The second meeting of the Joint Parliamentary Committee on the Waqf (Amendment) Bill, 2024, was a significant event where various Muslim bodies voiced their concerns over several clauses of the proposed bill.
Chaired by MP Jagadambika Pal, the meeting was held at the Parliament House Annexe on Friday. The key focus of the discussions was the contentious issue of 'Waqf by Users,' which sparked heated debates among the participants.
Muslim organisations, including the All India Sunni Jamiyatul Ulama, Indian Muslims for Civil Rights, the Uttar Pradesh Sunni Central Waqf Board, and the Rajasthan Board of Muslim Waqf, were invited to share their perspectives.
These groups expressed strong reservations about the bill, particularly concerning the 'Waqf by Users' clause. They argued that this issue is deeply rooted in religious faith and practices, urging the government not to interfere in such matters.
The Muslim representatives also raised objections to the proposed transfer of functions from the Survey Commissioner to the Collector, emphasising that this move could undermine the integrity of Waqf properties.
Opposition party members echoed these concerns, showing solidarity with the Muslim bodies. However, members from the ruling Bharatiya Janata Party (BJP) and Shiv Sena strongly opposed this stance, leading to a sharp divide in the committee. Other parties, such as the LJP, JDU, and TDP, took a more balanced approach, attempting to mediate between the conflicting viewpoints.
The Waqf (Amendment) Bill, 2024, was introduced by the government during the budget session of Parliament. It proposes to rename the Waqf Act, 1995, as the Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995.
The bill aims to redefine 'Waqf' as property dedicated by any practising Muslim for at least five years and ensures that the creation of Waqf-alal-aulad does not deny inheritance rights to women. Additionally, it seeks to omit the provisions relating to 'Waqf by Users,' reassign the Survey Commissioner's functions to the Collector or a designated officer, and broaden the composition of the Central Waqf Council and State Waqf Boards to include Muslim women and non-Muslims.
Furthermore, the bill proposes the establishment of a separate Board of Auqaf for Bohras and Agha Khanis. It also seeks to eliminate Section 40, which gives the Waqf Board the authority to determine if a property is Waqf property, and introduces a central portal for filing accounts of Waqf by Mutawallis to enhance control over their activities. The bill also reforms the Tribunal structure by adding a second member and allows appeals against Tribunal orders to the High Court within ninety days.
The Joint Parliamentary Committee has invited views and suggestions from the public, NGOs, experts, stakeholders, and institutions. Written suggestions can be submitted to the Lok Sabha Secretariat within 15 days of the advertisement’s publication. Those interested in appearing before the committee are requested to indicate their interest, though the committee’s decision will be final.
The next meeting of the committee is scheduled for September 5 and 6. On September 5, representatives from the Ministry of Housing and Urban Affairs, the Ministry of Road Transport and Highways, and the Ministry of Railways will present their oral evidence on the bill.
The following day, representatives from the Archaeological Survey of India, Ministry of Culture, Zakat Foundation of India, and Telangana Waqf Board will share their views and suggestions.
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