Watershed moment, says Modi as Rajya Sabha passes Waqf bill

The contentious Waqf (Amendment) Bill, which provides for sweeping changes in regulating and managing Islamic charitable endowments, was passed in the Rajya Sabha after a marathon debate and a face-off between the government and the Opposition. As many as 128 lawmakers voted in favour of the bill and 95 against it.

Prime Minister Narendra Modi on Friday called the passage “a watershed moment” in the “collective quest for socio-economic justice, transparency and inclusive growth”. He said the legislation will particularly help those who have long remained on the margins, thus being denied both voice and opportunity.

In a post on X, he said, “For decades, the waqf system was synonymous with lack of transparency and accountability. This especially harmed the interests of Muslim women, poor Muslims, and pasmanda [backward] Muslims. The legislation passed by Parliament will boost transparency and also safeguard people’s rights.”

The government has maintained that some sects of Muslims and socio-economically backward sections were underrepresented in the waqf boards. It denied allegations that it was trying to undermine in the rights of the Muslims. The government underlined that waqf properties would now be run efficiently with more transparency to ensure the welfare of the poor, deprived, and women.

“We will now enter an era where the framework will be more modern and sensitive to social justice. On a larger note, we remain committed to prioritising the dignity of every citizen. This is also how we build a stronger, more inclusive and more compassionate India,” Modi said.

He thanked the lawmakers for participating in the marathon discussions in both houses. “Gratitude to all members of Parliament who participated in the parliamentary and committee discussions, voiced their perspectives, and contributed to the strengthening of this legislation. A special thanks also to the countless people who sent their valuable inputs to the parliamentary committee. Yet again, the importance of extensive debate and dialogue has been reaffirmed,” said Modi.

Union minority affairs minister Kiren Rijiju, replying to the discussion on the bill, earlier said the government has ensured suggestions of a Joint Parliamentary Committee (JPC) were included in the legislation.

He questioned whether the Opposition had the right to speak about Muslims and to think about their welfare. “We cannot do work based on religion. We have to look at everybody as an Indian citizen.” He said Muslims are poor in this country, and the ruling Bharatiya Janata Party (BJP) is working hard to change that. Rijiju blamed the Congress for nearly 60 years of poverty among the Muslims.

“Once a waqf is created, it cannot be reversed. Therefore, it should be done after proper thinking. It is for a pious, religious, charitable work.” Rijiju said the bill will benefit millions of poor Muslims and will not harm the interests of anyone.

The bill was passed in the Lok Sabha after a 12-hour debate with 288 votes in favour and 232 against. It is the second major legislation connected to Muslims after the law banning the triple talaq. The waqf bill will now be sent to President Droupadi Murmu for her assent.

In the upper House, the BJP-led National Democratic Alliance (NDA) underlined that the opposition to the waqf bill was part of an attempt to create a “false narrative” while the government’s intention was to ensure “transparency and accountability” and efficiency in the running and management of the waqf boards.

BJP chief JP Nadda said he supports the waqf bill as its sole purpose is to bring reforms in managing the waqf properties…”

Nadda attacked the Opposition for creating misgivings about the bill. He said it was aimed to ensure transparency and accountability, and prevent the misuse of public assets. “Nearly 5,970 government properties were wrongfully designated as waqf assets over the decades due to loopholes in the existing laws,” he said.

In Karnataka, he alleged, between 1975 and 2020, 40 government properties, lakes, and farmland were designated as waqf properties. “In Wayanad [Kerala], the waqf board claimed 4.7 acres of land. People from there come to us and complain, and we asked them, have they asked their MP [member of Parliament Priyanka Gandhi Vadra] before coming here?”

He rejected accusations that the government was riding roughshod over the rights of Muslims. Nadda said they were working under Modi’s leadership with the motto of inclusive development for all. “We do not provide lip service. We provide real service,” he said.

