Priyanka Tiwari
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On Sunday, the Congress party labeled the Waqf (Amendment) Bill, 2024, as an "assault" on the Constitution of India, accusing the Bharatiya Janata Party (BJP) of attempting to disrupt the long-standing social harmony that binds the country’s diverse communities. Congress further claimed that the proposed legislation is a part of the BJP's ongoing efforts to demonize minority communities through spreading false propaganda and cultivating prejudice.
Congress General Secretary in-charge Communications, Jairam Ramesh, criticized the Waqf (Amendment) Bill, 2024, as fundamentally flawed, arguing that it is a part of a deliberate strategy by the BJP to damage the unique social fabric of India's multi-religious society. He expressed concerns about the bill’s potential to erode the rights guaranteed to all citizens under the Constitution.
BJP's Strategy to Divide Communities and Undermine Constitutional Rights
Ramesh accused the BJP of utilizing the bill to further its political agenda of "defaming traditions and institutions of minority communities" and fostering a climate of polarization for electoral gain. According to Ramesh, the bill’s provisions aim to undermine constitutional guarantees of equality and protection for all citizens, irrespective of their religion.
Ramesh explained that the bill's true purpose appears to be reducing the power and authority of institutions established under earlier Waqf laws, thereby depriving the minority community of its right to manage religious affairs. He emphasized that this could have devastating consequences for the community’s religious freedoms and institutional integrity.
Five Key Issues with the Waqf (Amendment) Bill, 2024
Jairam Ramesh outlined five main objections to the bill, citing concerns over its implications for Waqf institutions and the broader community.
Reduction of Waqf Institutions' Authority: Ramesh claimed that the bill seeks to diminish the power and scope of institutions created by previous laws, which were designed to help administer Waqf properties, thus weakening the community’s ability to manage its own religious institutions.
Ambiguity in Waqf Land Donation: The bill introduces ambiguity about who can donate land for Waqf purposes, fundamentally altering the definition of Waqf itself, Ramesh argued.
Abolition of Waqf-By-User Concept: Ramesh contended that the bill proposes the abolition of the Waqf-by-user concept, which had been established through judicial decisions based on long-standing customary practices.
Weakened Administration of Waqf Properties: Provisions in the existing law that were intended to safeguard the administration of Waqf properties are being removed without justification, he said. The new bill even proposes enhanced defenses for individuals who have encroached upon Waqf land.
Expanded State Powers in Waqf Disputes: The bill grants significant new powers to state government officers, enabling them to make critical decisions related to Waqf property disputes and registration. The officers will have the authority to derecognize Waqf properties based on complaints or even unsubstantiated allegations.
Congress Criticizes Parliamentary Process and Constitutional Threat
Ramesh also criticized the parliamentary process surrounding the bill, accusing the ruling government of bulldozing through the 428-page report of the Joint Parliamentary Committee (JPC) without due scrutiny. He argued that this approach violated established parliamentary norms and practices.
"Most fundamentally, the Waqf (Amendment) Bill, 2024, is an assault on the Constitution of India itself," Ramesh asserted, emphasizing that the bill's provisions threaten the constitutional framework designed to ensure equal rights and protection for all Indian citizens.
The Road Ahead: Waqf Bill's Fate in Parliament
These remarks came after the Joint Committee on the Waqf (Amendment) Bill submitted its report, with opposition members submitting dissent notes. Despite not yet being listed for discussion, there is speculation that the bill could be introduced for passage during the ongoing Budget Session of Parliament. The ruling BJP, which holds a majority in the 31-member panel, has backed several amendments to the bill, while opposition members have expressed strong disagreement with the report.
The bill was first introduced in the Lok Sabha on August 8, 2024, by Union Minister for Minority Affairs Kiren Rijiju. It has since been referred to the Joint Committee, which held several sittings before submitting its report.
