New Delhi:
The Waqf Modification Invoice sailed via the Lok Sabha early on Thursday after a marathon 12-hour debate that noticed the federal government and the Opposition go toe-to-toe on the contentious invoice well-past midnight. The controversy was intense however the numerical energy of the federal government had the final phrase. Round 2 am, the invoice was handed by 288-232 votes.
The proposed laws — which shall be tabled in Rajya Sabha later right now — goals to amend the 1995 legislation governing Waqf properties.
However the contentious provisions within the amended invoice embrace necessary inclusion of two non-Muslim members within the Central Waqf Council and Waqf Boards. There’s additionally the stipulation that people who practiced Islam for at the least 5 years solely can donate properties to Waqf. Additionally, beneath the proposed legislation, authorities property recognized as Waqf will stop to belong to it and the native Collector will decide its possession.
The Opposition — which contended that the Joint Parliamentary Committee set as much as study the Invoice didn’t take into account their options — argued that the invoice was unconstitutional.
The Congress declared that the federal government was making an attempt to “defame (and) disenfranchise minorities” and staging an “4D assault on the Structure”.
AIMIM chief Asaduddin Owaisi, in a symbolic protest, mentioned he was “tearing up the legislation like Mahatma Gandhi did” with British legislation in South Africa.
The federal government contended that the invoice was about property and its administration, not faith. Big lands and properties have been taken over by Waqf — aided by the Congress’s appeasement politics. There have been largescale irregularities that didn’t enable Waqf property to learn girls and kids, which the amended legislation would do. Additionally, the Waqf invoice, the BJP mentioned, was developed after consulting a big part of individuals and it has obtained the assist of non-Muslim minorities.
Talking in favour of the invoice, Union minister Amit Shah introduced an extended listing of properties that he mentioned got for Waqf. The listing included land belonging to temples, different religions, the federal government and others.
“Properties in (Delhi’s) Lutyens zone went to Waqf, they usually began taking on authorities land… In Tamil Nadu, a 400-year-old temple property was declared as Waqf’s. Land for a five-star institution was given to Waqf for 12,000 a month… A number of properties belonging to completely different religions have been declared as Waqf property, together with Chandra Shekhar Azad Park in Prayagraj,” he mentioned.
“You can not donate another person’s property. You donate one thing which is yours,” he mentioned.
Whereas introducing the invoice, Union minister Kiren Rijiju cited a case happening since 1970 in Delhi concerned a number of properties, together with the previous Parliament constructing.
“If we had not launched this modification right now, even the constructing we’re sitting in might have been claimed as Waqf property,” he mentioned.
Pointing fingers on the Congress, Mr Shah mentioned if there had not been an modification within the Wakf Act in 2013, there would have been no have to carry this laws.
“In 2013, the acute Wakf legislation was made in a single day for the aim of appeasement. In consequence, 123 properties in Delhi’s Lutyens zone have been handed over to the Wakf simply 25 days earlier than the elections,” he mentioned.
He additionally denied that non-Muslims shall be included within the Wakf board, saying “Those that handle non secular property, in that board, non-Muslims will not be in that. We do not need to even intrude there. The Opposition is making an attempt to scare the minority and construct their vote banks”.
Spirited Assault From Opposition
Congress’s Gaurav Gogoi, who delivered a prolonged rebuttal to Mr Rijiju, mentioned the invoice is an “assault on the Structure… The goal is to dilute the Structure, defame and disenfranchise minorities… divide Indian society”.
“In 2023, 4 conferences of the Minority Fee have been held, and but, there was no point out of the necessity for a Waqf modification invoice. I ask the federal government – was this invoice drafted by the Minority Affairs Ministry or another division?” he added.
Shiromani Akali Dal MP Harsimrat Kaur Badal launched a fierce assault on the Centre, accusing it of making an attempt to separate the minorities.
“The occasion which doesn’t have a single Muslim member (in Parliament), how is it which are remembering the Muslims right now? The occasion which depends on polarisation, how did they keep in mind the Muslims right now?” she mentioned, taking a swipe on the BJP.
“Twenty seven % of the (Waqf) properties are in Uttar Pradesh, which can vote after 1.5 years. You may have demolished our historic gurudwara and developed Ayodhya. Had your intention been good then you definitely would have included a Muslim member within the Ayodhya committee. You might be breaking each minority. You’re the Tukde Tukde gang,” added the MP, whose occasion parted firm with the BJP through the farmers’ protest.
Provisions Of Amended Invoice
Based on the Waqf Modification Invoice, trusts created by Muslims beneath any legislation will not be thought of Waqf. Solely working towards Muslims (for at the least 5 years) can dedicate their property to Waqf, it says, restoring pre-2013 guidelines. Additionally, girls should obtain their inheritance earlier than Waqf declaration, with particular provisions for widows, divorced girls and orphans.
The invoice additionally proposes that an officer above the rank of collector will examine authorities properties claimed as Waqf.
In case of disputes, the senior authorities official may have the ultimate say on whether or not a property belongs to Waqf or the federal government. This replaces the present system the place such selections are made by Waqf tribunals.
Additionally, the invoice proposes that non-Muslim members shall be included within the central and state Waqf boards for inclusivity.
Ladies should obtain their inheritance earlier than Waqf declaration, with particular provisions for widows, divorced girls and orphans.
The All India Muslim Private Legislation Board has mentioned it’s going to problem the Waqf (Modification) Invoice in court docket. “We are going to organise programmes throughout the nation identical to farmers did. If wanted, we’ll block roads and take all peaceable measures to oppose the invoice,” mentioned the legislation board spokesperson Mohammad Mohsin.
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