Approves 14 NDA amendments, rejects 44 Opposition proposals
By Anwarulhaq Baig / NEW DELHI
Joint Parliamentary Committee chairman and BJP MP Jagdambika Pal has approved all 14 amendments proposed by the NDA and rejected all 44 opposition alterations to the contentious Waqf Amendment Bill, sparking accusations of “dictatorial” conduct after he recently suspended 10 opposition members from the panel.
The JPC conducted 36 meetings within a period of six months to complete its mandate. It held deliberations with a wide range of stakeholders including waqf boards, minority commissions, legal experts and Muslim scholars.
The JPC was formed to gather the views and suggestions of various stakeholders, waqf boards, minority ministries in different states, and Muslim groups regarding the Waqf Amendment Bill 2024, following strong opposition from both opposition parties and Muslim leadership to the proposed Bill. The amendments were proposed as the Waqf Act 1995, according to the government, had failed to ensure proper management of waqf assets, end corruption and stop encroachment of waqf properties.
Talking to the media, JPC chairperson Jagdambika Pal confirmed that 14 amendments to the Waqf Amendment Bill were approved by majority vote, with 44 amendments debated in total. He added that opposition amendments received 10 votes in favour and 16 against, leading to their rejection, noting that the entire exercise was democratic, and the majority opinion prevailed.
Opposition MPs denounced the proceedings in the meeting on Monday as undemocratic, accusing JPC chairperson of undermining democratic processes.
Speaking to the media today, Jagdambika Pal defended the approval of 14 amendments to the Waqf Bill, 1995, emphasizing the committee’s extensive consultation process. He said, “Over the past six months, the committee held 36 meetings across multiple states, engaging with stakeholders including state government officials, Waqf boards, Islamic scholars, and legal experts.”
Refuting allegations from opposition MPs that they were denied the opportunity to speak, Pal stressed that all proposed amendments, including those from the opposition, were voted on transparently in yesterday’s meeting. He confirmed the revised draft has been sent to the legislative department and will be adopted in a meeting tomorrow, along with a detailed 500-page JPC report. Following that, the amended bill will be presented to the Speaker. Pal accused that while opposition MPs have disrupted meetings.
According to sources and statements from JPC Chairman following yesterday’s meeting, key changes to the draft Waqf Bill have emerged so far, including:
• Non-Muslim Representation: Waqf councils at both state and national levels will include at least two non-Muslim members, with additional ex-officio members potentially increasing this number.
• Central Waqf Council Composition: Requires the Central Waqf Council to include a Union minister, three MPs, two former judges, and four individuals of national repute.
• Waqf by User : The clause allowing properties used for religious purposes to be questioned on the grounds of ‘Waqf by user’ has been removed.
• Retrospective Application: The law will not apply to properties already registered, a point contested by opposition MPs, who stated that this could be problematic, as an estimated 90% of Waqf properties are not registered.
• Waqf Declaration Restrictions: A new provision, proposed by BJP MP Tejasvi Surya, requires Waqf land donors to prove they have been practicing Islam for at least five years and affirm that the donation is free from contrivance.
• Inclusion of Women: Mandates the appointment of at least two women representatives on Waqf boards.
• Loss of Land Claim Rights: Removes the Waqf Council’s authority to claim land.
• Registration of Waqf Properties: Extends the window for registering Waqf properties on a portal beyond the original six-month deadline.
• Determining Waqf Property: Transfers responsibility from the District Collector to a state-appointed officer for determining whether a property is Waqf or government land and presides over the land disputes.
• Board of Auqaf for Specific Groups: Establishes a separate board for Bohras and Agha Khanis.
The Waqf (Amendment) Bill, 2024, was introduced in the Lok Sabha by Union Minority Affairs Minister Kiren Rijiju on August 8 and referred to the joint committee of Parliament following strong opposition. The bill aims to amend the Waqf Act of 1995. The 21-member JPC was tasked with reviewing the legislation, which proposes changes to the powers of state waqf boards, the survey of waqf properties, and the removal of encroachments.
The JPC was originally tasked with submitting its report by November 29 in the winter session, but the deadline has since been extended to the final day of Parliament’s Budget Session, which concludes on February 13.
In a related developments, the JPC chairman had last week suspended 10 opposition MPs. Following this, opposition members wrote to Lok Sabha Speaker Om Birla, expressing concerns that JPC Chairman Pal was attempting to “steamroll” the Waqf Bill, citing political motives linked to the February 5 Delhi polls.
