Waqf Bill Debate: Key Highlights From The Lok Sabha Discussion

The Lok Sabha passed the Waqf Amendment Bill early Thursday after an intense 12-hour debate that extended well past midnight. The discussion saw fierce exchanges between the government and the Opposition, but the ruling party’s numerical advantage ensured the bill’s passage. Around 2 a.m., the bill was approved with 288 votes in favor and 232 against.

An amendment in the Waqf Properties Act 1995 is likely to be tabled in the Rajya Sabha now.

Waqf Bill In Parliament

However, the bill contains several controversial provisions. One key amendment mandates the inclusion of two non-Muslim members in the Central Waqf Council and Waqf Boards. Another provision states that only individuals who have practiced Islam for at least five years can donate properties to Waqf. Furthermore, under the new law, government properties identified as Waqf will no longer belong to the state; their ownership will instead be determined by the local Collector.

The Opposition strongly opposed the bill, arguing that the Joint Parliamentary Committee tasked with reviewing the legislation ignored their recommendations. Calling the bill unconstitutional, Congress accused the government of attempting to “defame and disenfranchise minorities.” The party labeled it a “4D assault on the Constitution.”

AIMIM chief Asaduddin Owaisi staged a dramatic protest, symbolically tearing up the bill about Mahatma Gandhi’s defiance of British laws in South Africa. The government, however, defended the legislation, insisting that it was about property management rather than religion. They claimed that large amounts of land had been taken over by Waqf due to what they called the Congress’s appeasement politics. The ruling party also asserted that the amended law would help eliminate irregularities, ensuring that Waqf properties benefit women and children. Moreover, they stated that the bill had widespread support, including from non-Muslim minorities.

Union Home Minister Amit Shah defended the bill by citing a list of properties granted to Waqf, including lands belonging to temples, other religious institutions, and government entities. He claimed that Waqf authorities had taken over government land in Delhi’s Lutyens zone and cited an example in Tamil Nadu where a 400-year-old temple property was designated as Waqf. “The land for a 5-star hotel worth lakhs was given in Waqf just for 12,000 per month. Few properties of saint characters belonging to all religions had been made Waqf, including the Chandrasekhar Azad Park in Prayagraj,” he said.

“You cannot donate someone else’s property. You donate something that is yours,” Shah emphasized.

Union Minister Kiren Rijiju, while introducing the bill, pointed to an ongoing legal case in Delhi since 1970 involving multiple properties, including the old Parliament building. “If that amendment had not been introduced today, even the building we are seated in could be claimed as waqf property,” he warns.

Shah also blamed Congress for the necessity of this amendment, claiming that changes to the Waqf Act in 2013 had led to the current situation. “Overnight, the most extreme Waqf law was passed in 2013 for appeasement. As a result, 123 properties in Delhi’s Lutyens zone were handed over to Waqf just 25 days before elections,” he alleged.

He further denied allegations that non-Muslims would be included in Waqf boards responsible for religious property management. “Those managing religious properties will remain from that religion. The Opposition is merely trying to scare the minority community to secure votes,” he said.

Spirited Opposition Criticism

Congress leader Gaurav Gogoi delivered a strong rebuttal, accusing the government of attacking the Constitution. “The bill seems to weaken the Constitution, defame and dispossess the minorities, grind them further down to the stone, and disrupt Indian society,” he said. “Four meetings of the Minority Commission have happened in 2023, but nowhere was any mention made about the need for a Waqf amendment bill. I ask the government this bill come from the Minority Affairs Ministry or whatever?” he questioned.

Shiromani Akali Dal MP Harsimrat Kaur Badal also criticized the government, accusing it of attempting to divide minorities. “The party, without a single Muslim MP, is now turning towards Muslims? The party that thrives on polarization is now remembering the community?” she remarked, targeting the BJP.

She further highlighted the upcoming elections in Uttar Pradesh, stating that 27% of Waqf properties are in the state. “You demolished our historic Gurudwara and developed Ayodhya. If your intentions were genuine, you would have included a Muslim representative in the Ayodhya committee. You are breaking every minority community. You are the true ‘Tukde Tukde’ gang,” she charged. Badal’s party had parted ways with the BJP during the farmers’ protest.

Key Provisions of the Amended Bill

The Waqf Amendment Bill introduces several major changes:

• Under prevailing law, Muslim trusts can never legally be equated to a Waqf.
• Only those practicing Islam for the past five years or more may commit property to Waqf, reviving pre-2013 regulations.
• Women should be given their rightful inheritance to any Waqf declaration, with special consideration for widows, divorced women, and orphans.
• A government officer higher will now probe government properties alleged to be Waqf.
• In cases of conflict, a high government official will determine if the property is Waqf or state-owned, substituting the present Waqf tribunals.
• The bill suggests adding non-Muslim members to the Central and State Waqf Boards to ensure inclusivity.

Final Words

The All India Muslim Personal Law Board (AIMPLB) has promised to move in court against the Waqf Amendment Bill. “We will stage nationwide protests, just like farmers. If necessary, we will stage road blockades and take all peaceful means to protest the bill,” said AIMPLB spokesperson Mohammad Mohsin.

With its passage in the Lok Sabha, all eyes are now on the Rajya Sabha, where another round of heated debate is expected as the bill moves forward in the legislative process.