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Current Affairs ( 4 Apr 2025, NewAgeIslam.Com)

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AIMPLB Rejects Waqf (Amendment) Bill, 2025: Vows to Launch Nationwide Movement and Seek Legal Action

By New Age Islam Special Correspondent

4 April 2025

The Waqf (Amendment) Bill, 2025, was passed by the Lok Sabha and approved by the Rajya Sabha. The Bill faced strong opposition from the All India Muslim Personal Law Board. The Board criticized the Bill for violating fundamental rights and being discriminatory, accusing it of further marginalizing the Muslim community. Following its passage, the Board has called for widespread legal challenges, including an appeal to the Supreme Court, and planned nationwide protests to demand the withdrawal of the amendments. The protests aim to defend the constitutional rights of minorities and preserve India’s secular values. The situation is evolving, and the Board remains determined to continue its fight through legal, political, and social channels.

Following the introduction of the Waqf (Amendment) Bill, 2024 in Parliament, the All India Muslim Personal Law Board convened a press conference. During the conference, the Board stated that the Bill is not only in violation of the fundamental rights enshrined in the Constitution of India (specifically Articles 14, 25, and 26), but it is also discriminatory and a part of the BJP’s communal agenda. The Bill, according to the Board, seeks to strip Muslims of their basic rights, relegating them to second-class citizens. As a result, the Board firmly rejected the Bill. This press conference took place on April 2, 2025, during which the Board issued an official statement on their letterhead. Below is the English translation of that statement:

Press Statement by All India Muslim Personal Law Board New Delhi

April 2, 2025

Today, the Government of India is set to introduce the Waqf (Amendment) Bill in Parliament, which will be presented for approval after a brief discussion. We once again reiterate that this Bill is not only in conflict with the fundamental rights of the Constitution of India (Articles 14, 25, 26) but is discriminatory and part of the BJP's communal agenda, through which they aim to strip Muslims of their basic rights and reduce them to second-class citizens. Therefore, we completely reject it.

This Bill deprives Muslims of all the rights that other religious communities in the country enjoy. Under the various Endowment Acts for Hindus and laws related to religious places of other religious communities, they are entitled to have their institutions managed by people of their own religion, religious places in use are protected, and so on. Now, Muslims are specifically being deprived of these rights, and a major, ugly example of discrimination against Muslims is being set through formal legislation.

Previously, this controversial Bill was introduced in Parliament for discussion, and after strong opposition, it was referred to the Joint Parliamentary Committee (JPC). The JPC sought opinions from relevant individuals. A significant majority of Muslims rejected it, calling it controversial, discriminatory, in violation of fundamental rights, and part of a communal agenda to usurp Waqf properties. The JPC also sought opinions from unrelated individuals, parties, and organizations, who supported the amendments (as per the government's intent).

In the end, after some minor amendments, the JPC submitted its report to the Speaker. The JPC's recommendations made the proposed amendments even stricter and more controversial.

“It is very concerning that through the media, blatant lies and false information regarding this Bill are being spread among the public, misleading them. The points being highlighted as merits of the Bill, such as representation of women, representation of various communities, and the provision for approaching the High Court and Supreme Court in case of disputes, etc., are all already part of the existing Waqf laws, and there is no disagreement on them. Preventing the misuse of Waqf properties or corruption within them is something we all deeply desire. However, there is not a single clause in this Bill that contributes to this goal. The BJP and its allies are misleading the public through outright lies. Therefore, we appeal to the public to form their opinion by examining the Bill directly, rather than listening to the government or the media. We also urge the opposition to address all these questions with clarity and hold the government and its allies accountable."

Our objections to the current Waqf (Amendment) Bill are as follows:

1.       The removal of the condition of Muslim membership for Waqf Board members, the mandatory inclusion of two non-Muslims, and replacing the election process with nomination, as well as exempting the Chief Executive Officer (CEO) and other officials from the Muslim condition (Section 40).

2.       If there is any Waqf property, (Section 40) the authority to make decisions regarding these properties will be transferred from Muslims to the government or another body nominated by the government. This includes decisions regarding the nomination of the survey commissioner, legal proceedings, and the establishment of rules for various authorities. Now, these powers are being taken away from the Waqf Board and given to the government or a body nominated by the government, which will not be Muslim.

3.       We also object to the significant changes in various provisions of the existing Waqf law, such as:

(1) The removal of Waqf as a form of usage (Section 3B).

(2) The condition that a person must be a practicing Muslim for five years to endow their property (Section 5).

(3). The issue of inheritance rights being denied when making a Waqf (Sections 3A, 2).

(4) The intervention of the Collector (now designated officer) through Section 3C. If there is a dispute with the government, the decision will be made not by the Waqf Board but by an officer appointed by the government.

(5) The removal of the exemption from the law of limitation regarding possession.

Section 104, which stated that any property used for religious purposes could be designated as Waqf, being removed is fundamentally wrong and constitutes clear opposition and biased conduct within the entire Waqf scheme. Instead of resolving these controversial issues, the Joint Parliamentary Committee has made them even more stringent and dangerous. For example, bringing in a designated officer instead of the Collector (Sections 2, 3C) will make matters even worse."

