Bill referred to a joint parliamentary committee after Union Minority Affairs Minister Kiren Rijiju introduced it in the Lok Sabha, amid strong objections from the Opposition parties…reports Asian Lite News
The Waqf (Amendment) Bill, 2024, has been referred to a joint parliamentary committee (JPC) on Thursday after Union Minority Affairs Minister Kiren Rijiju introduced it in the Lok Sabha, amid strong objections from the Opposition parties, alleging that the Bill was aimed at targeting the Muslim community.
The Lok Sabha witnessed a two-hour long debate at the time of introduction, following which it was decided that the Bill would be sent to a JPC. Speaker Om Birla informed the House that he would constitute the joint panel after consulting the leaders of all the parties.
Opposition parties called the proposed amendments to the Waqf law “an attack on the Constitution, interfering with religious matters and against the spirit of federalism”. Leading the charge, senior Congress leader K.C. Venugopal called it a “draconian” Bill and alleged that it was brought with an eye on the upcoming Assembly elections in Maharashtra and Haryana.
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Defending the Bill, Rijiju said that it merely sought to implement reforms suggested by committees that were set up by the previous Congress government and neither were any rights being snatched nor was religious freedom being curtailed.
“Because you [Congress] couldn’t do it, we had to bring these amendments… Some people have captured Waqf Boards and this Bill has been brought to give justice to ordinary Muslims,”the Minister said, adding that many leaders in the Opposition had privately told him that State Waqf Boards had turned into a mafia.
Though BJP allies such as the Janata Dal (United), the Telugu Desam Party (TDP) and the Shiv Sena (Shinde) supported the Bill on the grounds of transparency and reform, sources said some of them had reservations. TDP MP G.M. Harish Balayogi said his party did not have a problem if the Bill was sent to a select committee to “remove misconceptions”.
JD(U) leader and Union Minister Rajiv Ranjan Singh, however, argued that the Opposition was mixing up the issue of institutions such as Waqf Boards with a place of worship, such as a mosque.
The introduction of the Bill also witnessed a spat between Home Minister Amit Shah and Samajwadi Party (SP) chief Akhilesh Yadav after Yadav claimed that the government was proposing to curtail the powers of the Speaker but the Opposition would fight for the Chair.
“This is an insult to the Chair. The rights of the Speaker do not belong to the Opposition, but to the whole House. Akhilesh ji is tarah ki golmol ki baat aap nahi kar sakte [Akhilesh ji you can’t speak in a roundabout way]. You are not the protector of the Speaker’s rights,” Shah retorted.
The Waqf (Amendment) Bill 2024 seeks to make far-reaching changes to the 1995 law that governs Waqf Boards. The Bill proposes the inclusion of two Muslim women and two non-Muslim members on a Board, and inserts a new Section to prevent the wrongful declaration of a property as “Waqf”. It also introduces the District Collector as an arbiter to decide if a property is a Waqf or government land. In the 1995 Act, such decisions are made by the Waqf tribunal.
“This Bill is an attack on the faith and freedom of religion. You are going for Muslims, next you will go for Christians, Jains, Parsis,” Venugopal alleged.
Akhilesh Yadav argued that the the Bill was being introduced to appease the BJP’s hardcore supporters. “What is the point of including non-Muslims in Waqf Boards when this is not done in other religious bodies?” he asked.
Dravida Munnetra Kazhagam leader Kanimozhi said, “Will it possible for a Muslim or a Christian to be part of a Board which manages a Hindu temple? No. Then why should somebody who doesn’t believe in a particular religion have the right to make decisions on behalf of that religion?”
Opposing the Bill on the ground that it targets a particular minority, Nationalist Congress Party-Sharadchandra Pawar MP Supriya Sule said, “Look at what is happening in Bangladesh, there is so much pain. It is the moral duty of a country to protect minorities.”
Arguing that the Bill is an attack the basic structure of the Constitution as it “violates” the principle of judicial independence and separation of powers, All India Majlis-e-Ittehadul Muslimeen chief Asaduddin Owaisi said,“You are enemies of Muslims and this Bill is evidence of that.”
Hitting back, Rijiju argued said the Modi government had been forced to “undertake reforms” because the Congress did not do so. He cited cases such as an entire village in Tamil Nadu being declared Waqf land to underline the need for reforms in the law.
He added that there was no provision to challenge or review the order of the Waqf tribunal but now that was being changed to allow appeals to higher courts. “In our country, no law can be a super law and that can’t be above the Constitution. However, in the 1995 Waqf Act, there are provisions that are above the provisions in the Constitution. Shouldn’t that be changed?” he asked.
In the Lok Sabha, Rijiju had also introduced a Bill to repeal the “Mussalman Wakf Act, 1923” to repeal a colonial-era legislation that was no longer in force for effective management of Waqf property in modern India.
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