A nation-gripping debate on Waqf (Amendment) Bill, 2024, introduced by Minority Affairs Minister Kiren Rijiju in the Indian Parliament, was seen. The bill proposes radical changes in Waqf property administration, including non-Muslim members in Waqf boards and granting powers to district collectors to decide property disputes.

These changes have been in the eye of mass controversy as the opposition believes that these are an invasion of the rights of the Muslim population. The Hyderabad MP Asaduddin Owaisi's theatrics of tearing the bill to pieces in the Lok Sabha, likening it to that of Mahatma Gandhi's protest against oppressive law, was one of the prime points of the controversies

Understanding Waqf and Its Importance

Waqf is a donation made by an Islamic person to God in the manner of transferring a part of his or her property so that it is utilized for religious or social purposes, its dividend presented to society forever. Waqf properties in India encompass diversified assets ranging from mosques and cemeteries to orphanages and schools. More than 872,000 Waqf properties, covering a total area of around 405,000 hectares of land worth around $14.22 billion have been reported to be occupied. They are governed and managed by the Waqf boards under the Waqf Act of 1995.

Main Provisions of the Waqf (Amendment) Bill, 2024

The amendments introduce some drastic changes in the original Waqf Act:

• Additional Non-Muslim Members: The bill requires that non-Muslim members have to be included on the Central Waqf Council and state Waqf boards. Opponents feel that these membership can take away autonomy from such religious bodies.

• Power of District Collectors: District collectors are given the power to adjudicate the Waqf properties in the event of disputes, which is otherwise a discretionary power vested in Waqf tribunals. This has been contested as it concerns encroachment on the judiciary and judicial independence.

• Compulsory Registration and Documentation: The new amendments mandate registration of all Waqf properties with the office of the district collector and mandate a valid Waqfnama (deed) to be recognized. The initiative is for greater transparency but has been reproached for being likely to overlook historically valuable properties that do not have formal documentation.

• Audit Provisions: Authority to appoint Waqf properties auditors appointed by the Comptroller and Auditor General of India has been vested with the central government as part of this trend towards more accountability.

Asaduddin Owaisi's Opposition

Asaduddin Owaisi, AIMIM chief, criticized the bill. Owaisi in parliament called the bill discriminatory and unconstitutional and expressed that it is violative of Articles 14, 15, and 25 of the Indian Constitution guaranteeing equality before law, barring discrimination, and guaranteeing freedom of religion, respectively.

In a dramatic scene, similar to Mahatma Gandhi's satyagraha against repressive measure, Owaisi tore a copy of the bill in Lok Sabha, announcing, "Like Mahatma Gandhi, I rip this bill." He said that the bill is a genuine attack on religious life itself and transgresses the Muslim community's right over governing religious life.

Wider Opposition and Issues

The bill has found strong opposition from several quarters, including other political parties and Muslim groups. The opposition is of the view that admitting non-Muslim members in Waqf boards would undermine religious nature of these boards and provide a gateway to interference by external bodies in religious matters. They are also worried that conferring powers on district collectors to settle disputes related to Waqf properties may promote bureaucracy and even abuse of Waqf properties.

Moreover, the requirement of compulsory registration and documentary evidence of Waqf property has generated fear regarding the destiny of the majority of the old grants effected by way of oral statements or customary possession. Critics are apprehensive that such property runs the risk of suit or state expropriation.

Government's Justification

The government, through Minority Affairs Minister Kiren Rijiju, has also justified the bill, stating the suggested amendments are to fight corruption, enhance transparency, and bring inclusivity to Waqf institutions. The addition of non-Muslim members is suggested as an effort at board-diversification and improved governance. The transfer of powers to district collectors is also suggested as an effort at speeding up settlement of property disputes and issuing documents of Waqf assets.

Precedent and Historical Background

Handling religious endowments in India has been traditionally the sole responsibility of the respective religious communities concerned. Hindu religious trusts, for instance, are governed by boards of Hindus alone, and arrangements have therefore been made for other religious communities. Non-Muslim members in Waqf boards constitute a departure from this practice against the fear of homogeneity and justice in the handling of various religious communities.

Constitutional and Legal Implications

Constitutional analysts have listed potential constitutional grounds on which the bill will be contested. The Indian Constitution under Article 26 allows religious denominations to set up institutions for religious or charitable purposes, manage their affairs, and own property.