Waqf Amendment Bill Cleared by JPC: A Bold Step Against Land Mafia by BJP
The Joint Parliamentary Committee (JPC) has cleared the much-awaited Waqf Amendment Bill, approving 14 key amendments aimed at reforming how Waqf boards operate in India. This move comes in response to long-standing grievances about the unchecked powers of Waqf boards, often seen as operating like a land mafia. For Hindus and others who have faced injustice due to Waqf’s claims, this is a welcome step towards fairness and accountability.
The Waqf Board’s ability to unilaterally claim land without legal recourse has been a major point of contention. Numerous instances of arbitrary land grabs have left individuals, families, and even state authorities powerless. The amendments proposed by the BJP address these issues, paving the way for more balanced and transparent administration of Waqf properties.
Key Amendments Approved by the JPC
The Waqf Amendment Bill, tabled in August 2024, underwent intense scrutiny and discussions over six months. Here are the key amendments approved by the JPC:
Inclusion of Non-Muslims and Women in Waqf Boards:
At least two women and non-Muslim members will now be part of Waqf boards and councils. This ensures broader representation and accountability in decision-making.
Restrictions on Land Claims:
The Waqf Council can no longer claim land under the outdated provision of “Waqf by user.” This amendment eliminates a significant loophole that allowed the board to stake claims on properties without proper legal grounds.
Transparent Donation System:
Donations to Waqf properties will now be restricted to practicing Muslims who have been adherents of the faith for at least five years. This ensures that donations come from genuinely invested individuals and prevents misuse of funds.
Mandatory Inclusion of Diverse Experts in Central Waqf Council:
The Central Waqf’s Council must now include a union minister, three MPs, two former judges, and four individuals of national repute. Senior government officials will also be part of the council. These members need not belong to the Islamic faith, ensuring a balanced approach to governance.
Accountability in Waqf Administration:
Processes for dispute resolution and decision-making will be streamlined. This will ensure faster and fairer outcomes.
These changes signal the government’s intent to curb the excessive powers of Waqf boards. They also aim to ensure accountability, transparency, and inclusivity in its operations.
Mandatory Proof for Older Waqf Properties
One of the most impactful amendments in the Waqf’s Bill is the requirement for Waqf boards to provide legitimate proof of ownership for older properties. Government properties previously claimed as Waqf will now need documented evidence to validate such claims. If the Waqf board fails to furnish proof, these properties will no longer be classified as Waqf. They will be returned to their rightful owners or the state.
This provision is a critical step toward transparency and accountability. It ensures that past injustices caused by arbitrary land grabs are rectified. It also serves as a deterrent against future misuse of the Waqf system.
Waqf Board: A History of Land Grabs
For years, the Waqf board has functioned with little oversight. It claimed lands under the guise of religion, leaving Hindus and other communities helpless. The provision of “Waqf by user” has been particularly notorious. It enabled the board to stake claims on properties simply because they were being used for religious purposes.
Families have lost ancestral lands, businesses have been shut down, and even state-owned properties have come under the board’s radar. The BJP-led government’s move to amend these laws is a direct challenge to this unchecked authority. By removing arbitrary provisions and introducing accountability mechanisms, the amendments aim to restore balance and protect citizens’ rights.
Opposition’s Reaction and BJP’s Response
Unsurprisingly, the amendments have faced strong resistance from opposition parties. Leaders like Asaduddin Owaisi and Kalyan Banerjee have labeled them as unconstitutional. They argue that these changes violate minority rights under Articles 15 and 30 of the Constitution.
However, BJP leaders, including Jagdambika Pal and Aparajita Sarangi, have defended the amendments. They stated that the changes are necessary to curb the misuse of Waqf laws. Pal emphasized that the amendments were passed democratically, with each proposal put to a vote. The BJP’s majority in the JPC ensured the acceptance of 14 crucial changes.
A Step Forward, but More Needs to Be Done
While the Waqf Amendment Bill is a commendable step, much more remains to be done. The deep-rooted influence of Waqf’s boards and their arbitrary land claims have caused significant harm to individuals and communities. This legislation addresses some of these issues but does not dismantle the systemic problems entirely.
The inclusion of non-Muslims and women in Waqf’s boards is a progressive move. However, stronger mechanisms are needed to ensure that these members can contribute meaningfully without being sidelined. Moreover, a comprehensive audit of all Waqf’s properties should be conducted. This would help identify instances of illegal claims and encroachments.
A Bold and Necessary Move
The BJP’s decision to reform Waqf’s laws is a bold and necessary step toward ensuring justice and equality for all citizens. For Hindus, who have borne the brunt of these archaic laws, the amendments offer a glimmer of hope. The reforms set a precedent for holding powerful institutions accountable, paving the way for a more equitable future.
However, the success of these amendments depends on their effective implementation. As citizens, it is our responsibility to support these efforts. We must ensure that the government continues to take bold steps toward dismantling unjust systems. The Waqf Amendment Bill is not just a legislative change. It is a step toward reclaiming fairness and justice in our society.