Parliament of India Approves Bill Altering Management of Muslim Land Endowments

India’s parliament recently approved a divisive bill introduced by Prime Minister Narendra Modi’s Hindu nationalist government. This legislation is set to amend laws relating to Muslim land endowments, triggering protests from Muslim organizations and various opposition parties.

The proposed bill seeks to include non-Muslims on the boards responsible for managing waqf land endowments, while also expanding the government’s role in validating these land holdings. Proponents argue that these changes will enhance transparency and combat corruption in the administration of these properties. Critics, however, express deep concerns that the amendments threaten the rights of the Muslim minority and may facilitate the confiscation of historically significant mosques and other properties.

Intense Parliamentary Debate

The parliamentary discussion surrounding the bill was robust and divisive. The Lower House engaged in debate from Wednesday into Thursday, while the Upper House sustained discussions for over 16 hours, concluding early Friday morning.

The opposition coalition, led by the Congress party, staunchly opposed the measure, labeling it unconstitutional and biased against Muslims. Although Modi’s ruling Bharatiya Janata Party does not hold a majority in the Lower House, it leveraged support from allied parties, ultimately passing the legislation.

In the voting process, 288 members of the Lower House favored the bill compared to 232 who opposed it. In the Upper House, 128 votes supported the proposal while 95 were against it. The bill is now poised to be presented to President Droupadi Murmu for final approval to become law.

Details of the Amendment

The bill was introduced by Minority Affairs Minister Kiren Rijiju, aimed at revising a 1995 law that established the framework for waqf foundations and the associated management boards. Many critics argue that the proposal, viewed as politically motivated, represents a systematic effort to diminish the rights of minority groups.

Opposition leaders contend that their suggestions for amending the bill have been overlooked, pointing to a lack of dialogue on crucial points. The government, in response, has accused opposition members of spreading misinformation to undermine its initiatives and impede transparency in managing endowments.

Understanding Waqf Properties

Waqfs are traditional Islamic charitable foundations where donors allocate property, often real estate, for religious or charitable purposes. These properties are considered inalienable, meaning they cannot be sold or transferred. In India, waqfs manage approximately 872,000 properties across 405,000 hectares (1 million acres) of land, with a total estimated value of around $14.22 billion. Many of these endowments date back centuries, serving as vital resources for mosques, seminaries, cemeteries, and orphanages.

Waqf property management falls under semi-official boards in each state and federally administered union territory. The new law would stipulate the inclusion of non-Muslims on these boards.

Response from the Muslim Community

Currently, these boards consist solely of Muslim members, akin to those overseeing other religious charitable institutions. During the parliamentary deliberations, Home Minister Amit Shah asserted that non-Muslim appointments to waqf boards are strictly for administrative roles, aimed at ensuring proper governance of the endowments. He emphasized that their involvement would not interfere with religious practices.

The All India Muslim Personal Law Board voiced strong opposition to the proposed changes, arguing that waqf bodies should only be governed by Muslims due to their intrinsic religious significance. The board labeled the legislation as a significant violation of the constitutional rights afforded to Muslim citizens and urged public protest against the bill.

Concerns Over Property Rights

Congress Party President Mallikarjun Kharge raised pertinent questions about the inclusion of non-Muslims in waqf management, pointing out that Hindu temple trusts do not permit members of other religions in their governance structures.

One of the most contentious aspects of the bill relates to the rules governing property ownership, which could affect historical mosques, shrines, and graveyards. Many of these properties lack formal documentation, having been donated without legal records over the decades and centuries.

Moreover, the new legislation mandates that waqf boards obtain approval from local district officers to validate waqf claims to properties. Critics warn that this requirement undermines the authority of the boards, potentially allowing Muslims to lose their land. It remains unclear how frequently these boards would need to confirm property claims.

Reactions from Opposition Leaders

Rahul Gandhi, a leading figure in the opposition, criticized the Waqf Amendment Bill on social media, describing it as a deliberate effort to marginalize Muslims and infringe on their legal rights and personal laws. He asserted that this represents an alarming trend where the ruling party is targeting Muslim interests, potentially setting a precedent for further encroachments on other communities in the future.

Growing Tensions and Historical Context

While many within the Muslim community acknowledge that waqfs suffer from corruption and mismanagement, the fear remains that the newly proposed law could grant the Hindu nationalist government increased control over Muslim properties. This concern arises amidst a backdrop of intensifying attacks on minority communities since Modi assumed power, where Muslims reportedly become targets for various grievances, including cultural practices and inter-faith marriages.

In its latest report, the U.S. Commission on International Religious Freedom indicated that the climate of religious freedom in India continues to decline, highlighting that the ruling party has propagated divisive rhetoric aimed at Muslims and other religious minorities during the prior election cycle. Modi’s government defends its approach, claiming adherence to democratic principles and the absence of discrimination in policy.

The Muslim community, which comprises roughly 14 percent of India’s 1.4 billion population, represents the largest minority group in a predominantly Hindu nation. However, disparity in socio-economic conditions remains stark, with many Muslims experiencing economic hardships according to a 2013 government survey.

Implications for Minority Rights and Society

The passing of this bill marks a significant juncture in India’s legislative landscape, with potential ramifications for minority rights, social equity, and communal harmony. As the nation grapples with these changes, the discourse surrounding the preservation of cultural traditions alongside the governance of social justice continues to evolve.