Former Union Minister of Minority Affairs and ex-Deputy Chairman of the Rajya Sabha, K Rahman Khan, voiced strong opposition to the Waqf Amendment Bill, which is currently under scrutiny by a Joint Parliamentary Committee (JPC). In a letter addressed to the Committee, Khan urged MPs to reject the proposed legislation, which aims to overhaul the Waqf Act of 1995. Khan claims the bill, introduced by Minority Affairs Minister Kiren Rijiju in Lok Sabha on 8 August, blatantly reflects prejudice. Khan headed two JPCs.

Here is the letter:

The Waqf Amendment Bill, 2024: A Critique of Prejudice and iii-Will

In my long tenure of 24 years in Parliament, during which I had the privilege to serve as the Deputy Chairman of the Rajya Sabha for eight years, I have witnessed  the  introduction  of  numerous  legislative  measures  aimed  at improving  governance,  advancing  social justice,  and fostering economic progress. However,  I must express my deep concern and disappointment regarding  the  Waqf  Amendment  Bill, 2024. Never  before  have I encountered  legislation that so blatantly reflects prejudice and ill will.

The Waqf Amendment Bill, as presented, appears to be a deviation from the spirit of fairness and constitutional values that guide our law-making process. It seeks to amend existing provisions governing Waqf properties, institutions that are historically and culturally significant for the Muslim community.

Lack of Consultation and Due Process

The very foundation of a successful democracy is built on consultation, dialogue, and mutual respect for diverse perspectives. Unfortunately, in the case of the Waqf Amendment Bill, the lack of meaningful consultation with key stakeholders, including the Waqf Boards and the Muslim community, is glaring. This oversight not only raises questions about the legitimacy of the proposed changes but also points to a deeper malaise—a disregard for the voices of the minority communities affected by these amendments.

Disempowerinq the Waqf Boards

The amendments seem to disempower the Waqf Boards, which have historically played a crucial role in safeguarding and managing Waqf properties. Instead of strengthening their capacity to manage these assets effectively, the Bill appears to curtail their autonomy.

A Call for Reconsideration

The Waqf Amendment Bill, 2024, in its present form, not only fails to meet these standards but also risks further alienating communities that already feel marginalized. I urge the Parliament to engage in a more inclusive and transparent process, wherein the concerns of all stakeholders are  addressed with sincerity and fairness.

A Flawed Justification for Unjust Amendments

In the statement of objects and reasons for the Waqf Amendment Bill, 2024, the government claims that the Bill is based on the recommendations of the high-level committee chaired by Justice Rajinder Sachar, the Joint  Parliamentary Committee on Waqf, and the Central Waqf Council. It is  further asserted that the amendments proposed in 2013, following detailed consultation with stakeholders, are insufficient, and thus, additional  amendments are needed to address concerns relating to state Waqf  Boards, the registration and survey of Wakf properties, and the removal of encroachments, among other issues.

However, upon closer examination, it becomes evident that the 2024 Bill does not build upon the 2013 amendments but rather undermines the  comprehensive reforms painstakingly crafted through dialogue with all  relevant stakeholders. The amendments of 2013 were the result of a wide- ranging consultation process, drawing from two committee reports and with input from those most affected by Waqf legislation.

Violation of Constitutional Rights

The Waqf Amendment Bill, 2024, is not only a retrograde step in terms of policy but also contravenes several key provisions of the Constitution. By stripping the Waqf Boards of their autonomy and eroding the safeguards for Waqf properties, the Bill is in direct violation of Articles 14, 25, 26, and 29 of the Constitution.

Article 14: It guarantees equality before the law, is violated by the Bill’s arbitrary concentration of power in the hands of government-appointed officials, leaving the Waqf Boards without any real authority or independence.

Articles 25 and 26: It protect religious freedom and the right to manage religious affairs, are similarly undermined. Waqf properties, which have been established through the contributions of the Muslim community and are meant to serve charitable and religious purposes, are being brought under state control, stripping the community of its right to manage its own affairs

Article 29: It safeguards the cultural and educational rights of minorities, is also at stake, as the Bill’s provisions erode the foundations of Waqf institutions, which are not only religious but also cultural in their significance to the Muslim community.

Undermining the Autonomy of Waqf Boards

Perhaps the most alarming aspect of this Bill is its blatant attempt to strip the Waqf Boards of their autonomy. While the 2013 amendments aimed to empower the elected Waqf Boards to manage and protect Waqf properties effectively, the 2024 Bill seeks to reverse this progress. By converting the Waqf Boards into fully nominated bodies, the Bill removes the element of community representation and accountability. What was once an elected body, responsible to the people and the Waqf institutions, will now be dominated by government nominees, with little regard for the interests or concerns of the Muslim community.

Moreover, the Bill withdraws the powers of the Waqf tribunals, which were established to ensure fair adjudication of disputes relating to Waqf properties. By removing these tribunals, the Bill leaves the fate of Waqf properties in the hands of the district collector—an unelected bureaucrat who is often disconnected from the specific needs and concerns of the local Waqf institutions and the community they serve.

No Contribution From The Government

One of the most glaring ironies of the Waqf Amendment Bill, 2024, is that the government is seeking to exert greater control over Waqf properties— despite having made no contribution to their creation. Waqf properties are not state assets; they are the result of centuries of charitable endowments made by individuals from the Muslim community for religious and social purposes. These properties have historically been managed by the community itself, through the Wakf Boards, with the government playing only a regulatory role.

A Deeply Prejudiced Bill

It is difficult to escape the conclusion that the Waqf Amendment Bill, 2024, has been drafted with an intent to undermine the Waqf system, marginalize the Muslim community, and erode their rights over religious and charitable endowments. Whoever has drafted this legislation has done so with a  mindset of prejudice and hostility toward the Waqf system, its properties, and the community it serves.—Salar News

K Rahman Khan was the former Union minister of minority affairs, former deputy chairman of Rajya Sabha