The Indian Parliament recently witnessed intense debate surrounding the proposed amendments to the 1995 Waqf Act. Aimed at enhancing the accountability and transparency of Waqf boards, the bill has sparked considerable discussion across the political spectrum.
In an exclusive interview with Megha Sharma, Executive Editor, NewsX, prominent political figures including Congress MP Shashi Tharoor, BJP MP Smriti Irani, BJP spokesperson Shazia Ilmi, and Congress MP Karti Chidambaram discussed the controversial Waqf Bill. The discussion provided a comprehensive overview of the varying stances within India’s political landscape on this critical piece of legislation, which has significant implications for the management and control of Waqf properties.
Shashi Tharoor, Member of Parliament from the Congress party, voiced significant concerns regarding the proposed amendments to the Waqf Act. According to Tharoor, the bill raises questions about government interference in religious matters and potential constitutional implications.
Tharoor questioned why the government needed to amend the Waqf Act, which was last revised in 2013, suggesting that there was no clear crisis or widespread dissatisfaction with the existing law. He expressed apprehension that the bill could potentially violate the principles of secularism enshrined in the Constitution, particularly by granting the district collector undue powers over religious bodies, a move he finds inconsistent with how other religious institutions are treated.
“The Waqf board issue is more complicated than just property claims. From our point of view, there are sincere concerns about why the government is interfering in the affairs of one particular religion. It’s a pattern this government seems to relish,” Tharoor stated. He emphasized that the government’s involvement in the administration of religious affairs, particularly through the Waqf board, could undermine federalism and the autonomy of religious institutions like madrasas.
Tharoor also highlighted the potential legal and constitutional ramifications. “There’s a question of why non-Muslims should be included in a board overseeing a purely Muslim charitable organization. This raises concerns about whether constitutional rights to freely practice and propagate religion are being compromised,” he added as he went on to criticise the bill’s proposal to include non-Muslims in the Waqf board, questioning whether this was necessary or aligned with the principle of religious autonomy.
On the issue of specific cases, such as the recent ruling regarding the Burhanpur fort, Tharoor suggested that the judiciary should handle disputes rather than legislative amendments. “I’m not going to pronounce on individual cases without detailed study. However, I believe that the courts should resolve such issues, and the necessity of this bill remains unclear,” he remarked.
One specific example Tharoor addressed was the recent case where a Waqf court claimed the Burhanpur fort as Waqf property, which the High Court subsequently questioned.
In contrast, Smriti Irani, former Union Minister for Minority Affairs and current BJP leader, presented a supportive stance on the amendments. Irani emphasized the need for reforms to address issues of governance within Waqf boards and promote inclusivity. Irani emphasized that the bill addresses various issues within the Waqf system, including the verification of property claims and the inclusion of women in decision-making roles.
“The proposed amendments are designed to enhance the efficiency and transparency of Waqf boards,” Irani asserted. She highlighted the importance of including women in Waqf boards and protecting the inheritance rights of Muslim women. “Women will now have a respected place on the boards, and Waqf earnings can be used to support widows and divorced women,” she added.
Irani highlighted several key amendments in the bill, such as the mandatory verification of Waqf property claims and the revision of board compositions to ensure better governance. She argued that the bill is not merely a land reform but also a step toward inclusivity and justice for Muslim women. By mandating women’s representation on the Waqf board and using Waqf earnings to support widowed and divorced women, the bill aligns with broader government efforts to empower marginalized groups within the Muslim community.
Irani reflected on her previous role as Union Minister for Minority Affairs, noting that the reforms, including the right for Muslim women to undertake the Hajj without a male companion, demonstrate the government’s commitment to aligning legislative changes with Islamic principles and constitutional values.
Irani also addressed criticisms of the bill, noting that previous boards have overstepped their functions, leading to issues such as mismanagement and abuse. “For instance, the Telangana Waqf board has been involved in handling divorces and marriages, while the Andhra Pradesh board declared Ahmadis as non-Muslims—a role beyond their mandate,” she pointed out.
Regarding opposition claims of inadequate consultation, Irani defended the government’s approach. “Requests for consultations were sent to every state government and Waqf board. The government’s decision to establish a Joint Parliamentary Committee (JPC) further demonstrates a commitment to broad consultation and cooperation,” she stated.
Irani further countered that extensive deliberations had taken place with state governments, Waqf boards, and various community groups. She asserted that the establishment of a Joint Parliamentary Committee (JPC) further reflects the government’s commitment to ensuring diverse viewpoints are considered before finalizing the legislation.
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Shazia Ilmi, BJP National spokesperson, argued that the amendments are a necessary step to address longstanding issues of mismanagement within the Waqf boards. She criticized previous administrations for their handling of Waqf properties and emphasized the need for reform.
Ilmi argued that the Waqf properties, which are substantial in size and value, have not been effectively utilized to support the poor and marginalized as intended.
“The bill is crucial not only for empowering women but also for addressing the economic and social issues faced by the less privileged Muslim community,” Ilmi stated. She highlighted the disparity between the value of Waqf properties and the socio-economic status of the Muslim community. “With properties worth 9.54 lakh acres, there’s been a shocking mismanagement. These assets could significantly benefit the community if properly utilized,” she added.
Ilmi criticized the 1995 Waqf Act for its inadequate mechanisms for property verification and dispute resolution, highlighting how the bill’s amendments seek to address these issues. She emphasized that the bill introduces more rigorous verification processes and legal recourse options, which she believes are necessary for preventing misuse and ensuring that Waqf resources are used effectively for charitable purposes.
Ilmi also addressed concerns about property claims and verification. “The bill aims to streamline the verification process and ensure that properties are accurately registered. There should be no place for arbitrary claims or misuse,” she explained. She criticized the previous act for granting excessive powers to Waqf boards and called for accountability and transparency.
Ilmi, while concluding, also condemned past mismanagement and corruption within Waqf boards, pointing to examples like arbitrary claims over land and the misuse of Waqf properties. She welcomed the bill’s provisions for improving transparency and accountability, arguing that they are vital for ensuring that Waqf resources are directed toward genuine charitable activities rather than being squandered or misappropriated.
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