Cabinet Approves Waqf Bill for Parliamentary Tabling

The Union Cabinet has approved amendments to the contentious Waqf (Amendment) Bill, sources informed NDTV on Thursday morning. Out of the 23 modifications suggested by a joint parliamentary committee (JPC) – which reviewed the bill after it was referred in August – the Cabinet accepted 14 during a meeting last week.

The revised bill is expected to be tabled when the House reconvenes on March 10.

Waqf bill report tabled in Parliament, Opposition walks out in protest. File Photo/PTI

The JPC submitted its report on February 13, sparking controversy after opposition MPs on the panel alleged that parts of their dissent notes were missing from the final document.

While the Centre dismissed the allegations, it maintained that JPC chairman, BJP’s Jagadambika Pal, had the authority to omit sections that cast "aspersions" on the committee. However, following discussions between Lok Sabha Speaker Om Birla, Parliamentary Affairs Minister Kiren Rijiju, and protesting opposition MPs, it was decided that the dissent notes would be restored in their entirety.

The report’s submission followed a prolonged dispute between the opposition and the BJP over the committee’s functioning. Mr. Pal was accused of bias and of expediting the bill’s passage without adequate consultation.

Opposition MPs had also written to Lok Sabha Speaker Om Birla, accusing Mr. Pal of attempting to push the Waqf Bill through the House hastily, allegedly with the upcoming February 5 Delhi elections in mind—an election that the BJP ultimately won.

However, the BJP had denied those claims, with panel member and Lok Sabha MP Aparajita Sarangi stating that Mr. Pal "tried to hear everybody out and gave sufficient time for everybody to move amendments..."

Over the past six months, the JPC conducted nearly three dozen hearings, though many descended into chaos, with at least one escalating into physical violence. This occurred when Trinamool MP Kalyan Banerjee smashed a glass bottle on the table, alleging provocation by BJP's Abhijit Gangopadhyay.

Ultimately, 66 amendments were proposed, but all 44 put forward by the opposition were rejected, sparking further disputes. Meanwhile, the 23 suggestions from the BJP and its allies were accepted, and following a vote, 14 were approved.

The JPC comprised 16 MPs from the BJP and its allies, while the opposition had only 10 members.

JPC Modifications to the Waqf Bill

These 14 amendments introduce key distinctions, including differentiating between the two mandatory non-Muslim members—outlined in the original bill draft—and the nominated ex-officio members, who may be either Muslim or non-Muslim.

As a result, waqf councils, whether at the state or national level, will include at least two non-Muslim members, with the possibility of more if nominated ex-officio members also belong to other faiths.

Another significant change assigns the responsibility of determining whether a property qualifies as ‘waqf’ to an officer nominated by the respective state, whereas the original draft entrusted this decision to the District Collector.

Additionally, the revised law will not apply retroactively, provided the property in question is already registered. However, Congress leader and JPC member Imran Masood raised concerns, pointing out that an estimated 90 percent of waqf properties remain unregistered.

What the Waqf Bill Stated

The draft bill underwent 44 changes, primarily affecting the regulations governing central and state Waqf boards, which oversee the management of Muslim charitable properties in the country.

Among the proposed amendments was the inclusion of non-Muslim members and at least two women in every Waqf Board. Additionally, the central Waqf Council would include a Union Minister, three MPs, and four individuals of 'national repute.' These changes sparked strong opposition protests.

Another contentious proposal sought to restrict donations to those made by Muslims who had been practicing for at least five years, leading to a dispute over the definition of a 'practicing Muslim.'

A further amendment transferred the authority to determine whether a property qualifies as 'waqf' from the District Collector to an officer appointed by the respective state.

Additionally, the revised rules prohibited the Waqf Council from claiming land.

Government vs Opposition On Waqf Bill

Sources informed NDTV last year that the initiative aims to empower Muslim women and children who had "suffered" under the previous law. However, critics, including opposition leaders such as the Congress' KC Venugopal, argue that it represents a "direct attack on freedom of religion."

AIMIM chief Asaduddin Owaisi, a staunch opponent of the bill, along with the DMK's Kanimozhi, have also voiced their objections, asserting that it infringes upon multiple constitutional provisions, including Article 15 (the right to practice one's religion) and Article 30 (the right of minority communities to establish and manage their educational institutions).

(This Article was originally published by NDTV)