Objection was not to the position of the Collector, but rather to the replacement of the Waqf Tribunal with a government official, which strengthened the concern that decisions on these matters would likely be in favour of the government.

The second objection was the condition of being a practicing Muslim for five years in order to make a Waqf. The objection was that this condition of being Muslim is unnecessary and goes against the intent of Shariah. Now, the JPC has made it worse.

Another example concerns Waqf for descendants (Section 3A, 2). It states that when making a Waqf for descendants, it should not be overlooked that the rights of the actual heirs should not be violated. The objection was to the narrow inclusion in this clause. The JPC has worsened it by modifying the clause to state that when making such a Waqf, no one's legal rights should be violated.

These examples clearly show how the amendments recommended by the Joint Parliamentary Committee are weakening the Waqf Act and paving the way for the encroachment of Waqf properties. However, the JPC has dismissed our objections without any consideration. Therefore, we consider the entire process of the Joint Parliamentary Committee to be a waste of time.

Based on the reasons mentioned above, we believe that this Bill has been brought forward under a communal agenda to deprive Muslims of their constitutional rights and push them back. This Bill is entirely discriminatory because similar protections are provided to Hindu and Sikh Waqfs.

We appeal to all secular political parties and all Members of Parliament who have taken an oath on the Constitution of India to completely reject all these amendments brought under this controversial, discriminatory, and communal scheme.

If this controversial and discriminatory Bill is passed by Parliament, the Muslim Personal Law Board will launch a nationwide movement using all constitutional, legal, and democratic means until these contentious amendments are withdrawn.

Press Conference Speakers:

·         Maulana Mohammad Fazl-ur-Rehman Mujaddedi, General Secretary of the Board

·         Dr. Syed Qasim Rasul Ilyas, Spokesperson, Muslim Personal Law Board

·         Mr. Mohammad Adeeb, Former MP & Member, Muslim Personal Law Board

(End of Press Statement by AIMPLB)

The board appealed to all secular political parties and all Members of Parliament who have taken an oath to uphold the Constitution of India to completely reject the amendments introduced in this controversial, discriminatory, and communal scheme. They stressed that these amendments were not just an infringement upon the rights of the Muslim community, but also a step backward for equality and fairness in the country. The board underscored the importance of protecting the constitutional rights of all citizens, especially those belonging to minority communities, and urged lawmakers to stand against any form of discrimination. The board's appeal was clear: if this Bill, which they deem unjust and discriminatory, is passed by Parliament, they would not remain silent or passive. They announced their resolve to launch a nationwide movement, utilizing all constitutional, legal, and democratic means available to challenge this Bill and demand the withdrawal of these contentious amendments.

The board’s statement made it clear that their efforts would not be limited to just vocal opposition but would also involve large-scale, peaceful protests across the country. Their call to action was a reminder to the government that the voice of the people, especially when it is rooted in constitutional values, cannot be ignored.

Now, with the Bill having been passed by Parliament and approved by the Rajya Sabha, the situation has evolved. The board’s concerns about the Bill becoming law have been realized. However, the struggle is far from over. According to recent reports, the board and other concerned parties are now planning to take legal action. One of the key avenues being considered is an appeal to the Supreme Court of India. They aim to challenge the constitutional validity of the amendments and seek justice through legal channels. The board believes that the amendments violate the fundamental rights guaranteed under the Indian Constitution, and they hope the judiciary will intervene to protect those rights.

Simultaneously, the Muslim Personal Law Board, along with other civil society groups and concerned citizens, is also organizing nationwide protests. These protests are expected to be widespread, peaceful, and focused on raising awareness about the perceived dangers of the Bill. Protesters are likely to demand the withdrawal of the amendments and emphasize the need for the government to respect the constitutional rights of all citizens, especially minorities.

The protests are expected to draw support not just from the Muslim community, but from other marginalized groups and political entities that are committed to preserving the secular fabric of India. These demonstrations will likely include rallies, public meetings, and calls for greater political accountability.

In the face of the Bill’s passage, it seems clear that the Muslim Personal Law Board and its allies are determined to continue their fight through every available avenue—legal, political, and social. Their efforts to protect the constitutional rights of Muslims and to preserve the secular nature of the Indian state will likely lead to a prolonged period of public debate, legal challenges, and active resistance. The coming days and weeks may witness significant developments, with the possibility of the Supreme Court playing a pivotal role in determining the future of the Waqf (Amendment) Bill and the broader issue of religious and minority rights in India.

As the situation unfolds, the central question remains: will the government reconsider its stance, or will the legal and public outcry force a change in policy? The Muslim Personal Law Board and other protest groups are signalling that they will not relent, making it clear that the fight for justice and equality is far from over.

URL:   https://www.newageislam.com/current-affairs/aimplb-waqf-bill-nationwide-protest/d/135062

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