– Abdul Bari Masoud
New Delhi: The opposition has strongly opposed the proposed removal of the “waqf by user” clause in the contentious Waqf (Amendment) Bill 2024, arguing that it had been in place for ages.
Asaduddin Owaisi, president of AIMIM and member of the JPC, has been a vocal critic of the Waqf Bill. He proposed amendments to 43 out of the bill’s 44 provisions, all of which were rejected due to the opposition’s limited representation on the panel. In response, Owaisi submitted a 229-page dissent note detailing his objections.
Speaking to a news channel, Owaisi stated that following the JPC meeting to approve the draft report and bill, opposition members felt the legislation was designed to strip the Waqf Board of its authority, ultimately leading to the loss of numerous waqf properties.
“In fact, even the Masjid located right in front of Parliament is at risk. This bill, in its current form, is unacceptable to us, and we will take our concerns to the public. We made repeated efforts to present our case in the JPC meetings, but this bill is not in the interest of the Muslim community,” Owaisi asserted.
He warned that the bill would exacerbate divisions between the majority and minority communities.
“At a time when divisive forces are raising baseless claims against ancient mosques and dargahs, this bill weakens the Muslim community’s legal standing in such disputes. By removing statutory recognition of ‘waqfs by user’—which historically allowed long-term religious use of a property to establish it as waqf—the bill erodes a crucial defense. Additionally, it de-recognizes waqfs created through oral dedication, contrary to well-established Muslim personal law. As a result, waqfs established centuries ago will be unable to meet the newly imposed requirement of producing a written deed of dedication,” he argued.
Owaisi also criticised JPC Chairman and BJP MP Jagdambika Pal, accusing him of following party directives and disregarding opposition voices.
“The committee was unduly influenced by partisan biases. While a few communal voices in support of the bill were given undue attention, the substantial majority opposing it was ignored. Despite widespread opposition, the Chairperson exploited the ruling party’s numerical advantage to push the bill through with only minor revisions, dismissing legitimate dissent,” he wrote.
In his dissent note, he concluded: “In light of the grave implications of these amendments and the undeniable bias in the legislative process, I, on behalf of the Muslim community, unequivocally oppose this bill. I urge Parliament to accept my proposed changes. The government’s actions seek to weaken waqf governance and undermine Muslim rights—this must not be allowed. History will remember this moment, and it will judge whether we stood for justice or yielded to divisive forces.”
Twelve opposition MPs, including YSRCP MP Vijaysai Reddy – who recently resigned from the Rajya Sabha – opposed the bill in its current form. His dissent note, submitted before his resignation, will be included in the JPC’s draft report.
DMK MP A Raja, in his dissent note, stated that the concept of ‘waqf by user’ has existed since the time of Prophet Muhammad and that its removal would violate the fundamental rights of the Muslim community.
The JPC held over 30 meetings before finalising its draft report on January 29. In its last meeting on Wednesday, the committee reviewed the revised draft bill before forwarding it to the Speaker of the Lok Sabha. The report will be presented in Parliament during the upcoming budget session.
