Dilip Shekhawat
In a dramatic and lengthy debate that stretched over 12 hours yesterday, the Lok Sabha passed the Waqf (Amendment) Bill today with 288 votes in favor and 232 against. The bill, which seeks to amend the Waqf Act of 1995, aims to overhaul the management and administration of Waqf properties in India.
Now, it moves to the Rajya Sabha for further discussion, where eight hours have been allocated for debate. Waqf properties, traditionally donated for religious or charitable purposes under Islamic law, play a crucial role in community welfare, and the Bill seeks to address inefficiencies in the current system.
While the government argues that the bill will bring much-needed transparency and efficiency, particularly by introducing technology-driven management and simplifying the registration process, it has sparked fierce opposition. Critics, including several opposition parties, have labeled the move as an unconstitutional interference in Muslim religious affairs. They claim that removing certain provisions will diminish the autonomy of Waqf Boards and give the government more control over religious property.
Union Home Minister Amit Shah, however, vehemently rejected these claims, stating that the bill ensures no government interference, and instead, it aims to empower the Waqf Boards, making them more accountable and transparent.
Moreover, one of the most contentious parts of the bill is the removal of Section 40 of the Waqf Act, which previously granted the Waqf Board the power to decide whether a property was a Waqf asset. This decision could not be challenged by any executive body, giving the Waqf Board significant authority. The government argues that this provision had led to irregularities, especially after the 2013 amendment, which had drastically increased the amount of land under Waqf control. The opposition, however, warns that removing this power will render the Waqf Boards ineffective, calling them “toothless.”
The bill also opens the door for more inclusivity in Waqf Boards, with provisions to ensure the representation of Shia and Sunni Muslims, women, and even non-Muslim experts. This effort to bring diversity into decision-making processes has been welcomed by many, though some remain skeptical about how effective these changes will be in the long run. The bill also aims to remove legal complexities, making it easier to manage Waqf assets, while promoting greater community welfare through improved governance.
Despite the heated debates and polarized views, the passage of the Waqf (Amendment) Bill marks a significant moment in India’s political and religious landscape. The bill will be tabled today in Rajya Sabha shortly expectedly for another stormy debate.
