Amendments to Waqf Act- Changes represent significant threat to Waqf autonomy: Mirwaiz Umar Farooq
BJP terms Mirwaiz’s appearance before parl panel as ‘good’
New Delhi: Expressing “serious and deep concern” over the proposed amendments to the Waqf Act, Jammu and Kashmir Mutahida Malis-E-Uleme (MMU) patron Mirwaiz Umar Farooq has said the proposed changes represent a significant threat to the autonomy and functioning of the Waqf.
In a written submission to the Joint Parliamentary Committee on the proposed Waqf (Amendment) Bill, 2024, the MMU said the collector has been given absolute power to change the nature of the Waqf properties into “government properties” by “simply” passing orders and changing the entries in the revenue record.
The Mirwaiz, who is also the chairman of the separatist grouping Hurriyat Conference, said in the submission that the “arbitrary powers” given to the collector regarding both disputed and undisputed Waqf properties give him immense control over them.
“This action seeks to undermine the very purpose of the Waqf Act, which is to protect and preserve the properties dedicated to religious and charitable purposes by the Muslim community members,” the MMU said in its submission.
These amendments are completely against the interests of the Muslim community and also violate the universally accepted fundamental rights of communities, it said.
“Waqf properties are personal properties dedicated by Muslims in the name of God for the benefit of their society and to help the underprivileged. Such religio/social institutions warrant the least interference from the State. But the government proposed amendments represent a significant threat to the autonomy and functioning of this institution,” it said.
The written submission was made by a delegation led by the Mirwaiz who is also the religious head of the majority community in Kashmir.
It expressed concern about the reduction of Muslim representation and increase in the number of non-Muslim representation up to 13 in the Central Waqf Council and seven in the state Waqf Boards. Earlier, all members except one were Muslims and were elected, it added.
“Even the provision that the CEO of the Waqf Board shall be a Muslim has been removed. These proposed changes are totally unacceptable as they will severely undermine the independent functioning of the Waqf Board by direct interference from the State nominated non-Muslim Board members,” it said.
The removal of the provision of “Waqf by user”, which recognised that the long use of the property as a Waqf for religious and charitable purposes will establish its dedication as Waqf, will aggravate communal claims over mosques and madrassas, dargahs, astans and qabristans existing for centuries but not recorded as such in the revenue records.
“…the proposed amendments will give the government the power to remove Waqf properties from the list of protected properties. This will allow the government to seize or sell valuable Waqf properties, leaving the Muslim community with fewer resources to support its religious and charitable activities,” it said.
Terming the changes as a violation of the Muslim Personal Law, the submission stated that the changes will exacerbate the sense of insecurity and mistrust among the Muslim community, who already feel threatened, as their religious properties will no longer be safe from government interference.
“Muslim majority region of Jammu and Kashmir feels very strongly about these amendments to the Waqf Act, seeing it as another attempt at undermining our religious freedom and the autonomy of institutions,” the submission said and urged the government to engage in meaningful talks with the Muslim community to address these apprehensions and concerns while taking suggestions from them.
Meanwhile, several BJP members took heart from his decision to be part of the constitutional process as the Hurriyat leader has been associated with separatist politics in the Valley.
“The best part was that he put his points strongly and cited his constitutional right to express his objections to different clauses of the Bill,” BJP MP Sanjay Jaiswal, a member of the joint committee of Parliament scrutinising the proposed law, said.
He claimed that opposition members deliberately created an “episode” so that the delegation of Muslim clerics led by Farooq could not express their views before the committee.
Though Farooq appeared before the BJP MP Jagdambika Pal-led committee in his capacity as patron of Mutahida Majlis-e-Ulema, a body of Muslim bodies from the region, he is also the leader of the moderate faction of Hurriyat, a separatist conglomerate, which has gone virtually defunct following the central government’s crackdown.
That he stepped out of the Valley to be part of a constitutional process was seen as significant by many political watchers.
“It is good that he became a part of the democratic process,” BJP MP Radha Mohan Das Agrawal, also a member of the committee, said.
Jaiswal, though, stressed that a term like “separatist” should not be used for anyone appearing before Parliament. Parliamentary committees are considered a mini Parliament.
In his written submission before the committee, the Mirwaiz criticised the proposed amendments in the Waqf Act as a violation of the Muslim Personal Law that he added was protected under “Article 25 of the Indian Constitution”.
Sources said he also invoked Article 26, which provides for the freedom to manage religious affairs, to argue against the draft law.
Continuous protests by opposition members from the Congress, Trinamool Congress and the DMK, among other parties, delayed the panel’s proceedings as they wanted the next sitting for members to discuss the Bill clause-by-clause on January 27 postponed.
They wanted more time to study the matter and submissions by stakeholders from around the country.
Pal, however, said they were deliberately trying to scuttle the meeting despite being given adequate time to present their views. All 10 opposition MPs were later suspended, following which the proceedings began.
