India has the largest number of Waqf properties in the world. But why haven’t these properties been effectively used for the welfare of poor Muslims? That was the question Union Minister for Minority Affairs Kiren Rijiju raised in the Lok Sabha as he introduced the new Waqf Amendment Bill.
The Lok Sabha witnessed a heated debate over the issue as the Opposition parties accused the government of being against the interests of the Muslim community. They argued that the government was eyeing the land under the control of the Waqf.
From the government side, Home Minister Amit Shah took on the united Opposition, charging that the 2013 amendment in the Waqf law had led to more complications and land under the ownership of the Waqf being misused. As the main contention against the bill was that non-Muslims were incorporated in the board, Shah said this was for better management of the property, while the religious duties under the Waqf will be by the Muslims.
"No non-Islamic member will be a part of Waqf. There is neither any provision for the appointment of a non-Muslim to manage the religious institution, nor do we intend to introduce any such provision,” Shah said during his intervention in Lok Sabha. The home minister said rumors were being spread that this Act interfered with the religious practices of Muslims. “But the changes in the law were being done so that those misusing the provisions for selling Waqf properties will be stopped.”
So, what changes does the new bill propose?
According to Rijuju, under the proposed legislation, Waqf Board will be more inclusive as representation will be given to different Muslim communities like Shias, Sunnis, Bohras, backward Muslims, women, and even non-Muslim experts.
A centralized digital portal will be there for property tracking, auditing, and compliance. The state government will have an oversight for audits and compliance.
The government argues that the amendment deals with some of the stringent provisions of the earlier law. Section 40 of the original Act allowed the Waqf Board to declare a property as Waqf land. The minister gave example of a gurdwara in Haryana and properties of 600 families in Kerala which were claimed as Waqf property.
The new bill introduces stricter survey and registration processes, and in case of disputes where the government land has been declared as Waqf, the district collector, not the Waqf Board, will have the final say.
Several Muslim bodies have already held protests against the bill. Inside the parliament, the opposition parties raised their concerns.
But Rijiju defended it, stating that the new bill is about property management, not religion. He said after changes, the revenue from the Waqf properties would grow which can then be used for their welfare.
And there’s one more change—the bill will now be known as the UMMED Bill. Which stands for Unified Waqf Management Empowerment, Efficiency, and Development.
But this change in terminology has not impressed the Opposition parties. During the spirited debate in the Lok Sabha most parties of the INDIA alliance strongly opposed the proposed law.
Congress MP Gaurav Gogoi accused the government of using the bill to ‘dilute’ the Constitution. He argued that the ruling party aims to divide Indian society and prolong litigations.
Gogoi said though the government claimed they had listened to everyone's opinion, they did not accept even a single amendment of the opposition in the JPC meeting.
Samajwadi Party leader Akhilesh Yadav alleged that the government was using the bill to divert attention from its failures. Yadav said whenever BJP brings up a new bill, it hides its failure. According to him, the BJP is talking about identifying the land of Muslim to distract from other major issues, including the number of persons missing and died during the Maha Kumbh and even the land allegedly occupied by China.
The other parties like the Trinamool Congress and the DMK also opposed the bill.
For passing the bill, the government needs the support of its allies. During the Lok Sabha debate, the NDA allies made it clear they were behind the government. JDU leader and Union Minister Lalan Singh dismissed the opposition’s concerns, saying the bill would benefit backward Muslims and women. Singh said the JDU government in Bihar has done a lot for Muslims, and the BJP is a partner in that development.
After its passing in Lok Sabha, the bill will go to Rajya Sabha for discussion. How the proposed law will impact the upcoming polls, particularly in Bihar, which goes to polls in next six months, remains to be seen.