Kumkum Chaddha
Kumkum ChaddhaSource: Punjab Kesari

Now Waqf To Take Its Stand

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After a long and intense debate in both houses of the Indian Parliament, President Droupadi Murmu has signed the Waqf 'Amendment Bill 2025'. With this, the bill has now formally become law. The following Parliament Act received the assent of the President on 5th April 2025 and is hereby notified for general information.

However, the process was not so smooth. There were loud voices and excitement during the debate on this bill. While the Lok Sabha debated the bill for 12 hours, the debate in the Rajya Sabha lasted for 14 hours. In the Rajya Sabha, 128 members voted in favour of the bill and 95 against it. The voting figures in the Lok Sabha were as follows, 288 in favor and 232 in opposition. The Lok Sabha being passed by such a small margin shows that the opposition remained united against the controversial legislation," he said.

Waqf properties include mosques, madrassas, asylum homes and thousands of acres of land donated by Muslims. These are managed by the Wakf Boards. According to the tradition of Islam, waqf is a religious or charitable donation given by Muslims for the welfare of the community. They are considered to be God's property and cannot be sold or used for any other purpose.

Counted among the largest landowners in India, the number of Waqf properties is around 872351 across the country, spread over more than 940000 acres of land and are estimated to be worth trillions of rupees. While the government has been defending the bill by prohibiting misuse of Waqf properties and in the interest of the Muslim community, the opposition has termed it unconstitutional and discriminatory.

Some critics have even said that the bill is 'demonising the Muslim community'. Some called it a "death blow" and an open attempt to eliminate minorities and said it was an attempt to take away their autonomy.

While many admitted that there was rampant misuse of Waqf properties, they believed that the BJP government's ill-intentions far outweighed these genuine concerns. So while the Muslim community is unanimous in the need for reform, they are not sure that it will be any real reform under the government, because to them this regime seems anti-Muslim. They refer to several discriminatory moves to reinforce this, such as abolishing academic scholarships, the fictional narrative of 'love jihad', bulldozer justice, economic boycott of Muslims, and the making of films that spread hatred and polarization between communities. If Muslim sentiment is taken as the basis, then the larger scenario is of the deliberate and systematic spread of hatred in the nation.

It is in the backdrop of these circumstances that the Wakf Bill, which has now become a law, is being considered as a malafide step aimed at destroying the administrative autonomy of the Wakf lands and more importantly the Muslim Wakf Boards.

The Muslim community considers these amendments to be contrary to the spirit of reform. On the contrary, these amendments further increase the distrust and reinforce the perception that the BJP government is targeting them. According to the interpretation of Muslims, the purpose of these amendments is to ensure that waqf lands do not remain in the hands of the boards and the government has the final authority over them.

While these fears can be called exaggerated, Muslim MPs and political parties are giving credence to this ideology and preparing to challenge the government at both legal and social levels. The bill is already facing a challenge in the Supreme Court, where Congress MP Mohammad Javed and All India Majlis-e-Ittehadul Muslimeen president Asaduddin Owaisi have questioned its constitutional validity through separate petitions.

Since the passage of this bill, the Muslim community has taken to the streets. The All India Muslim Personal Law Board (AIMPLB) has announced that it will launch a nationwide agitation against the amendments if they are not repealed in its entirety. People took to the streets in Ahmedabad, Kolkata and Lucknow.

In Bihar, Janata Dal (United) members resigned in protest against the party's role in supporting the bill. True to his style, Uttar Pradesh Chief Minister Yogi Adityanath has announced that the government will confiscate properties "illegally acquired" by the Waqf boards. If reports are to be believed, district magistrates have been directed to identify such properties and initiate the process of confiscation of them.

Sentiments have intensified and the government's approach to reform has been lost somewhere in the noise. However, the government has an edge on the strength of its parliamentary numbers and now that the Bill has also received the assent of the President, Union Minister Amit Shah's words seem to be true. This bill will be passed in Parliament and will be applicable to all, every citizen will have to follow it.

In such a situation, it would be appropriate to raise the question, whether it is only opposition to the bill or opposition to every step of the government. Is it a matter of logic or mere provocation, is it a case of blind eye-washing, even if there is rampant misuse, corruption and encroachment in the name of Waqf and when the Muslims themselves believe that Waqf properties are being misused, then why protest? Given the lack of trust, it is natural for Muslims to feel insecure and see these amendments as mere lip service. However, the government's steps like digitizing waqf properties, strengthening the process of documentation and including women in waqf boards are commendable. On the contrary, the appointment of non-Muslims in the Waqf Boards, allowing judicial intervention in Waqf disputes, whereas earlier the decision of the Waqf Tribunal was considered final and the increasing role of the government in the survey of Waqf properties are all issues of dispute.

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