The Waqf (Amendment) Bill, introduced in the Lok Sabha by Minority Affairs Minister Kiren Rijiju on August 8, 2024, seeks significant changes to the Waqf Act of 1995. Key among these is the requirement for government verification of properties before they are declared as Waqf assets. Additionally, the bill proposes the inclusion of non-Muslims in the Central Waqf Council and State Waqf Boards, a move that has sparked considerable debate.
Opposition parties have voiced strong objections to the bill. Congress MP K.C. Venugopal labeled it a "fundamental attack on the Constitution and a direct assault on the right to religion." He argued that the bill undermines the federal structure and is strategically timed ahead of upcoming state elections. AIMIM leader Asaduddin Owaisi accused the government of being antagonistic towards Muslims, asserting that the bill poses a "grave attack on the basic structure of the Constitution" by violating principles of judicial independence and the separation of powers. Samajwadi Party chief Akhilesh Yadav suggested that the bill serves the vested interests of the ruling party.
In Karnataka, the State Waqf Board has expressed strong opposition to the proposed amendments. During a meeting led by Housing and Minorities Welfare Minister Zameer Ahmad Khan and State Waqf Board Chairman Anwar Basha, a resolution was passed condemning the bill. The board emphasized its autonomy and argued that the amendments are detrimental to the community's interests. A memorandum was subsequently submitted to Chief Minister Siddaramaiah, urging him to communicate the state's dissent to the central government.
The All India Muslim Personal Law Board (AIMPLB) has also criticized the bill, alleging that it is designed to "usurp" Waqf properties nationwide. AIMPLB spokesperson S.Q.R. Ilyas accused the JPC of partisanship and failing to conduct its duties impartially. He contended that the proposed amendments could jeopardize the status of various religious sites and transfer significant powers from Waqf institutions to district authorities.
Jamiat Ulama-i-Hind President Maulana Arshad Madani described the bill as unconstitutional, undemocratic, and an infringement on religious freedom. He argued that the amendments represent governmental interference in religious matters, which is unacceptable to the Muslim community. Madani highlighted concerns that the bill could lead to the appropriation of Waqf properties and alter the composition of Waqf boards by including non-Muslim members.
In defense of the bill, Minister Kiren Rijiju stated that the proposed amendments aim to enhance transparency and benefit marginalized sections of the Muslim community. He dismissed opposition criticisms as misleading and affirmed that the bill does not infringe upon religious freedoms. Rijiju emphasized that the amendments are intended to provide rights to those who have previously been deprived.
The DMK's decision to challenge the bill in the Supreme Court underscores the escalating tensions surrounding the proposed legislation. As the JPC moves closer to finalizing its report, the bill's future remains uncertain, with potential legal battles on the horizon.