BJP-led NDA amendments accepted, Opposition's defeated in Waqf committee

New Delhi: Assigning an officer above the rank of Collector to settle disputes and reinstating a person with knowledge of Muslim law and jurisprudence as third member in Tribunal are among around a dozen amendments adopted by the Joint Parliamentary Committee examining the contentious Waqf (Amendment) Bill.

While the amendments adopted were moved by NDA MPs, the multi-party panel headed by senior BJP MP Jagadambika Pal negated amendments moved by the Opposition MPs to all 44 clauses by a 16-10 vote. Opposition amendments included deletion of 28 clauses in entirety, seeking to restore the provisions of the existing Waqf law.

Opposition MPs alleged that the committee's proceedings were reduced to a "mockery" with DMK MP A Raja saying that they would approach the Supreme Court if the Bill is passed by Parliament.

The committee is scheduled to meet on Wednesday to adopt the report with an amended Bill to be tabled before Parliament during the Budget Session starting January 31. The government could bring the Bill for passage in Parliament during the Session after the JPC tables the Bill.

In a joint statement, ten Opposition MPs claimed that there was no discussion clause by clause examination of the Bill and members were stopped from placing their views on amendments.

"Everything was pre-decided. We were not allowed to say anything. No rules and procedures were followed. We wanted to discuss the amendments clause by clause but were not allowed. The chairperson moved the amendments and then declared them without listening to our points," Trinamool Congress MP Kalyan Banerjee claimed.

Rebutting the charges, Pal said the panel considered all the amendments in a democratic way and the majority view prevailed. "Fourteen amendments brought by BJP-NDA were adopted with a majority. Amendments brought by Opposition were also voted but they were negated," he said.

Sources said the panel accepted an amendment to designate an officer above the rank of collector to probe dispute over a government property considered as Waqf property. The new Bill makes it clear that no government property could be considered a Waqf property and District Collector would probe if a dispute arises.

Concerns were raised, including by NDA ally TDP, about vesting the authority with the Collector and the panel has found merit in the amendment moved by NDA MPs, which also indicates the government's inclination to change it. The Collector is the head of revenue records and there were concerns that a probe by the officer might not be impartial.

The panel has also accepted an amendment to restore the membership of a person with knowledge of Muslim law and jurisprudence as third member in the Tribunal that will examine disputes related to Waqf property. The new Bill had suggested that a District Judge and a state official of the rank of Joint Secretary will be members of the Tribunal while omitting the provision for a third member with expertise in Muslim law and jurisprudence.

Though the Bill removes the concept of 'Waqf by User', where properties could be deemed as Waqf-based solely on their long use for religious purposes, the amendment provides some relaxations. The existing 'Waqf by User' will remain as Waqf properties except in the case of dispute or are government facilities. The amendment also insists such existing properties must be registered before the new law comes into force.

Another amendment said that a person should be showing or demonstrating that he or she is practising Islam for five years and could declare a Waqf.

An amendment adopted by the panel is about allowing a caretaker of a Waqf property to submit details in a designated web portal even after the six month deadline proposed in the Bill, if he can convince the Tribunal about the reasons for delay.