The Waqf (Amendment) Bill, 2024, has stirred up significant political debate, especially following sharp criticism from All India Majlis-e-Ittehadul Muslimeen (AIMIM) chief Asaduddin Owaisi.
The bill, introduced by the Narendra Modi-led BJP government, is designed to reform the management of Waqf properties across the country, but Owaisi has expressed deep concerns over its implications.
During a press conference in Mumbai, Owaisi alleged that the bill was not about reforming or improving the efficiency of Waqf administration, but was instead an attempt to "finish" the Waqf board.
He criticised the government’s stance, accusing it of being part of a broader agenda to undermine the Muslim community's control over their religious endowments.
Owaisi also claimed that the BJP and the Rashtriya Swayamsevak Sangh (RSS) are involved in spreading misinformation regarding Waqf properties. He strongly opposed the narrative that Waqf land is government property rather than private property, emphasising that these lands are donated, similar to religious donations in Hinduism.
He argued that the government's interference in Waqf matters violates Article 26 of the Indian Constitution, which guarantees religious freedoms, including the right to manage religious affairs.
One of the most contentious aspects of the bill, according to Owaisi, is the clause that defines who can perform Waqf. The clause states that only a "practising Muslim" for the past five years is eligible.
Owaisi questioned the parameters of what constitutes a practising Muslim, raising concerns over potential religious discrimination. He pointed out that there is no equivalent law in Hinduism and questioned the basis for such a requirement, arguing that it infringes on religious freedoms.
He sarcastically asked whether a practising Muslim would be defined by outward markers like reading Namaz five times a day or wearing a beard and skullcap, and whether the government would start interfering in personal religious practices.
Owaisi also took issue with the bill’s provision that allows the Collector, a government official, to decide on matters regarding Waqf properties in government custody.
He found this particularly problematic, as it grants an executive the power to act as a judge in Waqf matters, a role he believes should not be in the hands of government authorities.
The proposed Waqf (Amendment) Bill 2024 comes after years of allegations of corruption, encroachments, and mismanagement of Waqf properties, which are charitable endowments typically donated for religious or charitable purposes in the Muslim community.
The bill seeks to address these issues by introducing reforms such as digitization of records, stricter audits, and more robust legal mechanisms to reclaim illegally occupied Waqf properties.
The current Waqf Act was enacted in 1995, and while it aimed to regulate the management of Waqf properties, it has been criticised for being ineffective in curbing corruption and inefficiency.
In a move to gather feedback, the Parliamentary Committee on the Waqf (Amendment) Bill, 2024, has announced that it will hold informal discussions with stakeholders in five states from September 26 to October 1.
These consultations are aimed at refining the proposed amendments, ensuring that they are practical and aligned with the needs of the Muslim community. The committee’s report will be submitted to the Lok Sabha by the end of the first week of the next Parliament session.
The bill has sparked concerns not just from Owaisi, but also from other Muslim leaders and organisations who worry about the government's growing role in Waqf administration. Many fear that instead of addressing mismanagement, the amendments could weaken the autonomy of the Waqf boards and pave the way for increased state control over religious endowments.
Follow us
