Waqf (Amendment) bill assault on constitution, slams Congress
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New Delhi: The Congress Sunday termed the Waqf (Amendment) Bill an "assault" on the Constitution and alleged the proposed legislation was part of the BJP's "continuing attempts to damage" the centuries-old bonds of social harmony.
It is also part of the BJP's attempts to "demonise minority communities" by spreading propaganda and creating prejudices, the opposition party alleged.
Congress general secretary in charge of communications Jairam Ramesh said the Waqf (Amendment) Bill, 2024, is "deeply flawed".
"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," he said in a statement.
He alleged that the bill is aimed at diluting constitutional provisions that guarantee equal rights and protection to all citizens, regardless of religion.
It is part of the BJP's strategy and continuing attempts to "defame traditions and institutions of minority communities to keep our society in a state of permanent polarisation for electoral gains", the Congress leader alleged.
He claimed the proposed legislation is deeply flawed for five reasons.
Ramesh claimed that the institutions established by previous laws to manage Waqfs have been deliberately weakened, with their authority, composition, and stature being diminished, thereby denying the community its right to manage its own religious affairs and traditions.
"Deliberate ambiguity has been introduced for determining who can donate their land for waqf purposes, thus altering the very definition of waqf itself," he said.
Ramesh alleged that the "waqf-by-user" concept is being abolished. This concept was developed by India's judiciary based on long-standing customary usage, allowing users to manage waqf properties. He claimed that provisions in existing laws are being removed without justification, weakening waqf administration. Furthermore, Ramesh stated that enhanced defences are being introduced to protect those who have encroached on waqf lands.
He claims that the collector and other state government officers now have extensive powers to handle disputes related to waqf properties and their registration. These officers can derecognise any waqf based on a single complaint or allegation that the property belongs to the government until a final decision is made.
"It bears recall that a 428-page report was literally bulldozed through the JPC without it ever having gone through a detailed clause-by-clause discussion. It thus violates all parliamentary practices," Ramesh said.
"Most fundamentally, the Waqf (Amendment) Bill, 2024, is an assault on the Constitution of India itself," the Congress leader asserted.
Parliament's joint committee has submitted its 655-page report on the Waqf (Amendment) Bill, suggesting several amendments after multiple sittings and hearings. Opposition members disagreed with the report and submitted dissent notes. The bill, introduced by Union Minority Affairs Minister Kiren Rijiju, aims to amend the Waqf Act of 1995 and proposes changes to Waqf governance and management, including the composition of the Central Waqf Council and Waqf Boards. Its passage in Parliament's ongoing budget session is speculated, amid concerns from the opposition that the bill infringes on the rights of Muslims to manage their own religious affairs.
(inputs from PTI)