IOS organises Consultative Meeting on Waqf Amendment Bill, 2024

IOS organises Consultative Meeting on Waqf Amendment Bill, 2024

New Delhi: A consultative meeting on Waqf Amendment Bill, 2024 was organized by the Institute of Objective Studies (IOS) on August 25, 2024 at the Board Room of the Constitution Club of India, New Delhi.

The meeting was presided over by the former Union Minister of Minority Aaffairs, Government of India, Mr. K. Rahman Khan.

In his introductory remarks, secretary general of the IOS, Mr. Mohammad Alam said, “The Institute of Objective Studies look for academic and scholarly approach for issues and challenges. IOS has a long history of working on issues related to Waqf and produced valuable data and research on the subject.” He observed that we have a lot many concerns which needed to be thoroughly dealt with, and an objective approach was adopted. “We also intend to form a core group which will not stop at engaging with the present situation but will work to define and design a strategy and plan as to how to educate the community on Waqf and its utility, its prudent management which can be properly utilized to empower the community and benefit the deserving people”, he said.

In his presidential speech, Mr. K. Rahman Khan, former Union Minister of Minority Affairs, Govt. of India, held that the Waqf Amendment Bill, 2024 was being examined by Joint Parliamentary Committee (JPC). The Bill should be discussed clause by clause, before sending our objections and suggestions to it. He described the nomenclature of the Bill as unnecessary and undesirable. There was nothing logical in the nomenclature. The change in the name of the Bill smacked of malafide intention of the government. The change was sought to dismantle the entity of Waqf. He called for releasing the new name of the Waqf Amendment Bill. With the change in the name, the common man would be put to a disadvantage because of inability to comprehend what the Waqf was. The proposed Bill had no unified approach to the issue and no provision for the development of the Waqf properties.  He noted that an attempt had been to sub-divide categories. As a former Union Minister, he addressed the issues of Aghakhanis and Bohra communities. There was also a question of viability in the proposed Bill. He said that a member of these communities could have been accommodated. But this was not done in the last 10 years, though there was concentration of population of that community in Surat. This was necessary because there was no operational Board for Shias. There were no Boards for them in the states other than Gujarat, he observed.

He further said that under Section-3 of the proposed Bill, no Mutawallis would be appointed verbally. The Waqf Boards would not have the power to appoint them verbally. He referred to a mosque in Chennai, where no record of its existence was available. Waqf meant the dedication of an asset for the pleasure of Allah. He described the proposed Bill as mischievous and suggested that all the questions arising out of the Bill should be put to members of BJP for their reply. While registering no opposition to provision for audit and accounts, he stressed that the amendments to the proposed Bill should be drafted. He sought to know why Masajids, Khanqahs, Qabristans should be used by communities other than Muslims. He also called for fully concentrating on the Bill because not much time was left for making representation to the JPC. He reproved that as against the earlier practice of reaching a consensus on an important issue, this time stakeholders were not taken on board. But in the changed situation, we should be ready to face any challenge. He said that some non-Muslims had also created Waqf but they could not manage the affairs of it. Non-Muslims might benefit from the Waqf property, but they could not be vested with the power to manage it. He called for rejecting the Bill in the present form. He also spoke on the creation of Waqf Alal Aulaad. Problems arose due to the flaws of the country’s legal system. He said that instead of the government, Muslims should have control over Awqaf. The Tirupati Temple Act and Kashi Vishwanath Temple Act provided that only Hindus would be nominated to their Boards. Contrary to this, why should then the provision for the nomination of non-Muslims as members of Waqf Boards be made, he questioned.

Participating in the discussion, Professor Emeritus Islamic Studies, Jamia Millia Islamia, and former vice-chancellor, Maulana Azad University, Jodhpur, Prof. Akhtarul Wasey, held that the Bill was the outcome of a majoritarian approach which was unlikely to change. This only showed their arrogance. It was surprising that they did not show any inclination nor did they feel it necessary to bring the Bill during the last ten years’ of their rule. But they woke up to the need for change all of a sudden at the time of Lok Sabha elections. He emphatically stated that the Bill had been brought to punish a community after their failure to secure 400-plus seats in the elections. He suggested that Mr. K. Rahman Khan, former Union Minister of Minority Affairs, Govt. of India, Dr. Syed Zafar Mahmood, President of Zakat Foundation of India and Mr. Mohammad Alam, Secretary General, Institute of Objective Studies should sit together and prepare a questionnaire to be presented to the JPC for consideration. The said questionnaire should be given in writing on behalf of the community or Muslim organisations. He also suggested that no comments on the points of agreement or acceptance be made in public. There should be uniformity in the point of views so as to look like unanimity in the community on the issue. Differences within the community should not come out in the open, he stressed.