Opposition Leaders Protest Process and Amendments in Joint Parliamentary Committee on Waqf Bill
Opposition members of the JPC on the Waqf Bill have strongly criticized both the process and substance of recent amendments, claiming procedural violations and suppression of minority rights.
In a joint statement signed by 11 Opposition MPs, they alleged that the JPC chairman conducted proceedings improperly and deviated from established rules. “The chairman himself called the names of the mover of the amendments and conducted the head counts on his own desire,” the statement noted, adding that their “sincere efforts to protect the constitutional assurances given to the minorities are being defeated.”
In the statement signed by A Raja, Kalyan Banerjee, Gaurav Gogoi, Asaduddin Owaisi, Syed Naseer Hussain, Mohibbullah Nadvi, Imran Masood, MM Abdulla, Dr. Mohd Jawed, Arvind Sawant, Nadimul Haque, they said, “we strongly protest the flawed process followed by #JPC on the Waqf Amendment Bill. Procedural violations, suppression of voices, and unilateral decisions by the #JPC Chairman undermine democracy. We appeal to the people of India to uphold constitutional values, honour the vision of our great leaders and protect minority rights to preserve social harmony and the secular fabric of our nation.”
In another related development, Opposition MPs at a joint press meet slammed the JPC chairman. On this occasion, AIMIM Chief Asaduddin Owaisi particularly criticized the amendments’ intent, stating, “These amendments are not meant to strengthen the Waqf board or address encroachments, but to reward the encroachers.” He further emphasized the religious significance of Waqf properties, noting that “Waqf is like a prayer for Muslims. It is not a physical prayer, but it is a form of prayer for us.”
Congress MP Syed Naseer Hussain highlighted that an overwhelming majority of stakeholders opposed the bill: “95-98% of stakeholders opposed the Bill… We were not provided minutes of the discussion… All procedures were bypassed.”
Voicing his concerns on X after receiving JPC’s 655-page draft report on Waqf bill, just hours before tomorrow’s scheduled meeting to adopt it, Congress MP Dr. Md Jawaid slammed the BJP-led government for rushing the process for the Bill, and alleged that it was designed to silence opposition voices and push the BJP’s agenda to control Waqf properties. He emphasized that the bill’s impact extends beyond land, threatening the rights and future of the community.
TMC MP Kalyan Banerjee characterized the proceedings as “a farce” and “a black day of democracy,” claiming that committee members were not allowed to speak during amendment discussions.
Shiv Sena (UBT) MP Arvind Sawant echoed these concerns, stating that required clause-by-clause discussions never took place.
All India Muslim Personal Law Board (AIMPLB) spokesperson, Dr. SQR Ilyas criticized the JPC’s approval of NDA amendments to 14 clauses of the Waqf Bill, rejecting opposition-sponsored changes. Talking to media, he stated, “The JPC was formed due to significant objections to the amended bill in Parliament, including from Muslims, the Congress party, and other political groups. It was referred to the JPC to gather public and stakeholder opinions. However, we observed that democratic norms were not followed, and discussions lacked openness. When the JPC sought public input, we urged Muslims to voice their opposition, resulting in the largest public response to a JPC issue in India’s history. We reject the bill, believing it is designed to weaken Waqf law.”
Samajwadi Party MP Mohibullah Nadvi expressed broader concerns about the implications for minority communities, stating, “What is being done to Muslims today is a mockery and an insult, which we cannot accept under any circumstances.”
Speaking to media, Mohibbullah said, “after the elections, we feared that the government would disregard the Constitution and treat Dalits, Muslims, and backward communities (SC/ST) as worthless. He stated, “We will convince our fellow citizens that tomorrow, properties of Hindu endowments will also be seized, and their laws will face similar interference, just as is happening now with Muslims. The same will be done to the Sikh community as well.”
CPI leader D Raja warned about the larger implications for democratic processes, saying, “Parliament is becoming redundant, if it becomes redundant, the democracy goes. It should be a major concern, it is a grave threat to the parliamentary democratic system, constitution, democracy.”
The JPC is expected to move the final draft report on January 29, though opposition members have stated they will continue to challenge both the process and the substance of the amendments through various channels, including potential legal action. indiatomorrow