Waqf Board Bill referred to Joint Parliamentary Committee amid demands for wider scrutiny

New Delhi: The Waqf Board Bill, which was introduced in the Lok Sabha on Thursday to much opposition from the I.N.D.I.A. bloc, was sent to a Joint Parliamentary Committee, marking one of the few times that the Modi establishment has sent any legislation for further consultation.

The bill, which faced opposition from Congress, Samajwadi Party, Dravida Munnetra Kazhagam and Trinamool Congress, found support from NDA allies including Telugu Desam Party, Shiv Sena (Eknath faction) and Janata Dal United. The Lok Janshakti Party, however, supported the idea of sending the legislation for further consultation.

Chandrababu Naidu's TDP said it supported the bill, but doesn't mind if it is sent to a standing committee for wider consultations.

Union minority affairs minister Kiren Rijiju, while sending the bill to the JPC, said that the legislation does not discriminate against any religion and that his government is “not running anywhere” and will send the bill for further consultation.

While introducing the legislation, Rijiju said that the Bill is now known as United Waqf Act Management, Empowerment, Efficiency and Development (UMEED) Act, 1995. He said that it is not right to associate any member of the parliament with any religion. “We are not saying that people of different religions should be made a part of the Waqf board; we are saying that a Member of Parliament should be a member. Now, if the MP is a Hindu or Christian, then what can we do about it? Now, if an MP is added to Waqf Board by the virtue of him or her being an MP, then should we change the MP's religion,” Rijiju said.

Several government sources said that while the NDA allies supported the BJP on the floor of the Parliament, save for LJP, behind the scenes they urged the government to not push through the legislation without wider discussion. “It is easier for all parties involved that a detailed discussion is done, it will help us deal with questions around the legislation,” a member of the TDP said.

The JPC will now be appointed by Lok Sabha Speaker Om Birla soon, though it remains unclear when will the Committee be formed.

In the Lok Sabha, several Opposition MPs said that the legislation is violative of Article 25 (freedom of religion), Article 26 (right to form and maintain institutions for religious and charitable intents), Article 14 (equality before law) as well as 15 (right against discrimination on grounds only of religion etc).

AIMIM MP Asaduddin Owaisi said that the Bill has been brought on the “basis of government’s hatred for Muslim community”. “This Bill has been brought to reward those who have encroached upon Waqf properties. To say that it has been sent to JPC is fine, but it is no success,” Owaisi said.

He added that the Bill violates Articles 14, 15 and 25, as well as the basic structure of the Constitution. “It especially violates judicial independence and separations of powers. You want to snatch away the mosques that are being claimed by the RSS, snatch away the dargahs that are being claimed by right-wing Hindutva organisations,” he added.

Congress leader KC Venugopal said that the legislation is a “fundamental attack” on the Constitution and that it is a draconian law. “The government is attacking the faith and religion of the people. Allowing non-Muslims to be members of the Waqf Board is an attack on the Muslim religion and their faith. This bill is designed for elections in Haryana and Maharashtra. This is an attack on the federal system, freedom of religion,” he added.

Samajwadi Party chief Akhilesh Yadav said that the Bill has been introduced after a well-thought out political strategy by the ruling BJP. “The BJP is trying to appease its hardcore supporters. Why are you allowing people of other religions in Waqf boards when this was not done in other religious bodies,” he questioned.

DMK MP Kanimozhi said that it is a “sad day” for democracy. “We have taken an oath on the Constitution. But this Bill is against the Constitution, a religious minority and federalism. It is against human beings. It shuns justice in every possible way,” she said.