In Lok Sabha, Kiren Rijiju cites two examples of land being declared Waqf property: 'Can you imagine?'

Union minority affairs minister Kiren Rijiju put up a staunch defence of the Waqf (Amendment) Bill after introducing it in Lok Sabha on Thursday.

The bill, which has been referred to the joint parliamentary committee, proposes sweeping changes to the Waqf Act, 1995, including the introduction of a district collector as an arbiter to determine whether a property is a Waqf asset or government land.

Rijiju, who spoke at the length about the amendments proposed by the government, said that the bill does not intend to interfere with the freedom of any religious body and that no provision of the Constitution has been violated.

He also said that the Waqf Act, 1995 did not serve its purpose and that is why the amendments were planned by the Centre. He said in the earlier law, there was no provision to challenge or review the order or judgment of the tribunal. Now, provision was being made for verdicts to be challenged at higher courts, the minister said.

Rijiju supported his defence of the bill with two specific cases of properties being declared as Waqf land.

"In Tamil Nadu, in the Tiruchirappalli district, there was a 1,500-year-old temple. When a person went to sell his 1.2 acres of land, he discovered that his village’s land was classified as Waqf property. The village’s history is 1,500 years old, and all the land in that village has been declared as Waqf property ... When such things happen, do not view them through a religious lens," he said.

In another example, he said that the Surat Municipal Corporation headquarters was declared Waqf property.

"This was not private land. The entire SMC headquarters was declared as Waqf property. Can you imagine? How can this happen," he said in the Lok Sabha.

Rijiju said that there are provision in the existing Waqf law that are above the provisions of the Constitution.

"In our country, no law can be a super law and that can't be above the Constitution. However, in the 1995 Waqf Act, there are provisions that are above the provisions in the Constitution. Shouldn't that be changed?" he asked.

He said that the Centre only intends to correct the wrongs which have been done in the past, in a dig at the past Congress governments.

The Bill to amend the law governing Waqf boards proposes far-reaching changes in the 1995 Act, including ensuring representation of Muslim women and non-Muslims in such bodies.

According to its statement of objects and reasons, the Bill seeks to omit Section 40 of the current law relating to the powers of the board to decide if a property is Waqf property.

It provides for a broad-based composition of the Central Waqf Council and state Waqf boards, and proposes to establish a separate board of Auqaf for Boharas and Aghakhanis. It provides for representation of Shias, Sunnis, Bohras, Agakhanis and other backward classes among Muslims.

It also aims at renaming the Act as the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995.

What is Waqf?

Waqf refers to the properties dedicated exclusively to religious or charitable purposes under Islamic law. Waqf Boards currently control 8.7 lakh properties spanning 9.4 lakh acres across India with an estimated value of Rs 1.2 lakh crore. It makes them the third largest landowner in India after the armed forces and the Indian Railways. The 1995 Waqf Act was passed to regulate 'auqaf' (assets donated and notified as Waqf) by a 'wakif' (the person who dedicates the property). The legislation was last amended in 2013.

What is a Waqf board?

It is a legal entity capable of acquiring, holding, and transferring property. Each state has a Waqf Board led by a chairperson, including nominees from the state government, Muslim legislators, parliamentarians, members of the state Bar Council, Islamic scholars, and mutawalis (managers) of Waqfs with an annual income of Rs 1 lakh and above.

(With inputs from agencies)