NEW DELHI, India: India’s Lower House of Parliament on Thursday passed a controversial bill moved by Prime Minister Narendra Modi’s Hindu nationalist government to amend laws governing Muslim land endowments.
The proposed amendments to the Waqf Act, which manages Muslim endowments worth an estimated $14 billion, have been termed discriminatory by critics, who argue that they could lead to greater control over Muslim properties by the Indian government.
The bill was introduced by the Bharatiya Janata Party (BJP) government and seeks to include non-Muslims in the boards that manage waqf properties, as well as give the government a more prominent role in verifying the land holdings.
Waqf refers to property donated by Muslims for religious or charitable purposes, often in the form of real estate, that cannot be sold or transferred.
According to the government, the proposed changes aims to reduce corruption and mismanagement while promoting diversity.
However, many Muslims and opposition leaders have raised concerns about the implications of the bill, fearing it could undermine their rights and open the door for the confiscation of historic mosques, shrines, and other waqf properties.
They argue that the amendment may allow the government to gain greater control over Muslim land holdings, which have been subjected to encroachment and disputes for decades.
The bill, which was passed with 288 votes in favour and 232 votes against it, follows a heated debate in the Lower House of Parliament on Wednesday.
The Congress-led opposition party and several Muslim organisations have condemned the bill, accusing the BJP of targeting the Muslim community and further marginalising them in the country.
Key provisions of the Bill
One of the most controversial aspects of the bill is the inclusion of non-Muslims on the waqf boards.
Home Minister Amit Shah, defending the proposal, said that non-Muslim members would be included for administrative purposes, specifically to monitor the management of waqf properties and ensure that donations are being used for their intended purposes.
Shah said that non-Muslim members would not interfere with religious matters, but would help ensure the proper functioning of waqf management.
However, critics argued that this move could lead to greater interference in the management of Muslim religious properties.
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The All India Muslim Personal Law Board (AIMPLB) has described the bill as “discriminatory” and a “blatant infringement” on the constitutional rights of Muslims.
Kamal Farooqui, an official from the AIMPLB, called the government’s move an attempt to control the Islamic land bank and undermine the autonomy of Muslim institutions.
Farooqui also questioned whether non-Muslim members would be similarly appointed to boards overseeing Hindu temples.
Ownership and documentation
Another contentious provision of the bill concerns the ownership rules for waqf properties. Many mosques, shrines, and graveyards have been established on waqf lands that lack formal documentation, as these properties were often donated centuries ago without legal records.
The bill would require waqf boards to seek approval from district officers to confirm the ownership of such properties, potentially leading to disputes and challenges to their legitimacy.
Opponents of the bill argue that this provision could lead to the stripping of Muslim communities’ land rights, particularly as right-wing Hindu groups have already laid claim to several mosques across the country, arguing that they were built on the ruins of Hindu temples.
The controversial 1992 demolition of the Babri Masjid in Ayodhya by a Hindu mob remains a flashpoint for tensions between the two communities.
Opposition voices
Rahul Gandhi, leader of the Congress Party, strongly condemned the bill, calling it a “weapon aimed at marginalising Muslims” and accusing the BJP of eroding the constitutional rights of religious minorities.
He warned that the bill could set a precedent for targeting other communities in the future.
The proposed law also faces strong resistance from Muslim leaders, who fear that the bill will further undermine the rights of their community.
According to a 2013 government survey, Muslims, who make up 14% of India’s 1.4 billion population, are the poorest demographic group in the country.
Many argue that the bill’s passage is another step in a wider agenda to weaken the socio-political position of Muslims under Modi’s government.
On the other hand, Modi’s supporters argue that the reforms are necessary to curb corruption and improve the management of waqf properties, which span nearly one million acres of land across the country.
The government has acknowledged that waqf properties have been subject to encroachments and mismanagement over the years, and that reform is needed to ensure these resources are used effectively for the benefit of the community.
The bill, which has now passed the Lower House, will proceed to the Upper House of Parliament for further debate. If it is approved, it will be sent to President Droupadi Murmu for her assent, after which it will become law.
