Daijiworld Media Network - New Delhi

New Delhi, Apr 4: India’s Parliament has passed the contentious Waqf (Amendment) Bill, 2024, following hours of heated debate and widespread protests from opposition parties and Muslim leaders, who have termed the legislation ‘unconstitutional’ and an attack on minority rights.

The Rajya Sabha cleared the bill early Friday, a day after it sailed through the Lok Sabha with 288 votes in favour and 232 against. The bill now awaits the President’s assent to become law.

Prime Minister Narendra Modi hailed the development as a "watershed moment", stating that the legislation would usher in transparency and accountability in the management of waqf properties — assets donated by Muslims for charitable or religious purposes. “For decades, the waqf system has lacked transparency. This bill will change that and safeguard people’s rights,” he said in a post on X.

However, critics argue the bill is a veiled attempt by the BJP government to exert more control over waqf properties, which are vital to the country’s Muslim community. These properties — including mosques, madrassas, graveyards, and orphanages — are traditionally governed by Muslim-led state waqf boards under the Waqf Act of 1995.

Opposition leader Mallikarjun Kharge said the bill was pushed through “arbitrarily” despite substantial resistance. “The close vote margin shows how divided the house was. Yet the bill was rammed through,” he posted on X.

AIMIM president and MP Asaduddin Owaisi, one of the most vocal opponents, has already challenged the bill in the Supreme Court. “This bill is a direct attack on the rights and autonomy of the Muslim community,” he said.

The Waqf (Amendment) Bill, 2024 introduces several significant changes:
• Valid documentation is now required to classify a property as waqf, putting oral or customary donations at risk of rejection.
• Final authority on disputed properties—particularly those overlapping with government land—rests with the government, not waqf tribunals.
• Non-Muslims can now be appointed to waqf boards and tribunals.
• Tribunal decisions are now open to judicial review, a departure from the previous system where they were final.
• A centralised digital registration system will be created, and all waqf properties must be registered within six months of the law's implementation.
• The government will play a more prominent role in surveying and monitoring waqf properties.

Muslim leaders have warned that the amendments could lead to disenfranchisement and dispossession, as many waqf properties historically lack formal documentation.

The Congress and other opposition parties have accused the BJP of pushing the bill ahead of the upcoming general elections to polarise voters. Meanwhile, CPI(M) and other secular parties have joined calls for the bill’s withdrawal, citing concerns of constitutional infringement and minority disempowerment.

With legal and political battles now intensifying, all eyes are on the Supreme Court and the upcoming presidential assent to see how this sensitive issue unfolds.