Key Concerns Raised by Owaisi
Owaisi argued that the bill infringes upon Articles 14, 15, and 25 of the Indian Constitution, labeling it as both discriminatory and arbitrary. He stressed that managing waqf properties is an essential religious practice for Muslims, and the proposed amendments would severely restrict this right. He stated, “By denying legal recognition to Waqf-al-Aulad under Clause 4 and Waqf under Section 3 r1, the government has sought to restrict how Muslims can manage their Waqf property severely.”
Furthermore, Owaisi highlighted a perceived double standard, noting that while Hindu endowment boards are recognized by usage and custom, the bill imposes stringent documentation requirements on waqf properties. He contended that this disparity is unjust and undermines the rights of the Muslim community.
Potential Impact on Waqf Properties
The AIMIM leader expressed deep concern that the bill’s provisions could lead to the erosion of waqf properties, including mosques and dargahs. He warned, “No Waqf property will be left, nothing will be left.” Owaisi accused the government of attempting to take over these religious sites under the guise of regulation.
He also criticized the proposed replacement of the collector with tribunals comprising retired government officials as the primary authority in determining waqf property status. Owaisi argued that this move could lead to bias and mismanagement, further threatening the integrity of waqf holdings.
Call for Nationwide Protest
In response to the bill, Owaisi has called for a nationwide protest, urging the All India Muslim Personal Law Board to mobilize against the proposed amendments. He emphasized the need to raise awareness about the bill’s potential violations of constitutional rights and its adverse effects on the Muslim community.
Opposition Within Parliament
Owaisi’s objections are not isolated. Other opposition MPs, including Kalyan Banerjee and Md Nadimul Haque, have also voiced their dissent. They protested the alleged expunction of key portions of their dissent notes submitted to the Joint Parliamentary Committee on the Waqf (Amendment) Bill, arguing that their objections were removed arbitrarily without prior notice or explanation.
Government’s Stance
The government, on its part, has introduced the bill with the stated aim of reforming waqf management. Proposed changes include establishing a central waqf council alongside state waqf boards, with representation from Muslim women and non-Muslims. The bill also seeks to designate the district collector as the primary authority in determining whether a property is classified as waqf or government land, shifting responsibility away from waqf tribunals.
Additionally, the legislation outlines the creation of a separate Board of Auqaf specifically for the Boharas and Aghakhanis, ensuring representation for Shias, Sunnis, Bohras, and Aghakhanis within Waqf Boards. It also grants the central government the authority to initiate audits of waqf properties through auditors appointed by the Comptroller and Auditor General of India.
Broader Implications
The debate over the Waqf (Amendment) Bill, 2024, underscores the broader tensions between religious practices and state regulation in India. As discussions continue, the outcome will have significant implications for the management of religious properties and the rights of minority communities in the country.
