to administer their institutions. This bill targets a particular religious group.”

Feeling emboldened by the lack of criticism following her speech, Kanimozhi began spreading falsehoods and was met with a stern rebuke in Parliament. Kanimozhi claimed, “We know already that many old mosques are in danger today. Suddenly, there is a PIL (filed). The people and archaeologists are sent there, and they discover that there was a temple before this. Then there is hate and division, followed by these issues (arise) among the people of the country.”

Her conspiracy theory in opposition of the Waqf Bill was swiftly rejected by members of the house, who were keen to prevent her from spreading further misinformation under the guise of appeasing Muslims.

The DMK MP from Central Chennai, Dayanidhi Maran, said.

“I don’t understand why they are continuously trying to irritate the Muslim community, trying to dominate them, trying to show that they are superior. This exercise looks like a land-grabbing exercise. Basically, this Government has not done anything good for the people but is trying to take revenge on the minorities.”

VCK

Chidambaram VCK MP Thol Thirumavalavan said, “I firmly oppose this Bill at its introduction. It appears to be introduced with the intent of undermining national unity and disrupting the existing harmony among communities. It is distressing to see efforts to alienate Muslims, who are part of the Indian fabric, and to interfere with their rights, which is unconstitutional. This bill seeks to strip away the constitutional freedoms and rights that have long been protected. The Waqf Board has operated independently for years, and every religion is entitled to its freedoms under the secular framework of the Indian Constitution.”

“Given this context, it is perilous for the government to take a religiously biased stance and encroach upon religious freedoms, as this could threaten national unity. Therefore, I oppose this bill in its introductory stage and urge its withdrawal. I also request that it be referred to the Standing Committee for a thorough review,” he added.

Kerala Congress

Alappuzha Congress MP KC Venugopal’s drama was at an all-time high in the Parliament. In opposition to the proposed Waqf Bill, he said, “This bill is a fundamental attack on the Constitution…Through this bill, they are putting a provision that non-Muslims also be members of the Waqf governing council. It is a direct attack on freedom of religion…Next, you will go for Christians, then Jains…The people of India will not buy this kind of divisive politics now. We are Hindus, but at the same time, we respect the faith of other religions. This bill is specialised for the Maharashtra and Haryana elections. You do not understand that last time, the people of India taught you a lesson. This is an attack on the federal system.”

AIMIM

Asaduddin Owaisi, chief of the AIMIM and Hyderabad MP, criticised the bill as discriminatory and arbitrary, accusing the government of dividing the nation. He argued that the bill infringes upon the fundamental Right to Freedom of Religion enshrined in the Constitution. His opposition includes a claimed that the Waqf Bill would enable the government to take control not only of Waqf properties but also of dargahs and mosques.

Owaisi contended, “No law limits the right of a person to will their property or dispose of it. But look at what you are doing – Hindus can give complete property to a daughter or son. I, as a Muslim, can only give one-third. I can gift but cannot give it to Allah. You are stopping me from praying. You are restraining work for Allah.”

He particularly criticised the provision that bars individuals who have converted to Islam for less than five years from making donations to Waqf. “To insist that a person has been practising for five years — how can this be verified? Who will decide? Does a new convert have to wait for five years to donate? Isn’t that a violation of the right to freedom of religion?” Owaisi argued, highlighting that such restrictions do not apply to Hindus, Sikhs, or followers of other religions.

Owaisi also accused the bill of violating Constitutional Articles 14 and 15, which guarantee equality before the law and prohibit religious discrimination, respectively. He charged that the government is unqualified to make these amendments and is exacerbating divisions within the country. “This bill violates the principles of Articles 14, 15 and 25 of the Constitution. This bill is both discriminatory and arbitrary. By bringing this bill, you (the Central government) are dividing the nation, not uniting it. This bill is an evidence of the fact that you are an enemy of the Muslims,” Owaisi declared.

Proposed changes to the Waqf Bill

The Waqf (Amendment) Bill, 2024 proposes renaming the Waqf Act, 1995, to the Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995. It aims to redefine “waqf” to include only those who have practised Islam for at least five years and hold ownership of the property. The bill also seeks to ensure that the creation of Waqf-alal-aulad does not negate inheritance rights for women.

Key changes include removing provisions related to “waqf by the user,” assigning the role of Survey Commissioner to a Deputy Collector or equivalent officer, broadening the composition of the Central Waqf Council and State Waqf Boards to include Muslim women and non-Muslims, and establishing a separate Board of Auqaf for Boharas and Aghakhanis.

The bill also proposes to streamline the registration of waqfs via a central portal, clarify the procedures for property mutation according to revenue laws, and reform the Tribunal structure to include two members with appeals to the High Court within ninety days. Additionally, the government plans to withdraw the Waqf Properties (Eviction of Unauthorised Occupants) Bill, 2014, which the previous Congress-led UPA government introduced.

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