After hours of heated debate, India’s Parliament has passed the controversial Waqf (Amendment) Bill, 2024, which aims to fundamentally alter the way properties worth billions of dollars, donated by Muslims over centuries, are managed. The upper house approved the bill early Friday, a day after it was cleared by the lower house, despite strong opposition from several quarters.
The bill has sparked significant opposition, with Muslim leaders and political parties criticizing it as “unconstitutional” and a violation of the rights of India’s Muslim-minority community. They argue that it gives the government excessive control over waqf properties, which are traditionally managed by the Muslim community for charitable and religious purposes. The government, however, defends the bill, stating that it will enhance transparency in the administration of waqf properties.
Prime Minister Narendra Modi has hailed the passage of the bill as a “watershed moment,” asserting that the waqf system has long been associated with a lack of transparency and accountability. In a post on X, he emphasized that the new legislation will not only boost transparency but also protect the rights of the people. However, the opposition has been vocal in its condemnation, alleging that this move is another attempt by the ruling Bharatiya Janata Party (BJP) to undermine the rights of minorities.
Congress leader Mallikarjun Kharge pointed out the stark contrast in voting, with 288 members voting in favor and 232 opposing the bill in the lower house, suggesting that the bill was pushed through despite considerable opposition. Asaduddin Owaisi, president of the All India Majlis-e-Ittehadul Muslimeen party, has also been a vocal critic, even challenging the bill in the Supreme Court.
The concept of waqf properties holds significant importance in Islamic tradition. These are charitable or religious donations made by Muslims for community welfare, often used for mosques, madrassas, graveyards, and orphanages. Under the Waqf Act of 1995, these properties are managed by state-level boards, consisting of nominees from the state government, Muslim lawmakers, Islamic scholars, and waqf property managers.
The government introduced the Waqf (Amendment) Bill last August, citing the need to modernize waqf administration and close legal loopholes. Critics, however, argue that the bill would centralize control and allow the government to exert greater influence over waqf properties, including those managed through oral declarations or community customs.
The new bill introduces several key changes, including stricter documentation requirements for waqf properties. Under the new law, waqf boards will need to provide valid documents to prove ownership of a property, and in the case of disputes, particularly with government-owned land, the final decision will rest with the government. Additionally, the bill proposes allowing non-Muslims to be appointed to waqf boards and tribunals, an unprecedented move that has raised concerns among minority groups.
The bill also includes provisions for judicial intervention in waqf property disputes, replacing the previous system where decisions made by waqf tribunals were final. Another significant provision is the creation of a centralized registration system, requiring all waqf properties to be registered within six months of the law coming into effect. New waqf property registrations must also be submitted through this centralized system. Furthermore, the bill grants the government a greater role in surveying waqf properties, leading to fears that it could give the state excessive control.
The Waqf (Amendment) Bill, 2024 is now set to be sent to India’s president for approval. If signed, it will become law, but its passage continues to ignite strong debate over the balance between government oversight and minority rights in India.
