The JPC adopted all amendments proposed by the members of the ruling BJP-led NDA while negating all changes moved by Opposition members.
Published Jan 27, 2025 | 3:13 PM ⚊ Updated Jan 27, 2025 | 3:23 PM
File photo of Lok Sabha. (Screengrab)
A Joint Parliamentary Committee (JPC) led by BJP MP Jagdambika Pal on Monday, 27 January, cleared the Waqf Amendment Bill tabled in the Lok Sabha in August last year.
The JPC adopted all amendments proposed by the ruling NDA members while negating the changes suggested by the Opposition.
“The amendments moved by the NDA members in 14 have been accepted,” Pal told the media.
“The Opposition, too, had suggested amendments. We moved each and every one of those amendments and it was put to vote but there were 10 votes supporting theirs (suggested amendments) and 16 votes opposing it,” he added.
The 14 proposed changes are set to be voted on Wednesday, 29 January, with the final report scheduled for submission by Friday, 31 January, reported NDTV.
By way of passing the Waqf (Amendment) Bill 2024 proposed changes to 44 sections of the Waqf Act, 1995 will come into effect.
Opposition MPs slammed the meeting’s proceedings, accusing the JPC chairperson of “subverting” the democratic processes, which were denied by the latter.
“It was a farcical exercise. We were not heard. Pal has acted in a dictatorial manner,” TMC MP Kalyan Banerjee said.
“Today, they did everything that they had pre-decided. They did not allow us to speak anything. No rules and procedures have been followed… We wanted to discuss the amendments clause-by-clause but did not let us speak at all. The JPC chairperson Jagdambika Pal moved the amendments and then declared them without listening to our points… This is a bad day for democracy,” he added.
On 24 January, 10 Opposition MPs were suspended for the day from the panel after chaos erupted at the JPC meeting at Parliament Annexe. The JPC was hearing from stakeholders about the proposed legislation to overhaul Waqf property administration.
Opposition members protested during the committee meeting, reportedly due to insufficient time provided to review proposed changes to 44 sections of the Waqf Act, 1995.
The current Bill proposes to change the composition of the Central Waqf Council and Waqf Boards to include non-Muslim members.
The Survey Commissioner has been replaced by the Collector, granting him powers to conduct surveys of waqf properties.
According to the Bill, “Collector includes the Collector of land-revenue of a district, or the Deputy Commissioner, or any officer not below the rank of Deputy Collector authorised in writing by the Collector.”
It also says that government property identified as waqf will cease to be waqf and the collector will determine ownership of such properties.
The Bill also proposes to revoke the finality of the Waqf Tribunal’s decisions and provides for direct appeal to respective high courts.
Currently, waqf is managed according to Muslim law. The amendment allows and mandates non-Muslim members in state Waqf Boards and Central Waqf Council.
Critics argue that it creates room for these bodies to majorly comprise non-Muslim members while similar institutions governing Hindu and Sikh endowments primarily comprise members from their respective religions.
They also contend that removing Muslim law experts from Waqf Tribunals may affect the redressal of waqf-related disputes. Further, the Bill limits the creation of waqf to only people professing Islam for at least five years.
Critics say the rationale behind such criteria is unclear since it creates a distinction between persons practising Islam for less than five years, and those doing so for more than five years.
AIMIM chief Asaduddin Owaisi said: “In UP, 95 percent properties of the Waqf are those which were given as per the clause of ‘Waqf by user’. Now as per the Bill, if this clause is removed, then what will be the status of these properties? The parliament has given time till the last day of the Budget session to submit the report. I would like to request our chairman not to submit the report in a hurry. We have not yet heard from the representatives from Kashmir.”
Echoing similar sentiments, Congress MP from Saharanpur Imran Masood said, “We can’t discuss the details of the meeting. If the ‘Waqf by user’ clause is deleted, then what will be left? This is an attempt to grab Waqf properties.”
A “waqf by user” is a property that is considered a waqf because it has been used for a long time, even though there was no express dedication
