Amendments to Waqf Act, 1995: Key Changes and Controversies
The proposed amendments to the Waqf Act, 1995, aim to alter the authority of state waqf boards, address the survey of waqf properties, and enhance mechanisms for removing encroachments. These changes were discussed during the review of the Waqf (Amendment) Bill by the Joint Parliamentary Committee (JPC).
On Monday, the JPC adopted all amendments proposed by members of the Bharatiya Janata Party (BJP)-led National Democratic Alliance (NDA), while rejecting every modification suggested by opposition MPs.
Background on the Waqf (Amendment) Bill
The Waqf (Amendment) Bill was referred to a 21-member JPC in August 2022 for detailed examination. After six months of deliberations, the committee concluded its final meeting, where 44 amendments were discussed. Ultimately, 14 amendments received approval based on majority consensus.
JPC chairperson Jagdambika Pal stated, “We sought input from all members and held detailed discussions over six months. During the final meeting, each proposed amendment was put to vote. While opposition members suggested changes, their amendments were supported by only 10 votes and opposed by 16.”
Opposition Allegations of Bias
Opposition MPs criticized the JPC proceedings, accusing the chairperson of disregarding democratic norms. Trinamool Congress (TMC) MP Kalyan Banerjee called the process “a farcical exercise,” claiming the opposition was not given a fair opportunity to voice their concerns.
Banerjee added, “We wanted a clause-by-clause discussion on the amendments, but the chairperson unilaterally moved the amendments and declared them without addressing our points. It is a dark day for democracy.”
JPC Chairperson Defends Proceedings
In response to the allegations, Jagdambika Pal rejected the claims, asserting that the committee adhered to democratic principles. He emphasized that the majority’s decision was respected throughout the process.
Criticism from Minority Representatives
Samajwadi Party MP Mohibbullah Nadvi described the amendments as an affront to the country’s minority communities. He remarked, “This is an attack on the Waqf Board and the Constitution. The parliamentary procedures have been bypassed. It seems like the amendments were pre-decided, turning the entire process into a mockery.”
Expected Submission of the Report
The JPC on the Waqf (Amendment) Bill is expected to submit its report during the ongoing Budget session. The committee’s term was previously extended during the winter session of Parliament to facilitate a thorough review.
Key Focus Areas of the Waqf (Amendment) Bill
- State Waqf Boards: The legislation seeks to redefine the powers and responsibilities of state waqf boards.
- Survey of Properties: Enhancements in surveying waqf properties are proposed to ensure better management.
- Removal of Encroachments: New measures aim to streamline processes for addressing unauthorized occupations of waqf properties.
These proposed changes have sparked significant political and community debate, with contrasting views on their implications for governance and minority rights.
