On Thursday, Union Minority Affairs Minister Kiren Rijiju introduced the Waqf (Amendment) Bill and proposed that it be scrutinized by a joint parliamentary committee. This proposal follows objections from opposition parties regarding certain provisions of the bill. Alongside this, Rijiju also presented The Mussalman Wakf (Repeal) Bill, 2024.
Home Minister Amit Shah supported the legislative move, emphasizing the need to repeal the Mussalman Wakf Act of 1923. He argued that this act, which had been in place since 1923, was no longer relevant given the changes in the legal landscape since the Waqf Act of 1995 was enacted.
Shah accused opposition members of misleading the Muslim community, asserting that the proposed amendments were necessary to correct errors in the existing law.
The Waqf (Amendment) Bill seeks to rename the Waqf Act of 1995 as the Unified Waqf Management, Empowerment, Efficiency, and Development Act of 1995. The bill was circulated among Lok Sabha members the night before its introduction.
Upon introducing the bill, Rijiju faced immediate opposition from several MPs. Many opposition members who had previously submitted notices to challenge the bill claimed it was an attack on the Constitution and the principles of federalism. They argued that the bill could undermine the autonomy of religious bodies and interfere with constitutional freedoms.
In response to these concerns, Rijiju assured the House that the bill would not interfere with the freedom of any religious group. He emphasized that the proposed changes aimed to address the shortcomings of the 1995 Waqf Act, which, according to him, had not fulfilled its intended purpose.
Rijiju pointed out that the bill had undergone extensive consultations and was designed to address issues that had been overlooked by previous administrations.
One of the key features of the bill is the revision of Section 40, which deals with the powers of the Waqf boards to determine whether a property qualifies as Waqf property.
The new legislation proposes a broader composition for the Central Waqf Council and state Waqf boards, ensuring that Muslim women and non-Muslims are represented in these bodies.
Additionally, the bill includes provisions for the establishment of separate boards for specific Muslim sects, such as the Boharas and Aghakhanis. It also aims to clearly define what constitutes Waqf property and streamline the registration process through a central portal. The proposed amendments are intended to ensure transparency and effective management of Waqf properties.
The Waqf Act of 1995 was initially enacted to regulate Waqf assets and ensure their proper administration. The Act was last amended in 2013. The introduction of the Waqf (Amendment) Bill marks a significant attempt to reform the management and oversight of Waqf properties, addressing criticisms and seeking to improve the existing legal framework.
As the bill progresses through the legislative process, the proposal to send it to a joint parliamentary committee indicates a commitment to thorough scrutiny and debate, reflecting the government's intent to address concerns raised by opposition parties and stakeholders.
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