SRINAGAR: Political leaders and religious groups have raised significant concerns over the proposed amendments to the Wakf Act, spearheaded by the BJP-led Joint Parliamentary Committee (JPC). These changes, approved by the majority-membership JPC, aim to alter the management and regulation of Muslim charitable properties, but critics argue they could undermine religious autonomy and constitutional rights.
Chief Minister Omar Abdullah, addressing reporters in Jammu, stressed the importance of patience and due process, noting that the proposed amendments are still under parliamentary consideration. He stated, “No law is being implemented at the moment. Parliament’s committee is working on the matter, and the debate is still underway.” Abdullah also remarked on the Uniform Civil Code (UCC) in Uttarakhand, asserting that such decisions would ultimately rest with Parliament rather than individual states or territories.
The Wakf (Amendment) Bill, introduced in August last year, seeks to implement 44 changes to the Wakf Act, of 1995. Proponents claim the amendments aim to modernise the administration of waqf properties, improve transparency, and empower Muslim women. However, critics argue the changes represent an overreach and could have far-reaching consequences for Muslim personal law and the autonomy of waqf institutions.
Among the key changes approved by the JPC is the inclusion of at least two non-Muslim members in both the Central Wakf Council and state-level waqf boards. While this is touted as a measure to promote inclusivity and transparency, opponents contend it may dilute the religious autonomy of these bodies. Another contentious proposal eliminates the “waqf by user” doctrine, which allowed properties to be designated as waqf based on long-term religious use. Under the amendments, all waqf claims would now require formal registration, a move that could affect properties historically recognised without documentation.
The bill also proposes excluding minority Muslim sects such as the Dawoodi Bohras and Agakhanis from the jurisdiction of predominantly Sunni-controlled waqf boards. While this is intended to respect the distinct practices of these sects, concerns have been raised about equitable management of waqf assets. Additionally, donors wishing to dedicate properties to waqf would be required to demonstrate that they have been practising Islam for at least five years, a provision critics deem intrusive and potentially discriminatory.
Opposition members, including Congress leader Imran Masood and AIMIM’s Asaduddin Owaisi, have described the amendments as a direct attack on religious freedom, citing violations of Articles 15 and 30 of the Constitution, which guarantee religious and minority rights. Masood also raised alarms over the proposed retrospective application of the law, highlighting that an estimated 90 per cent of waqf properties remain unregistered, leaving them vulnerable to disputes.
The amendments were passed in the JPC by a 10:16 vote, with BJP and allied MPs voting along party lines. The committee’s majority rejected all 44 proposals from opposition members, intensifying political tensions. Apni Party President Altaf Bukhari expressed resignation over the developments, noting that the majority party would run the bill as it sees fit. He called for careful observation of the amendments’ implementation, particularly their impact on Muslim personal law.
Meanwhile, Mirwaiz Umar Farooq, a prominent religious leader from Jammu and Kashmir, has been meeting with political and religious figures in New Delhi to voice concerns over the amendments. Representing the Muttahida Majlis Ulema (MMU), a coalition of 45 Muslim organisations, he presented a six-point memorandum to the JPC on January 24. The memorandum emphasised the potential erosion of waqf institutions’ autonomy and the need to safeguard community interests. Mirwaiz’s efforts have been seen as an attempt to engage constructively with the central government, though analysts caution against reading too much into his outreach.
The BJP-led government has defended the amendments, claiming they address longstanding issues in the management of waqf properties and aim to empower Muslim women who “suffered” under the old law. However, critics, including Trinamool’s Kalyan Banerjee and DMK’s Kanimozhi, argue the changes amount to excessive interference and undermine religious freedoms.
Voting on the amendments is set for January 29, with the final report expected to be submitted by January 31. As the debate unfolds, the Wakf (Amendment) Bill continues to polarise opinions, reflecting the broader tensions surrounding religious autonomy and governance in India.
