What is Waqf property? Oppn-govt fireworks at first House panel meet

Aditi Tandon/Animesh Singh

New Delhi, August 22

Heated exchanges marked the first meeting of the joint parliamentary committee (JPC) tasked with reviewing the controversial Waqf (Amendment) Bill-2024 that seeks to amend the 1995 law regulating Waqf properties in India. Waqf is defined as dedication of movable or immovable property for charitable, religious or pious purposes under Muslim law.

The marathon meeting, which lasted nearly six hours, saw the Ministry of Minority Affairs, which is piloting the new Bill, make a presentation on each of the 44 proposed amendments and MPs seeking clarifications on each. JPC’s opposition members said the ministry was “confused and ill-prepared for queries and its presentation was full of misinformation”.

Ministry makes presentation

• The marathon meeting, that lasted nearly six hours, saw the Ministry of Minority Affairs, which is piloting the new Bill, make a presentation on each of the 44 proposed amendments.

Definition of practising muslim

• “The Bill seeks to define Waqf as a donation by any person practising Islam for at least five years. How can anyone determine this duration and define a practising Muslim in this way.” — Oppn MPs

“All that the ministry mentioned was the existing provision and the proposed provision. They could not explain the rationale behind the amendments. Several clarifications were sought. The ministry has been given 15 days to come back with answers,” said a JPC source.

The next meeting of the panel, chaired by BJP’s Jagdambika Pal, will be held on August 30.

The Tribune has learnt that there were major fireworks on the following issues — government’s take on the size of Waqf land in India and the need to regulate it, and four provisions of the amendment Bill, namely representation for two non-Muslims; representation for Shia, Bohra and Agakhanis on Waqf boards; definition of a practising Muslim for purposes of donations and inclusion of the Deputy Commissioner as the final arbiter on whether a land is Waqf or public.

Right now the Waqf Tribunal is the arbiter.

“The amendment Bill seeks to define Waqf as a donation by any person practising Islam for at least five years. How can anyone determine this duration and define a practising Muslim in this way,” some opposition party MPs are learnt to have asked at the meeting. Others, including Shiv Sena-UBT’s Arvind Sawant, asked if boards governing Hindu temples could have Muslims, Christians and other non-Hindus as members if Waqf boards were expected to have non-Muslims.

Another issue of confrontation was the government’s statement that Waqf land in India was 9 lakh acre, which was many times the size of Bahrain and there was a case for its efficient regulation.

To this, many opposition MPs are learnt to have said that India has the largest population in the world and among its people are 20 crore Muslims.

MPs said India had nearly seven lakh villages and if one village had even one acre of land just for a burial ground, this would reach seven lakh acre.

“Each village will also have a mosque; most will also have an idgah. So what is the government’s point,” some MPs asked at the meeting.

The opposition MPs also said Waqf boards already had a Sunni and Shia scholar each to represent two Muslim sects of India. “Bohras and Agakhanis are Shia sub-sects. If you represent them on state Waqf boards, Sunni sub-sects will also demand space. There is no end to this,” a JPC member said.

The amendment Bill had earlier divided even BJP allies with the LJP and the JD(U) demanding a reference to a parliamentary panel for larger consultation. A JPC was, therefore, constituted. It has been asked to submit the report in the first week of the winter session. Among prominent MPs in the panel are BJP’s Nishikant Dubey, Sanjay Jaiswal and Aprajita Sarangi; DMK’s A Raja; Congress’ Imran Masood and Nasir Hussain; AAP’s Sanjay Singh; and Shiv Sena UBT’s Arvind Sawant.

AAP MP Sanjay Singh is learnt to have questioned the government’s intention behind bringing the Bill. Sources said he attacked the ministry and the BJP, saying that while the current Bill sought to “regulate Waqf properties, in future, the government may seek to bring similar Bills to regulate properties owned by Jains, Buddhists and Dalits”. Sanjay was ticked off by a woman BJP MP.