Joint Parliamentary Committee Approves 14 Key Changes to Waqf Amendment Bill Amid Controversy:

The draft Waqf Amendment Bill received 14 important changes following a Joint Parliamentary Committee decision that occurred after the Lok Sabha first introduced the bill back in August last year. The proposed bill of 44 controversial changes to waqf property management faces resistance throughout political domains as well as across social communities.

Waqf councils will modify their membership structure while authorities will determine real estate classification under this bill which also establishes official jurisdiction over registered properties. People view the reform legislation as intensely controversial since it requires adjustments that threaten religious freedoms and constitutional rights.

The newly approved amendments received committee approval.

1. Inclusion of Non-Muslim Members on Waqf Councils

Under the original draft non-Muslims needed two representatives on both state level and national level waqf councils. Following review by the committee two non-Muslim mandatory members received distinct classification as different from state-level nominated ex-officio members who can either be Muslim or non-Muslim.

Depending on ex-officio member affiliations the number of non-Muslim members on waqf councils can exceed two. The modified rules face criticism because observers believe they erase specific religious qualities from waqf institutions.

2. Decision on Waqf Property Status Transferred to State Officers

A new law provides decision-making authority for property waqf status determination to state government-designated officials who replace the former authority of the District Collector.

Flexible decision authority through this realignment encourages more input but it also creates a chance for unscrupulous political manipulation of waqf property designations.

3. Non-Retrospective Application of the Law

According to new language in the bill any changes made to waqf laws will not impact properties already recorded under this system. However, Congress leader and JPC member Imran Masood flagged a critical concern: Research indicates that only 10% of waqf properties hold registered status. Without proper registration these properties will become susceptible to legal challenges arising specifically from the modified law.

4. Criteria for Donating Property as Waqf

Under a proposal originally suggested by BJP MP Tejasvi Surya, land donors must establish five years of Islamic faith practice in order to donate property as waqf. Donors must file a declaration that expresses no illegal schemes participated in their property dedication process.

The religious donation requirement draws criticism which emphasized its complexity of regulation together with how it creates doubts concerning donor genuineness.

Opposition’s Concerns and Rejected Proposals

In a vote of 10:16 the JPC endorsed the 14 amendment proposals brought forth by the governing party yet rejected completely the entire set of 44 amendments presented by MPs from the opposition bloc. The rejections occurred through a 10:All committee members cast their votes aligning with their party's direction following a final count of 16 to 10. This parliamentary standing committee includes sixteen MPs who represent BJP and associated parties and ten members from political blocs opposed to government policies.

Opposition's Key Concerns:

Constitutional Violations:
Opposition leaders, including AIMIM chief Asaduddin Owaisi and DMK MP Kanimozhi, argue that the changes violate several constitutional provisions, including:

Under Article 15 the law protects people against religious discrimination.
Article 30 provides minority groups the constitutional right to operate and administer their educational establishments.

Erosion of Religious Autonomy:
Owaisi and other critics see the proposed legislation as an open defiance of religious freedom because it allows non-Muslims onto waqf councils while imposing new donor conditions.

Potential Political Misuse:
The relocation of authorization to make property decisions from District Collectors to state-appointed representatives has met criticism concerning political manipulation of waqf property determinations.

Vulnerability of Unregistered Properties:
Accusations from the opposition state 90% of waqf properties lack registration which makes them prone to abuse under the new law framework.

Voting and Submission Deadlines

Sources reveal that the JPC will make their acceptance vote for 14 approved changes on January 29, 2025 while the final report must be submitted by January 31, 2025.

The committee had a November 29, 2024 deadline to present its report yet the government extended it to February 13, 2025 when the Budget Session concluded.

Government’s Justification for the Amendments

Sources among government officials explained these changes aim to support Muslim women they believe had difficulties before the current waqf legislation. Better transparency together with wider inclusivity within waqf management systems will deliver long-term advantages for all members of the community.

Opposition member Kalyan Banerjee from Trinamool Congress dismisses the government's justification by saying state involvement exceeds what is appropriate for religious management.

Critics Draw Parallels with Broader Issues in Religious Governance

The reforms have triggered discussions among India over how religion-based charitable entities should be regulated. Some observers fear the altered waqf laws might begin an expansion of government authority over religious organizations which will later affect other faith-based institutions.

Likewise other countries demonstrate religious charities maintain high levels of operational freedom which intensifies objections in India. Public allegations suggest weakened independence for religious organizations will diminish social trust and cause people to donate less money to religious purposes and charity programs.

Background: The 1995 Waqf Act

The 1995 Waqf Act controls 'auqaf' properties dedicated as waqf while establishing waqf boards responsible for their proper management. When an individual donates property for religious or charitable purposes they become known as 'wakif'.

The 1995 Waqf Act received its last amendment in 2013 which incorporated two key enhancements dedicated to improving waqf board accountability and protecting waqf properties. The present set of modifications significantly alter the foundational structure which existed in the original Act.