Controversial Waqf Bill clears Lok Sabha after heated debate
The Lok Sabha in the early hours of Thursday passed the contentious Waqf (Amendment) Bill after a marathon 14-hour debate.
It was subsequently adopted by 288 votes in favour and 232 against, with support from the BJP's key allies - the TDP, JDU, and the LJP (Ramvilas).
However, the Bill carries key amendments "suggested" by the TDP and JDU, with the most important aspect being that it will not have any retrospective effect. This was assured by Home Minister Amit Shah during discussion on the legislation.
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Sources privy to developments said that the assurance on the retrospective effect aspect of the Bill was given to address NDA ally JDU's concerns, which it had raised with the BJP.
Intervening during the discussion on the Bill, Shah said that the legislation would not have a retrospective effect and accused the opposition of misleading the Muslim community.
The Bill also carries amendments suggested by another NDA ally, the TDP.
This amendment ensures the prospective application of the "Waqf by user" clause.
Sources privy to developments told The Tribune that the TDP had suggested three amendments to ensure the "welfare of Muslims".
One crucial amendment ensures the prospective application of the "Waqf by user" clause.
This means that all existing Waqf properties registered under this provision will remain protected, even without a Waqf deed.
The TDP is learnt to have suggested another amendment that the district collector should be replaced with a designated officer above the rank of the collector to handle such disputes.
This amendment will empower state governments to appoint a higher-ranking officer, ensuring a more robust and fair resolution process, sources said.
While TDP has 16 MPs, JDU has 12 MPs in the Lok Sabha. Both parties, along with five MPs of LJP (Ramvilas), provide crucial support to the BJP-led NDA government, as the BJP has 240 MPs of its own.
Observers said that the opposition would consider the passage of a "diluted" bill (carrying amendments suggested by NDA allies at the joint parliamentary panel's scrutiny stage) as its moral victory.
As a result, it is likely to get passed smoothly in the Rajya Sabha today.
Meanwhile, during the marathon 14-hour discussion on the Bill, the government countered a fierce opposition's charge that the legislation would dilute the Constitution, defame and disenfranchise minority communities, and divide Indian society.
Earlier, while intervening during the discussion, which had begun at 12 pm on April 2, Home Minister Amit Shah said that due to vote bank politics, fear was being spread that the legislation would infringe on the religious freedom of the Muslim community and properties donated by them.
Shah further said that non-Muslims in the Waqf council and boards were meant purely for ensuring that the administration of properties was in accordance with stated aims. Shah said the government had no intention of interfering in Muslims' religious matters.
He underlined that Waqf was a type of charitable institution where a person donated his property for social, religious, or public welfare purposes, without the right to take it back.
Presenting a long list of properties that, he said, were given for Waqf, the Home Minister said, "You cannot donate someone else's property."
He cited examples of court rulings and referred to a case where the Karnataka High Court had to stop "grabbing" of 602 sq km by the Waqf Board.
Properties in Lutyens' zone (Delhi) went to Waqf, and they started taking over government land... In Tamil Nadu, a 400-year-old temple property was declared Waqf's. Land for a five-star establishment was given to Waqf for Rs 12,000 a month... Several properties belonging to different religions were declared as Waqf property, including Chandra Shekhar Azad Park in Prayagraj," he said.
The amended Bill, he said, would be instrumental in stopping this. "This Bill will protect property… it will bring transparency," he said.
Shah said the new legislation might not have been necessary had the Waqf (Amendment) Act not been passed in 2013 — when the Congress-led UPA was in power — just months before the Lok Sabha elections the following year.
Earlier, while piloting the Bill, Minority Affairs Minister Kiren Rijiju had said that a case going on since 1970 in Delhi involved several properties, including the old Parliament building.
The Delhi Waqf Board had claimed these properties. The case was in court, but then the UPA denotified 123 properties and gave them to the Waqf Board," he said.
"Had we not introduced this amendment today, even the building we are sitting in could have been claimed as Waqf property. If Prime Minister Narendra Modi's government did not come to power... several other properties would also have been de-notified," Rijiju said.
Deputy leader of the Congress in the Lok Sabha Gaurav Gogoi rebutted Rijiju and asked him to authenticate his claims and said the Bill was brought to dilute the Constitution, defame and disenfranchise minorities, and divide society.
The minister criticised the Opposition for "spreading rumors" and "misleading critics", claiming that the Bill would benefit everyone.
He also dispelled concerns about rumors that the Bill would "take away the rights of Muslims" and assured that "no land will be snatched under the Waqf Bill".
Rijiju sought to know from the Opposition why Muslims remained poor even till today when Waqf land was the third largest by size after parcels of the Railways and the armed forces in the country.
Congress MP Gogoi, while opening the discussion on the Bill, accused the Centre of attempting to "dilute the Constitution" through the Waqf Bill. "This Bill aims to dilute the Constitution, defame minority communities, divide Indian society, and disenfranchise minorities," the Congress leader said.
Dismissing Rijiju's claims that there was a Joint Parliamentary Committee (JPC) discussion taking into consideration inputs from all parties, the Congress leader countered, saying that there was no clause-by-clause discussion. "Not a single amendment suggested by the Opposition has been adopted," said Gogoi, adding, "Those who had no idea about Waqf were invited to the JPC."
Gogoi, debating against the Bill, warned that the government would target other minorities in the future. Gogoi also questioned the government over a contentious provision that donations can only be made by a Muslim who has been practicing his/her faith for at least five years.
Participating in the discussion on the Bill, Samajwadi Party chief and Kannauj MP Akhilesh Yadav alleged that the BJP was looking at usurping Muslims' properties to skirt the issue of identifying Hindus who have died or got lost in Maha Kumbh.
He said the BJP had brought up a new Bill to "hide its failures", adding that the Bill was aimed at managing the BJP's "diminishing" vote bank.
