Waqf amendments an ‘assault’ on Constitution, says Congress

The Congress on Sunday dubbed the controversial Waqf law amendments as an “assault” on the Constitution, and that it attempts to “damage the centuries-old bonds of social harmony” in India.

The party’s communications head Jairam Ramesh, in a press statement, claimed that the legislation is “deeply flawed” and that it is part of the Bharatiya Janata Party’s strategy and continuing attempts to “demonise minority communities by spreading false propaganda and creating prejudices”.

“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 the statement.

Ramesh maintained that all the institutions created by previous laws to administer waqfs (national council, state boards and tribunals) are actively sought to be reduced in stature, composition and authority so as to deliberately “deprive the community the right to administer its own religious traditions and affairs”.

He claimed that “deliberate ambiguity” has been introduced in the legislation for determining who can donate their land for waqf purposes, thus altering the very definition of waqf itself.

“The waqf-by-user concept developed by the nation’s judiciary on the basis of long, continued and uninterrupted customary usage is being abolished. Provisions in the existing law are being removed without any reason just to weaken the administration of the waqf. Enhanced defences are now being introduced in the law to protect those who have encroached on waqf lands,” the statement said.

The Congress leader further pointed out that “far-reaching powers” have been given to the Collector and other designated state government officers on matters related to disputes concerning waqf properties as well as their registration. “Officers of the state governments will now have the powers to derecognize any waqf on anyone’s complaint or on a mere allegation of the waqf property being a government property till a final decision is taken,” he added.

Ramesh’s statements comes days after the Joint Parliamentary Committee (JPC) examining the amendments to the Waqf bill submitted its report to both Houses last month. The Lower House had formed the 31-member panel on the legislation on August 9 last year, a day after it was introduced in the Lok Sabha.

The JPC has approved key amendments to the proposed law by a majority, rejecting all amendments put forth by members of opposition parties and accepting those put forth by the BJP and its allies.

Ramesh alleged that the “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,” he added.

One of the amendments, tabled by BJP’s Nishikant Dubey, offered major relief to many existing waqf properties. It said that the provision of “waqf by user” will remain applicable for current properties and could not be questioned on the grounds of the new law scrapping this. “Waqf by user” refers to a category where a property is acknowledged as waqf because it has been used for religious activities for some time, despite there being no official declaration or registration as waqf.

To be sure, the recommendations of the JPC are not binding on the government.

The bill, introduced by the government in the last monsoon session, seeks to bring changes to the powers of state waqf boards, survey of waqf properties and removal of encroachments by amending the Waqf Act, 1995. A waqf is a Muslim religious endowment, usually in the form of landed property, made for purposes of charity and community welfare.

The government argues the bill modernises norms and brings in uniformity, but the Opposition has called it an attempt to infringe on religious rights and the Constitution.