He further said that there were around 4500 khuddams in various Sufi shrines and their opinion carried with the community. So, they should be roped in. Their opinion would send out a positive message to the powers that the “Diwan of Ajmer Sharif Dargah is not a hereditary incumbent as he is nominated by the Government of India. The so-called Sufi organization is backed by the government and as such he has no locus standi and no influence over the Muslim community.” He noted that the JPC had 8 Muslim members. One each came from Janta Dal (United), Telugu Desham Party, Lok Jan Shakti Party and Rashtriya Lok Dal. They could favourably plead our case. He suggested that the IOS should hold talks with the functionaries of Gurdwaras Management Committees. He called for giving the community’s voice to others as well in order to seek their support. He held the community as well as the government for the present imbroglio. He said that the entire Bill had been designed with an ulterior motive to cause damage to Muslims. He suggested that a 4-member committee with Mr. Mohammad Alam as its convener, be set up to draw up a list of suggestions to be presented to the JPC. He commented that their slogan of crossing 400-mark in the elections turned out to be a fiasco. The slogan backfired, he said.

President of the Zakat Foundation of India, Dr. Syed Zafar Mahmood, described the Waqf Amendment Bill as dangerous. He said they were attacking the legacy by making a provision for the appointment of the chairman of the Waqf Board by written order. “If a non-Muslim wants contribute to waqf, he can do so. There is no justification for any amendment to the Act. Thus the amended Bill must be annulled in its entirety.” He held that they inserted advertisement regarding the amendment in every newspaper of every language. He questioned the rationale behind making amendments in the Act. How did they feel the need for such amendments? Did they ever visited any of the Waqf Boards to acquaint themselves with its working? He asked if the Mutawallis had been taken into confidence before drafting the amendment Bill. He further questioned if they wrote to any of the stakeholders before doing the exercise. He suggested that statements of all stakeholders be obtained and sent to the JPC for discussion, examination and consideration. Questions arising out of the amendments should be made available to the Members of Parliament, like Mr. Asaduddin Owaisi and Mr. Sanjay Singh for their perusal and as a ready reference. Besides, point-by-questions and their answers be readied. They wanted an upper hand of the Centre as well as states in regard to Awqaf. He informed that letters of objections to the Bill had already been sent to the chairman and members of the JPC. He further pointed that letters regarding objections to the Bill had also been sent to several prominent people, including Mr. Najeeb Jung and Dr. Udit Raj. Detailed information regarding Waqf had been uploaded on the website of the Zakat Foundation, which can be accessed at www.zakatindia.org. 

Dr. Syed Zafar Mahmood said this Bill is violative of Article 13 (2) of the Indian Constitution which reads, “The State can not make laws that take away or limit the rights given by Part III of the Constitution.” Under the provisions of the amended Bill, two members of the Central Waqf Council will be non-Muslims. It also provides for two non-Muslim members of the State Waqf Boards. It has been further provided that a non-Muslim can also be the chairman of the Waqf Board.

Assistant General Secretary of the All India Milli Council, Mr. Shaikh Nizamuddin suggested that a core group be formed to prepare material for presentation to the JPC. He called for launching a mass movement against the Bill. He informed that the All India Milli Council is also organizing meetings in this connection. He suggested that all the technical points be put on record.

Chairman of the IOS, Prof. M. Afzal Wani held the IOS is an academic institution and thus it can not launch a campaign. “We can make a sound documentation and do research on the subject.” He said that the lawyers should be engaged and the community leaders be also involved in making out a strong case against the arbitrary amendment Bill. He noted that Waqf was a religious institution and it should not affect the freedom of conscience. “Waqf is dedicated for the pleasure of Allah. The purpose of Waqf is to feed the hungry.” He said that the protection in favour of Waqf should always be there. He noted that the jurisprudence was developed on use and it was recognized everywhere.

Patron of the IOS, Prof. Z.M. Khan emphasized that all the organization should be collated. He said that joint efforts should be made so that the government could realise that the Muslim community was agile.

Other Important Links:

Main points of the proceedings of the IOS Consultative Meeting on “Waqf Amendment Bill, 2024”

An open-house discussion on “Waqf (Amendment) Bill 2024