Lok Sabha Passes Waqf Amendment Bill After Intense Debate, Opposition Calls It ‘Assault on Constitution’

New Delhi: The Lok Sabha passed the Waqf Amendment Bill in the early hours of Thursday following a marathon 12-hour debate that extended well past midnight. The contentious legislation was approved by 288-232 votes, despite strong resistance from opposition parties, who labeled it an attack on minority rights. The bill, which seeks to amend the Waqf Act of 1995, will now be tabled in the Rajya Sabha for further discussion.

The proposed legislation introduces several key changes, including the mandatory inclusion of two non-Muslim members in the Central Waqf Council and Waqf Boards. It also stipulates that only individuals who have practiced Islam for at least five years can donate property to Waqf. Additionally, the bill proposes that government land identified as Waqf will cease to belong to Waqf unless a senior government official verifies the claim, replacing the existing Waqf tribunal system.

Defending the bill, Union Home Minister Amit Shah said it aimed to address land misappropriation under the current Waqf system. He claimed that large tracts of government, temple, and private lands had been wrongfully designated as Waqf properties due to loopholes in the existing law. Citing examples, he said, “Properties in Delhi’s Lutyens zone were given to Waqf, and they started taking over government land. In Tamil Nadu, a 400-year-old temple’s property was declared as Waqf. Land meant for a five-star hotel was leased to Waqf for just ₹12,000 a month.”

Shah further emphasized that the bill does not interfere with religious practices but seeks to ensure that only self-owned properties can be donated to Waqf. He also pointed out that the bill protects women’s inheritance rights, ensuring they receive their share before any property is dedicated to Waqf.

The Opposition strongly opposed the bill, with Congress MP Gaurav Gogoi calling it an attempt to disenfranchise minorities and accusing the government of using legislative power for political polarization. “This is an assault on the Constitution. The aim is to dilute minority rights, defame the community, and create division in society,” Gogoi argued.

In a dramatic protest, AIMIM chief Asaduddin Owaisi tore a copy of the bill, drawing parallels with Mahatma Gandhi’s defiance of British laws in South Africa. Meanwhile, Shiromani Akali Dal MP Harsimrat Kaur Badal criticized the government’s move, saying, “The BJP, which has no Muslim MPs, is suddenly concerned about Waqf? This is nothing but an attempt to divide minorities ahead of elections.”

Key Provisions of the Waqf Amendment Bill

• Inclusion of Non-Muslims: Two non-Muslim members will be added to the Central Waqf Council and Waqf Boards for inclusivity.
• Five-Year Practice Clause: Only individuals who have practiced Islam for at least five years can dedicate property to Waqf.
• Government Property Ownership: Government-owned land identified as Waqf will undergo review by a senior official, replacing Waqf tribunal oversight.
• Women’s Rights: Ensures inheritance rights for women before Waqf declaration, with special provisions for widows, divorced women, and orphans.
• Trust Exemption: Muslim charitable trusts registered under other laws will no longer be classified as Waqf.

Following the bill’s passage, the All India Muslim Personal Law Board announced its intention to challenge the law in court, calling it unconstitutional. Board spokesperson Mohammad Mohsin stated, “We will launch nationwide protests, just like farmers did. If needed, we will block roads and take all peaceful measures to oppose this bill.”

With the bill now heading to the Rajya Sabha, another heated debate is expected, as both the government and the opposition brace for a final showdown over the controversial amendments.