Waqf Bill in Lok Sabha today; BJP, Cong issue whip to MPs
The BJP-led NDA government is all set to table the controversial Waqf Amendment Bill-2024 in the Lok Sabha on Wednesday, setting the stage for a confrontation with opposition parties resisting the draft legislation.
Both the ruling BJP and the opposition Congress issued a whip to MPs to be present in the Lok Sabha on Wednesday.
The Bill was cleared for consideration in the Lower House at a meeting of the Business Advisory Committee (BAC) today. The meeting was chaired by Speaker Om Birla.
Opposition parties walked out protesting non-inclusion of their demands to discuss the Manipur violence and the duplicate voter ID issue.
The BAC set aside eight hours to discuss the Waqf Bill, which amends the 1995 law regulating Waqf properties in India.
NDA allies TDP, the JD (U), the Shiv Sena and the LJP tonight lent support to the government by issuing a whip to their party MPs. Parliamentary and Minority Affairs Minister Kiren Rijiju said NDA partners were on board. “The whole nation is supporting the Bill. The JD (U) and the TDP are also supporting,” Rijiju said.
The government appears confident of the passage of the Bill in a 543-member LS where 272 is the majority mark. The NDA has the following numbers — the BJP (240), the TDP (16), the JD-U (12), the LJP (5), the RLD (2), the Shiv Sena (7) and the Apna Dal (1).
In the Rajya Sabha, the current majority mark is 119 with the effective House strength at 236. The NDA has 123 MPs, including the BJP’s 98.
The Waqf Bill comes ahead of the Bihar elections with sources saying that Bihar CM and JD (U) chief Nitish Kumar had communicated his concerns to PM Narendra Modi. JD (U) sources said the government had assured the party regarding redressal of the concerns but the final draft would reveal how far this had been done.
Muslims are a formidable support base of Nitish in Bihar and TDP chief N Chandrababu Naidu in Andhra Pradesh. Naidu recently even assured Muslims of protection of interests at a time when the All India Muslim Personal Law Board is agitating across India against the Bill.
Under Muslim law, Waqf is defined as a dedication of movable or immovable property for charitable, religious or pious purposes.
The government says Waqf land spans 9 lakh acres and 25 of 32 states alone house 8.72 lakh properties.
“This calls for effective management,” the government said, releasing FAQs on the Bill today.
The Bill was introduced in the LS on August 8, 2024, and referred to a joint committee of both Houses a day later.
The committee, chaired by BJP’s Jagdambika Pal, submitted its report to Parliament on February 13 this year.
Among contentious issues is the “Waqf by user” clause allowed in the 1995 law which permits creation of Waqf by declaration, endowment or long-term use of land for Waqf purposes. The amendment Bill drops the “Waqf by user” clause and mandates Waqf deeds.
Currently, of India’s 8.72 lakh surveyed Waqf properties, nearly half — 4.2 lakh — are Waqf by user. The JPC has asked for removal of this clause to apply prospectively.
While the parent law allows anyone to create Waqf, the new Bill allows only a person practising Islam for at least five years to do so.
“This amendment reverts the law to original intent,” government sources said.
The 1954 and 1995 Waqf Acts both allowed Waqf creation only by Muslims but a 2013 amendment added the words “any person can create Waqf”.
Another issue is that the decision of the Waqf Tribunal is currently final in all disputes. The new Bill removes this finality and allows appeals in high courts within 90 days of the tribunal orders.
The 2024 Bill also allows district collectors to adjudicate if a government property is Waqf. The JPC has asked for an officer higher than the DC to be given this task.
The JPC report also notes that in 25 of 32 states, 5,973 government properties have been declared as Waqf by state Waqf boards. The ASI has said 280 protected monuments have been similarly “encroached”.
Under the new Bill, Waqf properties will also need to put all details online in six months of the enactment of the law.
Another major issue of contention between Muslims and the government is the broad basing of the constitution of the Central Waqf Council which advises state Waqf boards that manage Waqf properties.
The new Bill allows non-Muslims to be included in both bodies. It even allows separate Waqf boards for Bohra and Aghakhani sects of Shia Muslims. Currently India has only Shia and Sunni Waqf boards.
