Waqf Bill an assault on Constitution: Congress

Detailing the “flaws”, the statement said: “All the institutions created by previous laws to administer waqfs (national council, state boards and tribunals) are actively sought to be reduced in stature, composition and authority so as to deliberately deprive the community the right to administer its own religious traditions and affairs.”

It said “deliberate ambiguity” has been introduced for determining who can donate their land for waqf purposes — altering the very definition of waqf.

The Congress said the government is looking to abolish the waqf-by-user concept, “developed by the nation’s judiciary” on the basis of uninterrupted customary usage.

It also said provisions in the existing law are being removed without “any reason” to weaken the administration of the waqf. “Enhanced defences are now being introduced in the law to protect those who have encroached on waqf lands,” said the statement.

The party flagged the “far-reaching powers” given to the Collector and other state officials on disputes concerning waqf properties as well as their registration. “Officers of the state governments will now have the powers to derecognize any waqf on anyone’s complaint or on a mere allegation of the waqf property being a government property till a final decision is taken,” said the Congress.

Ramesh’s statement also said that the 428-page waqf report was “literally bulldozed” through the Joint Committee of Parliament without a clause-by-clause discussion.

“It thus violates all Parliamentary practices…. Most fundamentally, the Waqf (Amendment) Bill, 2024 is an assault on the Constitution of India itself,” said the statement.

The Congress said the Bill is an attempt to “demonise minority communities” and “dilute Constitutional provisions that guarantee equal rights and protections to all citizens, regardless of religion”.