| PYQ Relevance: Q). “The diverse nature of India as a multi-religious and multi-ethnic society is not immune to the impact of radicalism which is seen in her neighborhood? Discuss along with strategies to be adopted to counter this environment. (UPSC CSE 2014) Q). What are the challenges to our cultural practices in the name of Secularism? (UPSC CSE 2019) Q). Customs and traditions suppress reason leading to obscurantism. Do you agree? (UPSC CSE 2020) Q). Are tolerance, assimilation, and pluralism the key elements in the making of an Indian form of secularism? Justify your answer. (UPSC CSE 2022) |
Mentor’s Comment: Sometimes, the religious sentiments among the public infringes the very particulates of the secular governance. The Waqf (Amendment) Bill 2024 has also sparked same controversy in India, particularly among the Muslim community and various political leaders. Critics argue that the bill threatens the autonomy of Waqf properties, which are religious endowments, by increasing government control and including non-Muslim members in Waqf boards.
However, the Joint Parliamentary Committee (JPC) reviewing the bill received an overwhelming response from the public, with conflicting reports on the number of suggestions submitted that ranged from 1.25 crore to 5 crore, which prompted some government officials to question the legitimacy of this feedback. In today’s editorial, we will have a look at more extra edges that we need to consider while drafting this new law for the Waqf Boards all over India.
_
Let’s learn!
Why in the News?
The Waqf (Amendment) Bill 2024 has sparked significant controversy in India, particularly among the Muslim community and various political leaders.
- The Fundamental Rights enshrined in Part III of the Constitution, prohibits the state from enacting laws that infringe religious rights, declaring any such laws void.
- However, this freedom is subject to considerations of public order, morality, and health, allowing for state intervention only when necessary to maintain societal harmony.
| What does the Indian Constitution say about Religious freedom? • Article 26 guarantees every religious denomination the right to manage its affairs, including the establishment of religious institutions and the ownership of property. • Also, as in Article 13(2), the state is forbidden to make any law that takes away or abridges the rights conferred by this Part, declaring that any law made in contravention of this clause shall be void. |
What are the criticisms faced by the Waqf Bill 2024?
- Potential Misuse of the Power: The bill proposes 44 amendments to the existing Waqf Act of 1995, including the replacement of Waqf tribunals with District Collectors for property disputes. The opponents labeled this as a politically motivated move to weaken the Muslim community.
- Threatens the Religious Autonomy: The Religious Endowments Act, of 1863 says that the ‘members of the said committee shall be appointed from among persons professing the religion for religious establishments”. Secondly, the UP’s Sri Kashi Vishwanath Temple Act, 1983 provides that no non-Hindu is eligible to be a member of its management at any level.
- However, the Minority Affairs Ministry has proposed through the Waqf Bill 2024 that two member seats each in the Central Waqf Council and all the State Waqf Boards be reserved for ‘non-Muslims’.
- The All India Muslim Personal Law Board (AIMPLB) and other organizations have mobilized against the bill, claiming it undermines constitutional rights and could exacerbate communal tensions
- Lack of Consultation: The Justice Rajinder Sachar Committee spent 18 months gathering data to draft the Waqf (Amendment) Act 2013, which strengthened the Waqf law in India. Unlike previous committees, the current Ministry did not engage with key stakeholders such as the Central Waqf Council or Muslim organizations before drafting the bill.
Why the reconstitution of CWC is necessary?
The Ministry is urged to quickly reconstitute the Central Waqf Council (CWC) according to existing waqf laws to oversee data collection from states. For two years, it needs to monitor state Waqf Boards and manage waqf properties closely that have been hindered so far. The reasons are as follows:
- Membership Changes: The 2024 Bill proposes reducing Muslim membership in the CWC and State Waqf Boards from 100% to less than 50%, raising concerns about community representation.
- Legal Concerns: The Bill aims to remove the requirement for CWC officials to be Muslim, contradicting constitutional rights related to religious management.
- Women’s Representation: Confusion exists over the proposal for female representation in the CWC, which was already established in a previous amendment.
- Re-registration Requirement: Existing waqfs must re-register under a new government-controlled portal, risking legal rights for those who fail to comply.
- Removal of Donor’s Will: The Bill proposes discontinuing the mandatory implementation of the donor’s will, compromising existing waqf governance.
Way Forward: The Waqf (Amendment) Bill 2024 represents a significant shift in the governance and management of Waqf properties in India. As the Bill undergoes review, stakeholders must ensure that it balances the need for reform with the preservation of community rights and interests, fostering a system that genuinely serves its intended religious and charitable purposes.
