Opposition members on Wednesday objected to a change in the Waqf (Amendment) Bill that would remove a longstanding 'waqf by user' clause, saying it has been an important part of the law for a very long time, PTI reported.
The opposition members of the parliamentary paneꦐl examining the Waqf Amendment Bill submitted dissent notes to the report of the joint committee on the bill, claiming that the move would lead to excessive government interference in the functioning of the Waqf boards and was viol🐻ative of the fundamental rights of the Muslim community.
However, JPC Chairmain Jagdambik🤪a Pal on Thursday voiced his disappointment with the opposition MPs stance.
Speaking with P🙈TI, Pal stated that he doesn't know what type of political examples the opposition wants to set and what message they are sending to the people, but JPC has been conducting detailed discussions with stakeholders, JPC members, state officials, and Islamic scholars.
Opposition MPs Stance
Trinamool Congress (TMC) MP Kalyan Banerjee and Nadimul Haque objected to the amendment to the original Act that states if any government property is identified or declared as waqf prope𒈔rty, before or after the enforcement of this Act, it shall not be waqf property.
The amendment states that if any question arises regarding the property to be government property, then the issue shall be referred to an officer above the rank of collector, as n🌄otified by the state government, for adjudication.
"The said amendment hits the basic tenants of the property laws. The government is not meant to create its property by taking recourse in an unauthorised manner. When the government acts as a trespasser, such unauthorised acts cannot be legalised by the proposed amendment," the TMC leaders stated, as reported by PTI.
In his dissent note to the report, AIMIM chief Asaduddin Owaisi said the last-minute inclusion of the proviso to the clau🧜se omitting 'waqf by user' was "wholly unhelpful," as the principle will only be tested in cases where the property is placed 'in dispute,' in which case the proviso will not apply.
In a bid to allay fears, a parliamentary p💞anel had recommended that no cases will be reopened against Waqf properties on a retrospective basis, provided the asset is not in dispute or d♉oes not belong to the government.
"Any bad-faith actor can institute litigation over any part of the properties belonging to the 'waqf🔴 by user' and consequently prevent it from seeking any protection under the amended Act," Congress memb♈er Gaurav Gogoi said in his dissent note.
Gogoi, the deputy leader of the Congress in Lok Sabha, said the bill allows excessive government interference in the functi🙈oning, control, and management of waqf and waqf properties in the country.
"... This has a detrimental impact on th𒀰e community as well as the instituti꧋on of autonomy, which are necessary to administer the institution," he said.
In their joint dissent note, DMK members A. Raja and Mohamed Abdulla said the bill "should be titled as 'Waqf Ann🍬ihilation Bill' given the stealthy manner in which there is an attempt to anyhow change the nature and character of dedicate💖d properties, vesting in the Almighty for all times to come."
Raja and Abdulla said the proviso of 'waqf by user' existed since the time of Prophet Mohammad, and any move for its omission would🦩 violate the fundamental rights of the Muslim community.
"To obliterate the freedom to establish, manage, own, and administer waqf by the religious denomination is violative of the Constitution of India," they s🔜aid.
Shiv Sena UBT member Arvind Sawant also objected to the inclusion of non-Muslims as memb🐻ers of the Waqf Board.
"Nomination of such non-related me🐟mbers will create chaos, as tomorrow the other communities may demand parity in all endowments," Sawant said in his dissent note to the report.
He noted that as far as Hindu endowments are concerned, it is categorically mentioned that only Hindus will be members and office-bearers of the Hindu Endowmentꦇs for Temples.
"The Waqf Act was made to save and safeguard the waqf properties. However, the proposed amendments to the 🤪Waqf Act are going to do the exact opposite. Inst♎ead of saving the waqf properties, they will open new ways and avenues to further encroach upon and usurp the waqf properties," Sawant said.