Opposition leader and Congress chief Mallikarjun Kharge accused the BJP of trying to snatch the rights of minorities. “They got 288 votes [in the Lok Sabha] and 232 were in opposition to the bill ... This means there are gaps and deficiencies in this bill. They are bulldozing it through. Waqf is about donation and not about amassing money.”

Former Prime Minister HD Deve Gowda, whose Janata Dal (Secular) is part of the NDA, supported the bill, saying Modi needed to be congratulated. “The properties being mentioned are worth ₹1.29 lakh crore. These properties have not been given by the government but by donors...If these have been misused and there are vested interests, now the Prime Minister wants to put a seal, not to allow the donors’ property which is given to the community for a particular purpose, to be swallowed by rich people or the people who are strong enough in the community to swallow this property,” he said.

Nationalist Congress Party leader Praful Patel took potshots at the Opposition for allying with the Shiv Sena (UBT), which in the past followed a hardline Hindutva agenda. “Balasaheb [Thackeray] proudly said that his men brought down the Babri Masjid. In the 1992-93 riots, Shiv Sainiks protected the Hindus...” he said as the Opposition rose in protest.

The Biju Janata Dal, which earlier opposed the bill, changed its stance on voting. In a post on X, party floor leader Sasmit Patra said there was no whip. “Our party...has entrusted our members in the Rajya Sabha with the responsibility of exercising their conscience…should the bill come up for voting,” he said.

Yuvajana Sramika Rythu Congress Party lawmaker YV Subba Reddy opposed the bill.

Samajwadi Party lawmaker Ram Gopal Yadav said the government’s assertion of being secular could be questioned when restrictions are placed on Muslims. “I think that through Parliament, confusion is being created among the general public regarding waqf...there is no other country in the world with such a large Muslim population as in India. In such a situation, if people feel that injustice is happening to such a large population, and if this becomes a topic of public discussion, then no matter what you say, it would not work. What you have done in the past does not satisfy the public,” he said.

Rashtriya Janata Dal’s Manoj Jha said the content and intent of the bill raise questions on the government’s motives.

John Brittas of the Communist Party of India (Marxist) said the bill attacks the basic tenets of India’s constitution—secularism, democracy, and equality.

Rijiju, who introduced the bill, said it is not biased against Muslims. “It has been said here that Muslims will be harmed by the step we are taking. Many people said this is unconstitutional, illegal, and the right of Muslims is being snatched away... Very categorically, I want to reject all these allegations.”

Finance minister Nirmala Sitharaman responded to former Union minister Kapil Sibal’s comments about under religious trusts in Tamil Nadu, Andhra Pradesh, and Telangana, and reforms in the Hindu religion. She said in Tamil Nadu; the Hindu Religious and Charitable Endowments Department is with the state government. “Government-appointed people monitor it. They execute it, and they run it. In the Tirumala Tirupati Devasthanam, the executive officer is an appointee of the government of Andhra Pradesh.” She said the Andhra Pradesh government appoints the Endowment Board. “...the entire system is under the government of Andhra Pradesh.”

A waqf is a Muslim religious endowment, usually in the form of landed property, made for charity and community welfare. The waqf draft bill was introduced last year and amended after JPC recommendations proposed changes.

The amended bill provides for scrapping the waqf by user provision under which a property is acknowledged as a waqf because it has been used for religious activities for some time despite there being no official declaration or registration as a waqf. It permits women, members of the Shia sect and government officials to be members of waqf bodies, and gives overriding power to senior officials to determine if a government property belongs to a waqf.

The bill allows only a person “showing or demonstrating that he is practising Islam for at least five years” to donate properties to waqf. It stipulates that women and other rightful heirs cannot be denied their inheritance due to the creation of a waqf.

A 31-member JPC reviewed the bill, which triggered fierce arguments. All Opposition JPC members gave dissent notes to the bill. In all, the new bill incorporated 14 JPC recommendations.