Daijiworld Media Network – New Delhi

New Delhi, Apr 2: Trinamool Congress (TMC) MP Kalyan Banerjee on Wednesday strongly opposed the Waqf (Amendment) Bill in the Lok Sabha, calling it a violation of constitutional rights and an infringement on state legislative powers.

Banerjee argued that the bill directly breaches Article 26 of the Constitution by restricting the Muslim community’s right to manage its religious affairs. “This is a clear encroachment on religious freedom,” he said, stressing that Parliament was overstepping its jurisdiction on waqf matters, which fall under the State List.

Criticizing a provision allowing officers above the rank of district magistrate to adjudicate disputes over government property, Banerjee questioned, “How can a person be the judge of his own cause?”

He also took issue with the bill’s proposal to establish waqf boards based on sects and sub-sects, including Agakhani and Bohra waqfs. Calling it a divisive move, he alleged that the ruling party’s “intentions were not in good faith.”

Another contentious clause in the bill requires an individual to have “practised Islam for at least five years” before being allowed to donate property as waqf. Banerjee called this an unfair restriction, pointing out that no other religion imposes such conditions on religious donations.

Highlighting the historical significance of waqf contributions, he cited the example of the mosque near Parliament, stating that a Hindu donor had once gifted land in the Raisina Hills area for namaz.

The TMC leader also condemned the removal of Section 40 of the Waqf Act, 1995, which had empowered waqf boards and tribunals to declare land as waqf property. He warned that stripping these powers would render the waqf boards ineffective, saying, “If this is the case, why have waqf boards at all? The minister will hold all the power.”

The bill continues to spark heated debate, with opposition parties demanding key amendments before it is passed.