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Congress veteran and former Union minority affairs minister K Rahman Khan, who had also been the Rajya Sabha deputy chairman during the Congress-led UPA regime, had headed a Joint Parliamentary Committee on Waqf from January 1999 to April 1999 and from May 2008 to May 2009. In this panel’s report, recommendations were made to revamp the Waqf Act, 1995.
As the Narendra Modi government introduced a Bill in the Lok Sabha on Thursday to amend the Waqf Act, 1995, the move drew fire from the Opposition parties who called it “divisive” and an “attack on the Constitution”. Union Minority Affairs Minister Kiren Rijiju refuted these allegations, proposing to send the Waqf Amendment Bill to a Joint Committee of Parliament. In an interview with The Indian Express, Rahman Khan, 85, spoke on a gamut of issues related to the raging Waqf row. Excerpts:
You had headed the Joint Parliamentary Committee on Waqf. Why was it constituted and what were its findings?
In 1996-97, there was a debate in the Rajya Sabha on the Waqf issue. At the time, there were some irregularities in the West Bengal Waqf Board. When the matter was raised in the Upper House, it was decided that a committee should be formed for going into details of the functioning of Waqf Boards. The Joint Parliamentary Committee on Waqf headed by me had travelled across the country and saw how Waqf properties were in a poor state. We saw how there were illegal encroachers on huge tracts of land under Waqf Boards. After that a report of the Committee was submitted in Parliament in 2009. We had highlighted the Waqf problems. The Sachar Committee was also formed. In its report, there were suggestions to streamline the lacunas in Waqf properties.
Afterwards, Parliament decided to send the matter to a Select Committee. After going through the reports of the committees, a Bill was passed in 2013, making amendments to the Waqf Act, 1995. The Muslim community welcomed the amendments, which brought in provisions to remove illegal encroachments and to make it a criminal offence.
The Modi government has tabled a new Bill to amend the Waqf Act, 1995. Do you think this was needed?
All of a sudden, the government has brought in this new Bill. No discussion was held with stakeholders – the AIMPLB (All India Muslim Personal Law Board) or any other organisations. Earlier (before 2013 amendment legislation), the ministry had consulted all stakeholders. But this government didn’t consult the Muslim community, which is the biggest stakeholder in the Waqf affairs.
What are your issues with the new Waqf Amendment Bill?
In total, I can say that this Bill will undo whatever reforms we ensured by the 1995 Act and the amendments done in 2013. The government has gone back to pre-1995 time. Through the new Bill, they plan to abolish the Waqf Tribunals, the provision for survey of Waqf properties. It says no Waqf will be registered without a deed. They have made the Collector the entire custodian of Waqf properties, which is a government post and not independent.
The government is making it mandatory for all Waqf properties to submit applications for registration all over again. There are almost 6 lakh Waqf properties in India. They will have to register all over again, file records. There are certain Waqfs done orally. The new Bill won’t recognise them. There are several Waqfs which have no documents. If the new Bill is passed in current form, they will not be recognised because the new Bill says that no Waqf will be recognised without a deed. They have withdrawn powers of the Waqf Boards to register Waqf properties suo motu which are by nature Waqf properties.
The BJP says the Bill will provide transparency to Waqf Boards and ensure women representation in them. What is your response?
This is an absolute lie by them. How can they come to this conclusion. For the first time, they are bringing non-Muslims in Waqf Boards. They have removed the provision in the existing Act, which says the Chief Executive Officer (of a Waqf Board) must be a Muslim. In the Muslim community’s religious and charitable affairs, they are bringing in non-Muslims. There has to be reasons for changing this. Will there be Muslims in Hindu charitable organisations?
What are your specific demands regarding the new Bill?
None of the provisions proposed by them will increase transparency. Waqf Act is to protect the Waqf properties. There are no provisions in the new Bill to remove encroachments.
The government has agreed to send the Bill to a Joint Committee of Parliament. How do you look at it?
This is a good decision. There should be a detailed discussion on the Bill in the Committee and organisations can also put their views before it. This is a good procedure and I welcome it. All legislation should be passed after detailed consultations with stakeholders and should go through multiple committees formed by Parliament.
