News Brief
Nishtha Anushree
Aug 08, 2024, 03:13 PM | Updated Aug 12, 2024, 12:00 PM IST
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Minority Affairs Minister Kiren Rijiju responded to the objections raised by the Opposition leaders on the introduction of Waqf Amendment Bill 2024 in Lok Sabha on Thursday (8 August).
He claimed that this Bill violates not a single clause of the Indian Constitution. He cited a Supreme Court ruling that the Waqf Board does not fall in the purview of Articles 25 and 26 of the Constitution.
Rijiju clarified that the Bill does not take away the rights of anyone, instead, it gives rights to those, who were deprived hitherto.
"This Bill is not presented in the House for the first time. After independence, this Act was brought first in 1954. Many amendments happened. We are bringing the amendment due to provisions put in 2013," he added.
"I want to tell the House, especially the Congress party, we are bringing the amendments to do what you could not," Rijiju said urging all members to support the Bill as it would uplift common Muslims.
"A 1976 Waqf Enquiry Report said that all Waqf Boards have been captured by mutawallis and something should be done for it. Audit and account management should be informed," the Minister said.
He added that two committees were formed by Congress for the welfare of Muslims. The Sachar Committee report says that the Waqf lands had the potential to generate Rs 12,000 crore but only Rs 162 crore was generated.
Rijiju read another recommendation of the Sachar Committee report that asks for a broad base of Waqf Board and having two women in the Central Waqf Council.
"Sachar Committee prioritises women and children. This is what our Bill is doing," Rijiju said quoting a Joint Parliamentary Committee (JPC) report which alleges that Waqf Boards are inefficient and mismanaged.
"Waqf Board should be computerised, data should be centralised and relooked at, the JPC report recommended. You should applaud use that what you could not do, we are doing," the Minister said.
Congress leader Rahul Gandhi walked out after this. Rijiju said that this is a sign of his agreement with us but he had to oppose it due to political pressure.
On the allegation that no wider consultations were done before bringing the Bill, the Minister said, "If Tribunal is wrong, then it is good that we are giving a provision to appeal in the court. How it is unconstitutional?"
"In a democracy, is it right to have an arrangement where the Tribunal's decision cannot be challenged? In our country, no special law can be super law, they cannot be above the Constitution," he added.
"We are removing a provision that did not have any law of limitation. Earlier, if anybody claimed any relation to any property, it was declared a Waqf property. This is the right time to rectify that mistake," he said.
The Narendra Modi government is removing Section 108 of the Waqf Act, the Minority Affairs Minister said adding that complaints in hundreds were received regarding illegal occupation of Waqf land.
"If a community dominates to crush smaller groups of Ahmediyas, Bohras and Aga Khanis, we will not sit quietly in this House. State Waqf Boards have been taken over by mafias," Rijiju claimed.
"We consulted at officials, political, state and individual-level nationwide. Minority Minister prior to me have done broad consultations. Active consultation process began in 2015 from Patna," he asserted.
Rijiju claimed to have discussions in Lucknow, Mumbai and Delhi with officers from Andhra Pradesh, Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Madhya Pradesh, Maharashtra, Telangana and Rajasthan.
He highlighted that people are angry with the Tribunal, especially from Ahmediya and Bohra communities as decisions have been given against them by citing examples.
"In Tiruchirapalli, a 1,500-year-old temple is in a village. This village was declared Waqf property. Don't see religion in this. Don't see whether it is Tamil Nadu or Uttar Pradesh. Are you not worried over this?" he said.
"The headquarters of Surat Municipal Corporation have been declared a Waqf land. Municipal property cannot be claimed a Waqf property," Rijiju said adding another example from Karnataka.
"In 2012, Karnataka state minority commission report claimed that Waqf board converted 29,000 acres of land into commercial purposes," he said adding about another case of a woman from Lucknow.
"If amendment is not done now, then women and children will not get property after the husband passes away. Should this not be amended?" Rijiju questioned.
"In 2013, anybody was allowed to declare Waqf. We are changing it to allow only Muslims to do so," the Minister explained and said the powers are given to Collector because he/she has Revenue records.
He highlighted the provisions to use technology in operations of the Waqf Board with continuous oversight of the Minority Affairs Minister and to ensure accountability of mutawallis.
"Muslim women and backward classes among Muslims will also be given representation... The income from Waqf property will be used only for the welfare of the Muslim community, especially backward women," he said.
Nishtha Anushree is Senior Sub-editor at Swarajya. She tweets at @nishthaanushree.