The Muslim organisations and Opposition parties have termed the Union government’s proposed Bill to amend the Waqf Act 1995 as “unacceptable.”
A waqf is a property given for a religious, educational or charitable cause by Muslims. In India, waqfs are governed under the Waqf Act. Each state has a Waqf Board led by a legal entity, who is vested with the power to acquire, hold and transfer a property. The Wakf Act 1995 was aimed at better administration of ‘auqaf’ (assets donated and notified as waqf).
Reports say that the Union government is all set to introduce the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995 in the Parliament this week to amend the Waqf Act 1995.
The proposed Bill which was circulated among Lok Sabha members of parliament on Wednesday, “omits Section 40 relating to the powers of Board to decide if a property is waqf property.”
The proposed Bill will also speaks about “representation of Muslim and non-Muslims” in Central Waqf Council and the State Waqf Boards.
The All India Muslim Personal Law Board released a statement on Sunday saying it “deems it necessary to make it clear that any change to the Act that alters the nature of waqf properties or makes it easier for the government or any individual to usurp the same will not be acceptable.”
“Likewise, reducing or restricting the powers of waqf boards will not be tolerated,” said the statement.
“The Board considers it important to clarify that waqf properties are donations made by Muslim philanthropists dedicated to religious and charitable purposes; the government has enacted the Wakf Act only to regulate them,” read the statement. The Board further said that the Wakf Act and waqf properties are protected by the Constitution of India and Shariat Application Act, 1937.
“Therefore, the government cannot make any amendment that would change and alter the nature and status of these properties,” it said.
The Board also “strongly appealed to the allies of the NDA and other Opposition parties to reject any such move in Parliament.”
All India Majlis-e-Ittehadul Muslimeen chief Asaduddin Owaisi also said that amending the Act would trample upon the freedom of religion and that the move was intended to grab waqf properties from Muslims.
Further, he also questioned why the details of the amendment bill were leaked to the media before it was circulated in Parliament.
“The Central government is acting against parliamentary supremacy and privileges and informing the media, and not informing Parliament about such a bill,” Owaisi was quoted as saying by The Hindu.
Samajwadi Party chief Akhilesh Yadav on Monday said that his party will oppose the Union government’s move to curb the powers of the Waqf Board. “BJP has no work except Hindu-Muslim or how to snatch the rights of Muslim brothers. The rights they have got, the right to freedom or the right to follow their religion, and the right to maintain their working system. We will oppose it,” the former UP chief minister said.
Congress leader Naseem Khan also said that the move threatens parliamentary procedures.
“The rules of the Waqf Board are very clear,” said Khan. “Once a Waqf, always Waqf. It means Waqf Board made by Parliament cannot be modified by Parliament. This shows BJP’s real respect for the Indian Constitution and democracy.”
