Atir Khan

The Waqf Amendment Bill 2024 has sparked a nationwide movement within the Muslim community. It's crucial that this movement remains authentic and isn't co-opted by any external forces.

While the increased engagement in the democratic process is encouraging, there is a need for vigilance as some elements with vested interests are influencing the discourse negatively. The government's proposal of the Bill has elicited strong reactions, which quite understandably many are attributing to political motivations.

Opposition leaders are actively advocating for the Muslim community, Union Minister Kiren Rijiju on the floor of the house has made a statement that the intention of introducing the Bill is in the interest of the community.

In this backdrop, it is important to approach this situation with trust and openness. The movement advocating for necessary amendments has, for the most part, been constructive. However, there are attempts to project the Bill as communal and this is counterproductive.

Some concerning posts are emerging on social media, where certain anti-social elements are trying to instill fear and create panic in the community. They claim that the Bill would lead to the government taking control of mosques and graveyards.

Calls to oppose the Bill by changing WhatsApp display pictures such as ‘I reject Waqf Bill’ and social media statuses are becoming prevalent. Such actions may not serve the best interests of the community and could instead foster a negative perception.

Members of Civil society after meeting Jagdambika Pal, Chairman, JPC

The Waqf law has been there since 1913/1923; it was codified in 1954, 1995, and 2013 during the British period. Primarily the system functions under the Central Waqf Council, Waqf Boards in respective states, and the Waqf Tribunals.

Syed Akhter Mahmood, former IRS who drafted the 2013 amendment bill believes that there are certain irrelevant provisions in the 2024 Bill. However, there is also a need to improve the existing provisions such as maintenance of Waqf property websites.

He says there are many recommendations from the 2013 Bill which have not been implemented and if considered by the JPC could make the law effective. There is a need for affirmative action and constructive dialogue.

Efforts to downplay the need for reforms and present the proposed changes as an attack on Muslims need proper application of mind. The debate over the Bill in Parliament highlighted differences between BJP and Opposition members.  Despite reassurances from Union Minority Affairs Minister Kiren Rijiju, dissent persisted and finally, it was handed over to a Joint Parliamentary Committee (JPC) led by veteran MP Jagadambika Pal for review and soliciting more public input.

This initiative has garnered substantial feedback from the Muslim community, reflecting a largely positive response. Notable leaders, including Najeeb Jung, Lt. Gen Zameeruddin Shah, and Zafar Mahmood, have contributed their views to the Committee, showcasing constructive engagement.

Additionally, videos encouraging community members to participate by submitting their suggestions to the JPC have been widely circulated and have generally fostered a positive democratic engagement. Despite this, misinformation about the Bill continues to proliferate on social media.

Many points need the Government’s reconsideration but outright rejection of the bill without even understanding it properly would be highly inappropriate.

The encouraging news is that many Muslims have individually submitted their suggestions via email to the Committee. However, figures like Zakir Naik have used their platforms to incite people against the Bill.

The Community's engagement with the government must remain direct and free from the influence of vested interests. To get more clarity the fundamental question the Muslim community must address is whether the current Waqf management system is functioning effectively.

Historically, the system has been plagued by corruption, mismanagement, and misuse of the Waqf properties. There are more than 50 Waqf properties whose ownership is also claimed by the Archeological Survey of India. While the management is being handled by the Waqf Boards, the maintenance and protection have been ASI's responsibility since 1914. 

Understandably the priority of the Waqf Boards had been to generate income for social work from the properties by allowing commercial activities, while ASI’s mandate is the restoration and preservation of these monuments.

This conflict has remained unresolved. While the Waqf-initiated commercial interests are important, it can not be denied that these monuments and properties have a heritage value.

There is a need to take a rational view in consultation with the governments or the courts of law wherever the parties have gone into litigation. The pendency of court cases has been another major issue.

Waqf remains the third-largest landowner in India, after Defence and Railways. If managed properly, this resource could have greatly benefited the community.

Past experiences, such as those with the Shah Bano and Ram Janmabhoomi cases, illustrate the pitfalls of being swayed by rhetoric.

As participants in a democracy, it's crucial to navigate the Waqf Amendment Bill 2024 with a clear, rational approach. And iron out the differences.  

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The movement surrounding it should be directed positively to avoid it becoming another missed opportunity. Advocate for your rights through civil means, but ensure that the movement is not manipulated by external agendas.