Contentious debate erupts as JPC reviews new provisions
Team Clarion
NEW DELHI – Two prominent Muslim organisations, the All India Muslim Personal Law Board (AIMPLB) and the All India Backward Muslim Morcha (AIPMM), voiced strong objections to the omission of the ‘Waqf by User’ clause in the Waqf (Amendment) Bill during discussions before the Joint Parliamentary Committee (JPC).
Representatives from both groups appeared before the JPC on Thursday to present their concerns and suggestions regarding the proposed bill. While the All India Backward Muslim Morcha expressed support for the bill, arguing that it would bring much-needed transparency and accountability to the management of Waqf properties, the All India Muslim Personal Law Board raised significant objections to certain provisions.
A representative from the AIPMM stated, “The nation should be governed by the rule of law, not religious books. We believe the bill, with some additions, could help eliminate corruption and opportunism in the administration of Waqf properties.” The group advocated for the inclusion of backward Muslims and women in committees responsible for managing these properties, and also called for an audit by the Comptroller and Auditor General, citing widespread mismanagement and corruption in the current system.
However, the AIMPLB took a different stance, particularly objecting to the clause that entitles a Muslim to create a Waqf for only five years. They argued that this provision was unconstitutional and beyond the legislative competence of Parliament. “This bill could lead to religious surveillance on Muslims,” an AIMPLB representative said, calling the proposal an infringement on religious freedom.
The bill, which seeks to amend the Waqf Act of 1995, has stirred significant debate among lawmakers. DMK Member of Parliament A Raja criticised the bill, calling it an attempt to “turn back the clock to 1954” and undo the changes made in the Waqf Acts of 2013 and 1994. “The current provisions seem to negate past reforms,” he added.
The committee meeting also saw a heated exchange when an opposition member made harsh comments directed at BJP member Medha Kulkarni. According to parliamentary sources, Kulkarni demanded an apology, which was presented in the presence of committee chairman Jagdambika Pal. However, Kulkarni insisted that the apology be made during the committee meeting, rather than privately.
Adding to the debate, legal expert Faizan Mustafa, Vice-Chancellor of Chanakya National Law University, reportedly argued that the bill contradicted several landmark Supreme Court judgments and threatened the delicate balance of federalism, a core principle of the country’s Constitution. Mustafa also made comments on the controversial topics of ‘one nation, one election’ and the ‘common civil code,’ which were met with strong opposition from some committee members.
As discussions continue, the JPC plans to visit various cities, including Mumbai, Ahmednagar, Hyderabad, Chennai, and Bengaluru, from September 26 to gather further feedback on the bill.
The proposed amendments to the Waqf Act have sparked a broader conversation about the governance of Waqf properties and their role in serving the community, with many calling for greater transparency while others warn of potential overreach.
