Syed Abubakr, Sumit Singh/TwoCircles.net
New Delhi: Thousands gathered at the city’s Jantar Mantar on March 17 to voice their opposition to the Waqf (Amendment) Bill, 2024, with some protestors declaring that Muslims will not forgive if the bill is passed. Members of the All India Muslim Personal Law Board (AIMPLB), which called for the agitation, rallied against what they describe as a direct assault on their religious rights.
AIMPLB President Maulana Khalid Saifullah Rahmani emphasised the larger battle at stake: the protection of India’s Constitution. “This fight is not just for Waqf. It is a battle for our Constitution. We are against the Centre’s draconian Bill. We will not stop until it is rolled back,” he said, addressing the crowd.
Among the demonstrators were several Members of Parliament (MPs) and influential Muslim religious leaders.
On February 27, the Prime Minister Narendra Modi-led Union government cleared all 14 amendments proposed by the ruling Bhartiya Janata Party (BJP) and its allies to the Bill, as put forward by the Joint Parliamentary Committee (JPC) headed by BJP MP Jagadambika Pal. It rejected 44 amendments proposed by the Opposition.
Speculation now surrounds whether the Bill will be introduced during the ongoing Budget Session of Parliament that began on March 10.
The Bill, which aims to amend the Waqf Act of 1995 — governing the management of waqf properties in India — has become a point of contention due to its “sweeping” changes. Critics argue it would grant the government excessive control over waqf properties and the authority to intervene in disputes related to them.
Congress MP Gaurav Gogoi denounced the Bill and stressed that the government was undermining India’s secular values. “We should respect each other’s religion. That is what we have been taught. But the Modi government is working against the very secular values of India and Babasaheb Ambedkar’s Constitution.”
AIMIM chief and Lok Sabha MP Asaduddin Owaisi, also an AIMPLB member, argued that the Bill was designed to escalate tensions between Hindus and Muslims. He accused the BJP of attempting to erase the political and religious identity of Muslims. He claimed that it is a “conspiracy” to destroy waqf.
“The BJP wants to snatch away the political and religious identity of Muslims,” he added.
He further warned that Muslims would not forgive the parties supporting the Bill, including Chandrababu Naidu’s Telgu Desam Party (TDP), Chirag Paswan’s Lok Janshakti Party-Ramvilas and Nitish Kumar’s Janata Dal (United) or JD(U).
A waqf refers to a property given by Muslims for specific religious, charitable or private purposes. While beneficiaries may vary, the ownership is considered to belong to God. Once declared Waqf, the property’s status cannot be reversed.
The 2024 Bill mandates that all waqf properties be registered on a central portal within six months of the law’s implementation. Properties marked as “government property” would be flagged to the district collector, who could initiate inquiries and submit reports to the state government. Moreover, failing to register properties within the stipulated timeframe would forfeit the right to pursue legal action in case of encroachment or disputes involving waqf land.
Trinamool Congress MP Mahua Moitra, addressing the crowd, criticised the BJP’s actions. “This Bill’s only motive is to disenfranchise the Muslims of this country. It is sacred in law and must be protected. Modi government wants to snatch away the land of Muslims,” she said. “They can bulldoze the proceedings and bring the Bill in Parliament, but we will never allow its implementation.”
Samajwadi Party MP Dharmendra Yadav emphasised his party’s opposition to the Bill. “Whether this Bill goes through Parliament, the courts, or the streets, we will always stand against it.”
The 2024 Bill grants district collectors the power to decide whether a property is waqf or not, a shift from the previous authority of the Waqf Tribunal. Any disputed land would be treated as government property until the government makes a decision.
Maulana Syed Arshad Madani, president of the Jamiat Ulama-i-Hind, made it clear that the dispute was not just a legal matter but one of faith. “The Bill aims to seize waqf properties. How is it fair that properties that belong to us be taken care of by someone else? We do not welcome any interference in our religious issues,” he said.
The JPC has reportedly accepted amendments to replace the district collector with a more senior officer in the dispute resolution process. This “designated officer” would be responsible for updating revenue records if properties are deemed government property.
One of the most controversial aspects of the 2024 Bill is its provision allowing non-Muslim appointments to the waqf boards at the state level, including a non-Muslim chief executive officer and at least two non-Muslim members.
Owaisi strongly objected to this, while Mahua Moitra raised a provocative question: “Will the BJP put two Muslims on the Ram temple board in Ayodhya?”
Talha Mannan, a research scholar at Maulana Azad National Urdu University (MANUU) and National Secretary of the Students Islamic Organisation of India, pointed out that the Bill is part of a larger pattern of marginalisation of Muslims.
“When the government is intoxicated with power, they stop listening to the people, minorities and backward communities. Every right-thinking person in this country should register their protest against this Bill,” he added.
The governance of waqf properties in India has been regulated by the Waqf Act of 1995, which replaced earlier laws dating back to the British era. The law was amended in 2013 to include stronger penalties for encroachment on waqf land.
The 2024 Bill also proposes to redefine how a property is deemed to be in the possession of waqf. It seeks to remove the concept of “waqf by use”, under which a property used by Muslims for religious purposes could be considered waqf property. This could affect numerous mosques and graveyards.
Chairman of the JPC Jagadambika Pal criticised the AIMPLB for its protest, claiming it could create divisions and challenge Parliament’s authority to legislate. He called the rally a “politically motivated” one.
BJP’s national spokesperson Shehzad Poonawalla accused the AIMPLB of using waqf as an excuse to incite riots in the country. “Waqf is an excuse to incite riots in the country. Be it the AIMPLB or its political masters Congress, TMC, Samajwadi Party or AIMIM, they all are constantly trying to incite Muslims in the name of Waqf,” he added.
All eyes are now on the ongoing Budget Session to see if the ruling BJP will introduce the Waqf Bill, with the Joint Committee of Parliament having already submitted its report on the proposed legislation.