Clarion India
NEW DELHI – All India Majlis-e-Ittehadul Muslimeen (AIMIM) President and Hyderabad MP Asaduddin Owaisi on Thursday, August 8, flayed the introduction of the Waqf Board Amendment Bill 2024 in the Lok Sabha.
“I oppose the introduction of the Waqf Amendment Bill because this house is not competent to make these amendments. This Bill violates the principles under articles 14, 15, and 25. It is both discriminatory, arbitrary and a grave attack on the basic structure of the Constitution as it violates the principles of judicial independence and separation of powers,” said the Hyderabad MP.
“It needs to be understood that the waqf management of property is an essential religious practice for a Muslim. By denying legal recognition to Waqf-al-Aulad under Clause 4 and Waqf under Section 3 r1, the government has sought to restrict how Muslims can manage their Waqf property severely,” said Asaduddin Owaisi.
“The Hindu endowment boards are recognised by usage and custom, but here (Waqf Board), you are asking for documentation. No existing law, whether non-religious or personal, limits the right of a person to will their property or dispose of it,” he further added.
The Hyderabad MP stated that the Bill restricts Muslims from giving their property in the name of Allah. “You are stopping me from praying. The government is trying to take over dargahs and waqf boards by using waqf.”
“The Bill suggests that the Collector will be replaced by tribunals, which comprise a retired government judge and a retired government employee. How can the nominee be a part of the composition? Waqf properties aren’t public properties. Section 37 of the Bill removes protection for Waqf properties. The government says it will bring women representatives to the Waqf Boards. The bill is divisive, and it proves that the government is against Muslims.”
Owaisi’s reaction comes after Union law minister Kiren Rijiju tabled the bill in the Lok Sabha.
The controversial Bill proposes several significant reforms, including establishing a central waqf council alongside state waqf boards.
Notably, these bodies will have representation from Muslim women and non-Muslims, with provisions to appoint two women to all state boards and the central council.
It proposes to designate the district collector as the primary authority in determining whether a property is classified as waqf or government land.
This shifts the responsibility away from the waqf tribunal, an adjustment that critics argue could lead to the misuse of authority by vested interests seeking to acquire valuable properties.
The legislation outlines the creation of a separate Board of Auqaf specifically for the Boharas and Aghakhanis, ensuring representation for Shias, Sunnis, Bohras, and Aghakhanis within Waqf Boards.
The Bill would also grant the central government the authority to initiate audits of waqf properties through auditors appointed by the Comptroller and Auditor General of India.
It also pushes for mandating a valid waqfnama, which serves as an official deed expressing one’s intention to dedicate a property as waqf. This contrasts with the current law, which allows for oral agreements.