The Central Government is going to introduce the Waqf Amendment Bill, 2024 in the Lok Sabha on Wednesday (April 2). Although the Center had placed this bill before the Lok Sabha in August last year. However, later it was unanimously sent to the Joint Parliamentary Committee (JPC). The JPC considered the suggestions for amendment received on the bill for about six months and on January 27 approved it to be introduced again in Parliament. Just a month later, the Union Cabinet also approved this bill.
Now the government has decided to introduce the Waqf Amendment Bill at the end of the second phase of the budget session. Through this, the government wants to amend the Waqf Act, 1995. At present, the management of Waqf properties in the country is done under this law. However, the government now wants to carry out the management of Waqf properties in a better way. Also, it wants to resolve the disputes related to them soon.
First know- Why did the Center send the bill to JPC?
Parliamentary Affairs Minister Kiren Rijiju introduced the Waqf Amendment Bill on August 8. With over 40 amendments, the Waqf (Amendment) Bill proposed to abolish several parts of the existing Waqf Act. Apart from this, the bill talks about far-reaching changes in the current Act. This also includes ensuring the representation of Muslim women in the Central and State Waqf Boards. Along with this, people of any religion can be members of its committees. The Act was last amended in 2013. Amid opposition from opposition parties, the government on Thursday recommended sending the bill to the Joint Parliamentary Committee.
However, after opposition parties opposed the provisions present in this bill, the government said to send it to the Joint Parliamentary Committee (JPC) for investigation.
What happened to this bill in JPC?
1. 572 amendment proposals were received, but only 14 were accepted
The JPC considered this bill for about six months. It was said that the members of the parliamentary committee suggested a total of 572 amendments. The chairman of this JPC, BJP leader Jagdambika Pal, also released a consolidated list of amendments proposed by the committee. He said that every amendment was discussed clause-wise.
The last meeting of the JPC was held on January 27. After this, Jagdambika Pal said that out of the amendments presented by the government and the opposition, 44 amendments were discussed in depth. Pal said that we had sought proposed amendments from all the members. The committee has accepted 14 amendments based on the majority. The opposition had also suggested some amendments, but when voting was done on them, they were rejected based on majority.
On the other hand, JPC member MP Aparajita Sarangi said that the JPC meeting was conducted in a completely democratic manner. Everyone was given a chance to speak. The bill was discussed for 108 hours and 284 stakeholders were talked to. The committee discussed the bill with the members of the organizations whose members could not come to Delhi by visiting different states.
2. How did the ruling party and the opposition face off in the JPC meetings?
Meanwhile, tensions between the ruling party and the opposition were also seen in the JPC meetings. From Trinamool Congress MP Kalyan Banerjee banging a bottle on the table to MPs creating a ruckus, news came out from the committee meeting.
Amidst all this, in January itself, JPC chairman Jagdambika Pal suspended 10 MPs from the committee meeting for the whole day. These included Kalyan Banerjee, Mohammad Javed, A Raja, Asaduddin Owaisi, Nasir Hussain, Mohibullah, M Abdullah, Arvind Sawant, Nadimul Haque, and Imran Masood.
The suspended MPs wrote a letter to the Lok Sabha speaker and accused the JPC chairman of ignoring their words. He said that a demand was also made to cancel the 27th meeting of the JPC. But Jagdambika Pal did not even respond to it. During this, DMK MP A. Raja told the media that the JPC chairman was acting arbitrarily. At the same time, Kalyan Banerjee even called Jagadambika Pal a puppet.
3. Waqf Amendment Bill passed by a majority in JPC
On January 29, news came that the Parliamentary Committee approved the Waqf Amendment Bill by a margin of 15-11 votes. After reviewing the Waqf Bill, the committee released a 655-page report. It was later submitted to Lok Sabha Speaker Om Birla. Committee Chairman Jagadambika Pal said that many amendments made in the bill have addressed the concerns of the opposition. He said that when this bill is passed, it will help the Waqf Board to do its work transparently and effectively. He also said that for the first time under this bill, Pasmanda Muslims (who belong to backward classes), poor, women, and orphans have been included as the beneficiaries of Waqf.
However, after the approval, opposition members criticized the bill and called it unconstitutional. They say that this bill gives the government the right to interfere in the religious matters of Muslims, which will endanger the existence of the Waqf Board.
Opposition MPs called the process undemocratic. They also alleged that they were given very little time to study the final report and express their disagreement. Also, MPs of opposition parties, such as Congress, DMK, TMC, AAP and AIMIM, sharply criticized the bill. Some opposition MPs have registered their disagreement, while others were taking time till 4 pm to do so.
4. What important changes did the JPC make in the bill
(i). Not everyone will be able to 'waqf' their property
An important change in the bill is that the clause of the user by waqf has been removed, and it has been clarified that cases related to waqf property will no longer be opened retrospectively, unless they are disputed or are government property. Apart from this, the inclusion of non-Muslims in the Waqf Boards has been supported, so that they can become interested in waqf matters or parties to disputes.
(ii). Nomination of non-Muslim, women members in Waqf Board
The bill has made several important changes in the functioning of Waqf Boards, such as now it is proposed to nominate non-Muslim and at least two women members in the board. Apart from this, the Central Waqf Council will have a Union Minister, three MPs, two former judges, four persons of 'national repute' and senior government officials, none of whom will belong to the Islamic religion.
(iii). Power of investigation to a government official
Let us tell you that in the bill which was introduced in August 2024, the District Collector was given the power to investigate in cases of disputes related to Waqf. However, the JPC agreed to abolish the power of the District Collector and now proposed to give the state government the right to nominate a senior officer to investigate these cases.
(iv). Registration of Waqf property in the central database
The bill requires the information of every Waqf property registered under the existing law to be given in the central database within six months after the implementation of the Act. Not only this, any government property in the database will be marked with the District Magistrate, who will be able to investigate the issue later. This amendment included in the bill states that if the Waqf property is not put in the central portal, then the right to go to court in case of encroachment or dispute on Waqf land will end.
However, another approved amendment will now give the Mutawalli (caretaker) the right to extend the period for registration in certain situations after the satisfaction of the Waqf Tribunal in the state.
(v). The decision of the tribunal will not be final
Under the Waqf Act, of 1995, the Waqf Tribunal was given the freedom to work like a civil court. Its decision was considered final and acceptable. These could not be challenged in any civil court. In such a situation, the power of the Waqf Tribunal was considered above the civil court. However, now the method of formation of the Waqf Tribunal is also being changed in the bill. It says that the Waqf Tribunal will have a District Judge and a Joint Secretary rank state government officer will be associated as a member. The Waqf Amendment Bill states that the decision of the tribunal will not be final and it can be challenged in the High Court.
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