Opposition Criticizes Waqf (Amendment) Bill, Labels It ‘Draconian’

New Delhi: On August 8, the Opposition vehemently opposed the introduction of the Waqf (Amendment) Bill in the Lok Sabha, with Congress MP KC Venugopal describing it as “draconian” and an attack on the Constitution. The bill, introduced by Union Minority Affairs Minister Kiren Rijiju, faced sharp criticism for allegedly violating religious freedom and undermining federalism.

Opposition’s Stand:

Congress MP KC Venugopal argued that the bill infringes on religious freedom and attacks the federal structure of the Constitution, accusing the government of continuing divisive politics ahead of upcoming state elections.

The Waqf Amendment Bill is a fundamental attack on the Constitution and a draconian law.

The government is attacking the faith and religion of the people.

: Congress General Secretary (Org.) Shri @kcvenugopalmp in Lok Sabha pic.twitter.com/EtV4bhaGgz
— Congress (@INCIndia) August 8, 2024

Samajwadi Party MP Mohibullah Nadvi claimed that the bill undermines religious freedom, especially by allowing non-Muslims to be appointed to the central Waqf council.

TMC MP Sudip Bandhopadhyay and DMK MP Kanimozhi echoed these concerns, labeling the bill as anti-constitutional, anti-federal, and a violation of Article 30, which protects the rights of minorities to manage their institutions.

NCP MP Supriya Sule expressed concerns over the bill’s timing and its impact on minority communities, urging the government to reconsider.

लोकसभेत सादर करण्यात आलेल्या वक्फ सुधारणा विधेयक २०२४ वरील चर्चेत राष्ट्रवादी काँग्रेस शरदचंद्र पवार पक्षाच्या वतीने सहभाग घेतला. वक्फशी संबंधित कोणतीही संस्था अगर व्यक्तींशी कसल्याही प्रकारची चर्चा न करता हे विधेयक सरकारने सभागृहात सादर केले आहे. त्यामुळे शासनाने एकतर हे विधेयक… pic.twitter.com/oGtBguUE0y
— Supriya Sule (@supriya_sule) August 8, 2024

IUML’s ET Muhammed Basheer criticized the bill as a violation of several constitutional articles, accusing the government of pushing a divisive agenda and warning that it could lead to the collapse of the Waqf system.

In the House, I spoke out fiercely against the central government's efforts to create division among communities. They responded by cutting off the microphone. However, our fight for Waqf properties and the Waqf board will persist. The speech is provided below.#WaqfAct #iuml pic.twitter.com/kJ398XlCZl
— E.T Muhammed Basheer (@BasheerEt) August 8, 2024

AIMIM chairperson Asaduddin Owaisi called the bill a grave attack on the Constitution’s basic structure, accusing the government of being hostile towards Muslims and questioning the competence of the House to amend the Waqf Act.

Waqf Amendment Bill, 2024 mulk ko baantne ke liye laya gaya hai, jodne ke liye nahi. Aap musalmano ke dushman hain, yeh bill iss baat ka saboot hai.#AIMIM #AsaduddinOwaisi #Parliament #WaqfBoardBill #waqf #WaqfActAmendmentBill pic.twitter.com/pCrsyoFOWg
— Asaduddin Owaisi (@asadowaisi) August 8, 2024

Government’s Defense:

Union Minister Kiren Rijiju defended the amendments, stating that the Waqf Act of 1995 had not fulfilled its purpose, necessitating the current amendments. He assured that the bill does not infringe on any religious freedoms or constitutional provisions.
Rijiju emphasized that the proposed changes were recommended by a joint parliamentary committee and were intended to correct the deficiencies of the previous law.

Key Changes in the Waqf Act:

The bill proposes significant amendments, including the inclusion of Muslim women and non-Muslims in Waqf bodies.
It suggests renaming the act to the Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995.
The bill also proposes the establishment of a separate board of Auqaf for Boharas and Aghakhanis, and ensures representation for Shias, Sunnis, Bohras, Agakhanis, and other backward classes among Muslim communities.
It seeks to clearly define ‘Waqf’ and streamline the registration and management of Waqf properties through a central portal and database.
Section 40, which gives Waqf boards the power to determine if a property is Waqf property, is proposed to be omitted.

The Waqf Act, originally enacted in 1995 to regulate assets donated and notified as Waqf, was last amended in 2013. The current bill aims to address the shortcomings of the previous legislation and enhance the governance of Waqf properties.