Kiren Rijiju tables Waqf Bill in Rajya Sabha after Lok Sabha passes it

The Waqf (Amendment) Bill has been drafted with the intention to strengthen the Waqf Boards and ensure that the rights of women, children and the deprived sections are protected, Union minister Kiren Rijiju said while introducing the Bill in Rajya Sabha on Thursday.

The Bill was passed in the Lok Sabha late on Wednesday, with 288 members voting in favour of it and 232 voting against.

Pointing out that the new bill, to be known as UMEED (Unified Waqf Management Empowerment Efficiency and Development), the minister said, “The bill is a new dawn. It was brought with a good intention. It will now be called Umeed (meaning ‘hope’), and no one should have a problem with that.”

Rijiju slammed the former Congress-led United Progressive Alliance government for transferring 123 “prime properties” in the national capital to the Waqf Board, even as the case was sub judice. Taking a jibe at the opposition, he said, “Some people say even Parliament is on Waqf property...had the government continued, there would have been a threat (to Parliament as well).”

“Just ahead of the (Lok Sabha) polls when the model code of conduct was about to be implemented, on March 5, 2014, the UPA govt de-notified 123 prime properties and handed them over to Delhi Waqf Board. These properties were of the housing and urban affairs ministry,” he said. Criticising the move, he said the 2013 amendment allowed anyone to create a Waqf.

“Our government changed it and now only Muslims practising for more than 5 years can create Waqf,” he said.

While the Opposition has accused the government of impinging on the rights of minorities by amending the Bill, the minister said the allegations of interference in religious affairs are false, stressing that the bill includes recommendations to strengthen the Waqf Board, made by at least three committees including the most recent Sachar Committee that was set up to prepare a report on the social, economic and educational status of the Muslims in India.

“In 1976, when the Waqf Inquiry Report was presented, who had constituted that committee? It was the Congress government that formed it and set up the inquiry commission... The inquiry committee pointed out that Mutawallis were misusing their authority and power and proposed measures to improve the functioning of Waqf properties,” Rijiju said, underlining the need to amend the Bill.

He further said that in 1894, the Privy Council passed an order invalidating Waqf-al-Aulad — a type of Waqf created for children, which later became a major issue — and a large section of the Muslim community had to protest and appeal to the British government.

“...As a result, in 1913, the Muslim Waqf Validation Act was formally introduced as law for the first time in this country. Then, in 1930, the Muslim Waqf Validation Act was passed, reinforcing the legal validity of Waqfs. This is how it all began. After independence, several legal changes were made. It was also mandated that for Waqfs with an income exceeding ₹5 lakh, an executive officer must be appointed...” the minister said.

He pointed out that even the Sachar Committee noted that only ₹163 crore per annum was being generated from the vast expanse of assets controlled by the Waqf Board. The committee, he said, noted that property worth ₹4.9 lakh, if efficiently managed, would have generated about ₹12,000 crore.

“All major recommendations by these three committees are included in the bill, and these were all set up by the Congress and the UPA government...the Modi government is only doing what the previous governments did not,” Rijiju said.

Lashing out at the Opposition for alleging that the Bill violates the rights of Muslims, the minister said, “...Many claimed the steps are unconstitutional and the rights of Muslims are being snatched. But we refute all these allegations. The beneficiaries of the Waqf properties management and creation will always be Muslims. There will be no interference by non-Muslims.”

The amended Bill, which includes recommendations of a joint parliamentary committee, has provisions for transparency, efficiency and accountability, he said.

“...We are not hurting anyone’s religious sentiments,” he said.

Also Read: Lok Sabha passes Waqf bill as NDA, Oppn spar in stormy debate

The minister also cited a bunch of court orders on the role of Waqf Boards, including one by the Kerala high court that said Waqf is a statutory body not a representative body of the community and an Allahabad HC order that said Muttawali is not a proprietary right, and their duties are of secular character not religious.

He said the amended bill has taken care to ensure representation of different sects, such as the Shias and the Bohras.

“Development of Waqf properties is important...a lot of people say after defence and railways, they (Waqf) have the largest land parcels. But it is the number one owner of land in India, because the other two are not private property,” he said.

Underlining the need for regulation, he cited the case of 600 Christian families in Kerala who claim to have lost their land. “This case is known as the Munambam case, and the Waqf Board has claimed their land. These families had nowhere to go and were left wandering in distress. Because of this, the Catholic Bishop Council, along with various Christian organisations in Delhi and other places, have submitted a memorandum to us,” he said.