BJP allies back Waqf Bill; Shah, Rijiju say it won't be retrospective

The Lok Sabha was on Wednesday set to pass the contentious Waqf (Amendment) Bill with key constituents of the Bharatiya Janata Party (BJP)-led National Democratic Alliance (NDA) government at the Centre expressing support for the proposed law, but with caveats. 

The Telugu Desam Party (TDP), a key ally of the BJP, urged the government to show flexibility in drafting the rules to allow states to determine the composition of the Waqf boards. One of the criticisms of the Bill, which several Opposition members flagged, is the provision to allow non-Muslims on the Waqf boards. 

During the over eight-hour-long debate on the Bill, Union Home Minister Amit Shah and Minority Affairs Minister Kiren Rijiju said that the law will be prospective, and not retrospective, and will not snatch away anyone’s property. 

Samajwadi Party chief Akhilesh Yadav said that the Bill has been introduced to manage BJP’s “diminishing” vote bank and will prove to be the “Waterloo” for the BJP. He said the Bill is being brought to divert attention from the “land capture” by China. 

Congress MP Gaurav Gogoi said the Bill is an attack on the basic structure of the Constitution with an aim to dilute its provisions, defame minorities, disenfranchise them and divide the Indian society. Shiromani Akali Dal’s (SAD’s) Harsimrat Kaur Badal said the Bill was brought with an eye to the 2027 Uttar Pradesh Assembly polls as 27 per cent of all Waqf properties were in that state. 

Referring to the power to be vested with the state governments, Rijiju said the Waqf boards will be appointed by the states. “The state governments will have full authority as land is a state subject. The boards will be fully under the state governments, and the central government will have no control over them,” the minister said. 

Rijiju tabled the Bill, which was examined by a joint committee of Parliament and subsequently redrafted by the government, and initiated the discussion. He said that when the Citizenship Amendment Act (CAA) was enacted in 2019, the Opposition claimed the rights of the Muslims will be taken away, and their citizenship rights will be snatched. “Tell me now, citizenship rights of how many Muslims were taken away ever since the CAA came into force? Not even one,” he said. 

The Rajya Sabha is scheduled to debate the Bill on Thursday, with the Budget session of Parliament scheduled to end on Friday. The TDP, Janata Dal (United), and Lok Janshakti Party (Ram Vilas), all had concerns over some of the provisions of the Bill. 

Rijiju accused the Congress-led UPA government of amending the Waqf law in 2013, which gave it overriding effect over other statutes, and hence the new amendments were required. As of 2004, a total of 4.9 lakh properties were held by the Waqf and their income was just ₹163 crore, Rijiju said. After the 2013 amendment, the minister said, the income has gone up by just ₹3 crore to ₹166 crore. 

“We can't accept such meagre income from such a huge bank of properties. The income should have been at least ₹12,000 crore. Waqf property has to be used for poor Muslims, and the Waqf Bill is needed to achieve this purpose,” Rijiju said. 

Rijiju and Shah pointed to many instances of the "misuse" of the earlier law, citing examples of a gurdwara in Haryana which was declared as Waqf, and properties of 600 families in Kerala that were also declared the same. “That is why many organisations, including Christian groups, have sought the Act's immediate implementation," Rijiju said. The Limitation Act, 1963, will now apply to Waqf property claims, reducing prolonged litigation, he added. 

The Bill has proposed that an officer above the rank of collector will investigate government properties claimed as Waqf. In case of disputes, the senior government official will have the final say on whether a property belongs to Waqf or the government.  This replaces the existing system where such decisions are made by Waqf tribunals.

 

The Bill also proposes that non-Muslim members will be included in the central and state Waqf boards for inclusivity.

 

Outside Parliament, the All India Muslim Personal Law Board (AIMPLB), a major organisation representing Muslims in India, on Wednesday said it will challenge the Waqf (Amendment) Bill in court and take to the streets the fight against the "black law" that threatens the community's rights.

 

AIMPLB member Md Adeeb claimed it was an attempt to seize properties of the Muslim community.