The 31-member Joint Parliamentary Committee witnessed a tempestuous second meeting on 30th August, 2024. The JPC was composed to hold cogent discourse over the controversial Waqf (Amendment) Bill which was introduced in the Lok Sabha on 8th August, 2024. The Bill has seen tumultuous debates raging about whether it is intrusive on the internal affairs of the Muslim Community and its management of Waqf Properties. The meeting was a lengthy one, lasting for about 8 hours, from 11 a.m. to 7 p.m. yesterday.
Opposition’s vehemence against Bill
The Bill proposes to make 44 Amendments to the Waqf Act for “effective management” of Waqf properties and the Waqf Board. The Panel questioned the need to interfere in religious matters, especially since the Waqf properties were not provided by the government. Section 3 of the bill has been objected to by many opposition leaders; this clause allows the District Collector to be the Final Arbitrator in cases relating to the Waqf properties.
The expostulation was based on several points. The Opposition argued as to how a civil servant could be entrusted with deciding cases involving the Government itself. Moreover, a District Collector is not an authorized quasi- judicial figure and does not have the expertise to survey Waqf properties under this Act.
There was also a heated argument between Aam Aadmi Party leader Sanjay Singh and a BJP member when a comment was made regarding AAP’s government in New Delhi. MP Sanjay Singh accused BJP of not respecting the Constitution and the government of being excessively intrusive in religious matters. The quarrel had to be broken up by other leaders from both sides.
The “Waqf by user” section which the amendment seeks to remove was also defended by the Panel. The All India Majlis-e-Ittehadul Muslimeen (AIMIM) MP Asaduddin Owaisi expounded on how scrapping this clause could be detrimental. Over one lakh properties would be left susceptible to encroachment if the government deletes this clause. Moreover, it would be a Herculean task and nearly impossible to produce deeds and all documents relating to the transfer of properties dating decades and centuries back.
Samajwadi Party leader Muhibullah stated that Waqf Properties were a part of Islamic identity and therefore a matter to be managed within the community itself. The involvement of non- Muslim members in the Waqf Board was also disapproved; it was argued that Temple Boards do not have any non- Hindus and that the same standard should be applied to Waqf bodies.
The Panel also expressed its reservation on the amendment of the clause that previously allowed any person to gift Waqf properties. The Bill proposed that now only a practicing Muslim of five or more years would be allowed to gift the property. This was met with a question as to who will determine the religious practice of a person.
Brief Walkout
The Opposition also staged a walkout around 4:30 p.m. when Panel Chairman Jagdambika Pal refused to allow one of the witnesses to depose. The disagreement had taken place when MP Pal did not allow the deposition of Advocate Faizul Ayyubi for the U.P Sunni Central Waqf Board after he had acted as a witness for the Indian Muslims of Civil Rights, New Delhi. The Opposition briefly walked out when a BJP leader was speaking, only to return after a short time.
The Panel heard the opinions of several delegations yesterday. Rajasthan Board of Muslim Waqf, All India Sunni Jamiatul Ulama Mumbai and IMCR were some among those who were present in the meeting. The Panel has invited public views on the Bill till 15th September and will be holding its next meeting on September 5th and 6th.
