**Demonise Minority Communities: Congress Ahead of Waqf Bill’s Introduction in Parliament**
The Waqf (Amendment) Bill, 2024, set to be introduced in Parliament next week, has sparked controversy, with the Congress accusing the BJP of using it as a tool to demonise minority communities and alter centuries-old legal frameworks. Congress General Secretary Jairam Ramesh, in a strongly worded statement, alleged that the Bill was part of a broader strategy to weaken constitutional protections, defame minority traditions, and fuel polarisation for electoral gains.
The Bill, which has been approved by the Union Cabinet, incorporates amendments recommended by a Joint Parliamentary Committee (JPC). However, opposition parties, including Congress, have rejected the JPC report, arguing that it was bulldozed through without proper discussion. The opposition claims the changes undermine institutions established to administer Waqf properties, weaken the rights of donors, and introduce ambiguity in land donations, fundamentally altering the definition of Waqf itself.
A particularly contentious aspect is the abolition of the “Waqf by User” concept, which has historically recognised properties as Waqf based on long-term customary usage. The Bill now limits Waqf recognition to existing registered properties, excluding disputed lands or those claimed by the government. Critics argue that this provision effectively nullifies decades of legal precedent and could lead to widespread de-recognition of Waqf lands.
Another major change is the transfer of authority over Waqf disputes from district collectors to senior state government officers, a move that Congress claims will enable political interference. Opposition leaders fear that these officials could arbitrarily de-recognise Waqf properties based on mere allegations, stripping communities of their rights without due process. The Bill also removes existing legal safeguards while enhancing protections for encroachers, raising concerns that Waqf lands could be systematically appropriated.
The JPC’s report, spanning 655 pages, was submitted to both Houses of Parliament earlier this month. While the panel adopted the report with a majority vote, all 11 opposition MPs on the committee objected, filing dissent notes. The NDA government, however, remains in a strong position to pass the Bill, holding 293 of the 543 Lok Sabha seats. Amendments proposed by NDA members were approved in January, with allies like TDP and JDU backing the revised version, indicating their alignment with the BJP’s agenda.
One significant amendment introduces non-Muslim representation in Waqf boards, allowing up to four non-Muslim members to be appointed. Additionally, the inclusion of a member from the Muslim OBC community has been mandated to ensure broader representation. Proponents argue that these changes will make Waqf boards more inclusive and accountable, but critics view them as an attempt to dilute Muslim representation in Waqf administration.
The Congress and other opposition parties have vowed to resist the Bill, calling it an attack on India’s secular fabric. “This is an assault on the Constitution itself,” Ramesh said, accusing the BJP of systematically targeting minority institutions. The government, however, insists that the Bill is aimed at modernising the Waqf system by introducing stricter regulations for registration and monitoring of properties.
With the BJP’s comfortable majority in the Lok Sabha, the Bill is likely to be passed despite opposition resistance. However, given the political and social sensitivities surrounding Waqf matters, the debate is expected to be intense, further deepening divisions between the ruling party and the opposition.
Congress statement said:
“The Waqf (Amendment) Bill, 2024 is part of the BJP’s strategy and continuing attempts to
• damage the centuries-old bonds of social harmony in our uniquely multi-religious society.
• demonise minority communities by spreading false propaganda and creating prejudices.
• dilute Constitutional provisions that guarantee equal rights and protections to all citizens, regardless of religion;
• defame traditions and institutions of minority communities to keep our society in a state of permanent polarization for electoral gains;
Specifically, the Waqf (Amendment) Bill, 2024 is deeply flawed for the following five reasons:
1. All the institutions created by previous laws to administer waqfs (national council, state boards and tribunals are actively sought to be reduced in stature, composition and authority so as to deliberately deprive the community the right to administer its own religious traditions and affairs.
2. Deliberate ambiguity has been introduced for determining who can donate their land for waqf purposes thus altering the very definition of waqf itself.
3. The waqf-by-user concept developed by the nation’s judiciary on the basis of long, continued and uninterrupted customary usage is being abolished.
4. Provisions in the existing law are being removed without any reason just to weaken the administration of the waqf. Enhanced defences are now being introduced in the law to protect those who have encroached on waqf lands.
5. Far-reaching powers have been given to the Collector and other designated state government officers on matters related to disputes concerning waqf properties as well as their registration. Officers of the state governments will now have the powers to derecognize any waqf on anyone’s complaint or on a mere allegation of the waqf property being a government property till a final decision is taken.“
