Waqf Amendment Bill Changes and Controversies in the Latest Draft

Waqf Amendment Bill Changes and Controversies in the Latest Draft. The Waqf Amendment Bill has been a point of contention in Indian politics. A recent decision by the Joint Parliamentary Committee (JPC) to approve 14 alterations to the bill has sparked heated debates. The proposed amendments seek to change the way Muslim charitable properties, or waqf properties, are managed in India. Let’s break down the significant changes, controversies, and what this means for the future of waqf management in the country.

Waqf Amendment Bill Changes and Controversies in the Latest Draft

What is the Waqf Amendment Bill?

The Waqf Amendment Bill, first introduced in the Lok Sabha in August 2024, proposes 44 significant changes to the management and regulation of waqf properties in India. Waqf properties are assets donated for religious or charitable purposes, and the bill seeks to bring reforms to how these assets are managed.

The Waqf laws date back to the 1995 Waqf Act, which was last amended in 2013. The goal of the current amendment is to modernize the management of waqf properties, ensuring transparency, better administration, and empowerment for Muslim women who have been disadvantaged by the old laws.

14 Key Changes in the Latest Amendment

The JPC approved 14 key alterations to the draft version of the bill, which had initially proposed 44 changes. Below are the notable changes that have raised eyebrows and sparked political debates:

1. Two Non-Muslim Members in Waqf Councils

One of the most discussed changes is the proposal to have at least two non-Muslim members in the Waqf Councils at both state and national levels. These members will be mandatory, and in some cases, the number could be higher if additional ex-officio members (Muslim or non-Muslim) are nominated.

This change reflects the government’s push for greater inclusivity, but it has also been met with strong opposition from certain political leaders who argue that it infringes upon the religious rights of the Muslim community.

2. Non-Muslim Ex-Officio Members

In addition to the mandatory two non-Muslim members, the bill now specifies that ex-officio members, whether Muslim or non-Muslim, will be appointed to the Waqf Council. This could lead to a more diverse composition of the Waqf boards, though critics view this as unnecessary interference in religious affairs.

3. State-Nominated Officer to Determine Waqf Properties

The amendment removes the responsibility of the District Collector to determine whether a property qualifies as a waqf. Instead, a state-nominated officer will have this task. The change aims to streamline the process, but it raises concerns about the transparency and accountability of such a decision-making body.

4. Law Will Not Apply Retrospectively

One key aspect of the Waqf Amendment Bill is that it will not apply retrospectively if the waqf property in question is already registered. However, opposition leaders have raised concerns, noting that approximately 90% of waqf properties in India are not registered, which could complicate matters for property owners and beneficiaries.

5. Restrictions on Donating Land for Waqf

Another controversial change introduced by BJP MP Tejasvi Surya is the stipulation that anyone wishing to donate land for waqf must prove that they have been practicing Islam for at least five years. This clause aims to ensure that the donation is genuine and not done for ulterior motives.

6. Rejection of Opposition’s Proposals

The JPC rejected all 44 proposals made by opposition MPs. The committee voted along party lines, with 10 votes from opposition members versus 16 votes from BJP and its allies, incorporating only the ruling party’s proposals into the final bill.

Controversy and Opposition Criticism

The amendments to the Waqf Amendment Bill have drawn significant opposition from various political parties and leaders. Key figures, such as Asaduddin Owaisi from AIMIM and Kalyan Banerjee from Trinamool Congress, have strongly criticized the bill. They argue that the inclusion of non-Muslim members in the Waqf Council and other amendments infringe on the constitutional right to practice religion freely and go against the spirit of inclusivity.

Opponents also claim that the bill violates several constitutional provisions, including:

• Article 15: The right to practice one’s religion freely.
• Article 30: The right of minority communities to establish and manage their educational institutions.

These concerns have added to the growing controversy surrounding the bill, with many arguing that it constitutes a direct attack on the religious autonomy of the Muslim community in India.

Empowering Women Through Waqf Reforms

Despite objections from the opposition, the government claims that the amendments aim to empower Muslim women. Previously, they believed that Muslim women were disadvantaged in terms of access to waqf properties. They see the amendments as an effort to address these gender inequalities.

The bill’s proponents argue that by modernizing the management of waqf properties, the government is creating a fairer and more equitable system for all stakeholders, particularly Muslim women.

Concerns Over Religious Interference

The inclusion of non-Muslim members in the Waqf Councils has raised alarm among some religious leaders and legal experts. They argue that the move could lead to undue interference in the religious management of waqf properties, potentially violating the principles of religious autonomy guaranteed by the Indian Constitution.

Critics are particularly concerned about the government’s increasing influence over religious institutions and practices, which could set a dangerous precedent for other communities as well.

Looking Ahead: What’s Next for the Waqf Amendment Bill?

The JPC will vote on the acceptance of these 14 changes on January 29, 2025. After this, they will submit the final report by January 31, marking the next step in the bill’s passage through Parliament.

While the bill has already passed through the committee, the final approval by the Lok Sabha will be the critical stage. The future of the Waqf Amendment Bill remains uncertain, as the ongoing debate around its provisions continues to intensify.

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Conclusion

The Waqf Amendment Bill’s proposed changes have sparked both support and controversy. While supporters argue that the amendments are essential for the empowerment of Muslim women and the modernization of waqf management, critics believe that they encroach upon the religious freedoms of the Muslim community. With the bill’s fate hanging in the balance, we must see how Parliament will address these issues and whether the bill will pass in its current form.

The Waqf Amendment Bill will undoubtedly continue to be a major topic of debate in India’s political discourse, and its final outcome will have long-lasting implications for religious freedom, property management, and governance in the country.