Hyderabad: The Telangana State Waqf Board has become the first in the country to oppose the Waqf Amendment Bill 2024. AIMIM Chief Asaduddin Owaisi announced this on Monday, thanking Telangana Chief Minister Revanth Reddy for supporting their stance. Owaisi criticized the Bill as “discriminatory” and “arbitrary,” calling for its withdrawal.
Owaisi, alongside AIMPLB Chairman Khalid Saifullah Rahmani, met with Revanth Reddy to express their concerns about the Bill. The Telangana Waqf Board unanimously rejected the Bill, describing it as a retrograde measure aimed at targeting the Muslim community and the Waqf institution. The Board’s statement highlighted that the Bill undermines the Waqf Council and Board by allowing non-Muslim members, risking a shift in their control away from the Muslim community.
The Board also argued that the Bill violates several constitutional rights, including the right to religious freedom and property, as it imposes restrictions
The Telangana Waqf Board has passed the following Resolution:
Telangana State having a large number of Wald properties and the Telangana Wakf Board is the custodian of the biggest stakeholder. The Board has gone through carefully and diligently into the proposed Waqf amendment bill 2024, clause by clause, and has also discussed the issues with legal experts and administrators. And after going through the bill convinced about the harmful and damaging effects of the provisions of the bill, the TG Waqf Board unanimously resolves to reject the proposed amendments. It is obvious to the Board that the proposed bill has been prepared with a particular mindset and aims at destroying the autonomy of the Waqf Board and the very institution of Waqf by bringing the Wakf under the total control of Collectors who will be free to claim and determine any Waqf property as government property and give directions to Mutawalli and its compliance will be binding on Mutawalli. The bill destroys the structure of the Waqf Council and Waqf Board by making them nominated, introducing essentially two non-muslim members, and leaving scope for the Council and Board to eventually become non-Muslim dominated. The bill is also against the principles of federal governance because it aims at excluding the role of the State Government from the administration of Waqf and even rule-making power and prescription of formats are sought to be usurped by the Central Government.
The proposed bill seeks to perpetuate communal discrimination as several provisions a • .1 arc in direct contrast with the provisions of the Hindu Endowment Act. For example, the proposed bill prohibits any non-Muslim members in the Waqf Board whereas any person can make a Hindu Endowment, compulsory inclusion of two non-Muslim members in the Waqf Board whereas in Dharmic Parishad of Hindu Endowments, there cannot be any non-Hindu member, Chief Executive Officer of Waqf Board can be a non-Muslim whereas, under Hindu Endowment Act, no Non-Hindu can hold an executive post, there is no role of collectors under Hindu Endowment Act, whereas, through the proposed bill, Collectors are sought to be given arbitrary and total control over Wakfs from registration to determination of a property as Waqf, removing Waqf properties from the Limitation Act. The bill also makes a systematic effort to weaken and dilute the efficacy of the Waqf Tribunal by making their decision non-final whereas the powers of the Hindu Endowments Tribunal remain unchanged. This bill is a direct infringement of Articles 14,19, 21, 25, and 300-A of the constitution of India as it interferes with the freedom of religion and right to property, in as much as it prohibits a Muslim from dealing with his/her own property unless he is certified to be a “practicing Muslim for 5 years”. This bill is against the interest of the Waqf as it intends to remove the exemption of the limitation Act and the Supreme Court-approved concept of Waqf by a user. It further mandates the registration of Waqf mandatory before approaching the Court of law for redressal whilst removing the powers of the Waqf Board and its CEO to register the Waqf under Sections 36 & 40 of the Waqf Act, thereby completing crippling the powers of the Waqf Board at the same time arming the encroachers/land grabbers to perpetuate their illegalities. As per Section 143 of The Telangana Charitable and Hindu Religious Institutions And Endowment Act 1987, properties of charitable and religious institutions not to vest under the Law of Limitation after commencement of the Act.
Thus, in view of the above and after going to clause by clause implication of the proposed Waqf Amendment Bill, 2024, the Telangana Waqf Board unanimously resolves to reject the proposed bill as a retrograde step to target the Muslim Community and the Waqf institution and condemns this type of divisive agenda being pushed through the controversial bill.
It is further unanimously resolved to get an appointment of the Hon’ble Joint Working Committee on Waqf Amendment Bill 2024 to present the requisite document/data by Telangana Waqf Board and It is also resolved to convene a Conference with all the Chairpersons / C.E.O.s of Waqf Boards where non-B.J.P. Government is existing”.
Hence, this Press Note is released for coverage in print and electronic media.
Earlir… 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.
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.
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.
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.
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.
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