Opposition Targets Non-Muslims Provision, More In "Draconian" Waqf Bill

The government tabled the Waqf Amendment Bill in the Lok Sabha Thursday and that triggered protests, as expected, from opposition MPs, who declared the 44 proposed changes a "grave attack on the Constitution" and a "draconian attack on the freedom of religion and the federal system".

Opposition MPs, including Samajwadi Party chief Akhilesh Yadav, NCP leader Supriya Sule, and AIMIM boss Asaduddin Owaisi, stood up to object to alterations in the Waqf laws, including the make-up of central and state boards and the councils' ability to earmark land for various purposes.

Mr Yadav's sharp jabs - which included a 'warning' to Lok Sabha Speaker Om Birla that, like the Waqf boards, his powers may also be stripped - prompted a fierce reply from Home Minister Amit Shah.

READ | Akhilesh Yadav's Jibe On Speaker's Powers, Amit Shah Responds

The Waqf amendments were defended by the government and its allies, such as the JDU's Rajiv Ranjan Singh, who said the new law would make functioning of Waqf boards more transparent.

The Waqf Amendment Bill was tabled by Minority Affairs Minister Kiren Rijiju.

After the debate it was sent to a joint parliamentary committee for scrutiny.

Opposition MPs On Waqf Amendment Bill

Congress MP KC Venugopal began by calling attention to a proposal to include two non-Muslim individuals on central and state Waqf boards, calling it a "direct attack on (the) freedom of religion". "Next you will go for Christians... Jains. People will not buy this divisive politics," he declared.

Akhilesh Yadav made a similar point, asking, "What is the point of including non-Muslims in Waqf boards when this is not done in other religious bodies?"

This morning Mr Yadav said the ruling party should call itself "Bhartiya Zameen Party", since it seeks to acquire Waqf board lands. He also said appointing non-Muslims violated that community's rights

Non-Muslims On Waqf Boards

Mr Venugopal and Mr Yadav were referring to a provision that reconstitutes Waqf boards, making it mandatory to name non-Muslims and (at least two) Muslim women, as well as a Union Minister, three MPs, and senior IAS officers, among other individuals. Critics have asked if similar proposals would be entertained for temple trusts; i.e., to have non-Hindus on governing boards.

The specific (proposed) addition of non-Muslim members necessitated another change - the creation of such categories of board members, since Members of Parliament and government officers can't be nominated to serve on panels or committees on religious grounds.

READ | "Attack On Constitution": Opposition vs Government On Waqf Bill

Mr Venugopal also attacked the government for failing to respect all religions and pointed out the amendments had been tabled a few months before Assembly elections in Haryana and Maharashtra.

"We are Hindus... but, at the same time, we respect the faith of other religions. This bill is specialised for the Maharashtra, Haryana elections. (Remember) the last time the people taught you a lesson (referring to the BJP failing to secure an outright majority in the 2024 Lok Sabha election)..."

"Attack On Federal System"

"This is an attack on the federal system..." he thundered.

Charges that the Waqf Amendment Bill violates sections of the Constitution were made by several MPs; Mr Owaisi claimed it is against Articles 14, 15, and 25, while the DMK's Kanimozhi flagged 30.

Article 14 guarantees equality before the law and 15 bars discrimination on grounds of religion, race, caste, or place of birth. Article 25 gives the right to practice a religion of their choice and, finally, 30 gives minorities the right to establish and administer educational institutions for their communities.

"This bill violates Articles 14, 15, and 25... it is discriminatory and arbitrary...By bringing this bill, the centre is dividing the nation... this is evidence that you are an enemy of Muslims," Mr Owaisi said.

The DMK's Kanimozhi said, "It is a direct violation of Article 30... this bill targets a particular religious group...", and Congress MP Manish Tewari also accused the Waqf amendments of being violative of various provisions of the Constitution.

Mr Tewari also slammed the government for lacking legislative competence to introduce such an Act - which he called "an assault on the federal structure" - "...because there is no entry in the list (of subjects the Union government can legislate) which pertain to religious endowments..."

Restrictions On Donors

Under the proposed new law only Muslims practicing their faith for five years or more can donate property, movable or otherwise to the Waqf boards, and only the legal owner can take this decision.

NDTV Explains | Non-Muslims On Boards, Can't Claim Land: Waqf Changes

This proposal was rejected by Mr Owaisi, who asked the government how it planned to verify if an individual is a practicing Muslim.

What Government Said On Waqf Bill

Speaking after the opposition had its say, Mr Rijiju ripped into his rivals, declaring previous central governments (referring to those led by the Congress) could not address this issue.

Minority Affairs Minister Kiren Rijiju said the government had to bring amendments because previous Congress governments could not address issues in the law.

"Because you couldn't... we had to bring these amendments. Some people have captured Waqf boards and this bill has been brought to give justice to ordinary Muslims," he said.

"Till last night, Muslim delegations came to me... many told me mafia has taken over Waqf boards and some said they personally support the bill but can't say it due to their political parties..."

Government sources earlier said the bill is also meant to curb illegal occupancy of by Waqf boards, and warned of a "dangerous narrative" being manufactured by certain Muslim clerics.

New Waqf Proposals

Among the Waqf Board changes (apart from including non-Muslim members) is a provision to include at least two women on every board, including the Central Council. Sources earlier told NDTV the idea is to empower Muslim women and children who "suffered" under the old law.

READ | Waqf Law Change To Help Women, Say Government Sources

The All India Muslim Personal Law Board has said the proposals "will not be tolerated". Spokesman SQR Ilyas said the government wants to change the status of Waqf properties so "possession is easier". Also, the Tamil Nadu board chief called it a ploy to "destabilise" such organisations.

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