Waqf Bill: Parliamentary panel to recommend new law to protect tribal land from being taken over

The Joint Parliamentary Committee headed by senior BJP MP Jagdambika Pal, which is scheduled to adopt the report on Wednesday, has also urged the government to take steps to protect the interests of the tenants on Waqf properties by compassionately looking into their concerns, sources said.

New Delhi: A Parliamentary panel examining the contentious Waqf (Amendment) Bill, 2024 is all set to recommend the government to bring a law to prevent declaration of tribal land as ‘waqf’ property, as “numerous cases” have come to light “creating a serious threat” to the “existence of these cultural minorities”, sources said on Tuesday.

The Joint Parliamentary Committee headed by senior BJP MP Jagdambika Pal, which is scheduled to adopt the report on Wednesday, has also urged the government to take steps to protect the interests of the tenants on Waqf properties by compassionately looking into their concerns, they said.

It has also not found any problem with a provision in the Bill that included non-Muslims in Waqf Boards, as they can be “beneficiaries, parties to disputes, or otherwise interested in Waqf matters”. The proposal would make it “more broad based and promote inclusivity and diversity” in waqf property management, it said.

The draft report was circulated among the panel members on Tuesday. The Opposition MPs criticised the short notice for calling the meeting to adopt the report, saying it is simply not possible for them to go through 655 pages within hours, participate in the discussions and prepare dissent notes, if any.

On Monday, the panel had adopted amendments suggested by ruling NDA MPs while rejecting those moved by Opposition lawmakers. 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 the Tribunal were among the amendments adopted by the JPC.

Quoting from the draft report, sources said there were “numerous cases” of declaration of Waqf lands in tribal areas falling under Schedule V and Schedule VI of the Constitution, which is “creating a serious threat” to the existence of these cultural minorities whose religious practices are distinct and do not follow religious practices prescribed under Islam.

“The increase in the quantum of land acquired by the Waqf Board and the number of litigations underscore the urgent need to address this serious concern,” sources quoted from the report. The panel said STs being one of the most marginalised and vulnerable sections of the society, the protection envisioned in the Constitution should be upheld at all costs.

The multi-party panel urged the Ministry of Minority Affairs to “take appropriate legislative measures to forestall declaration of tribal lands as ‘waqf’ land in order to ensure protection of Scheduled areas and tribal areas". The committee said the protection accorded to STs and tribal lands “must be upheld and any threat, perceived or real, needs to be addressed”.

On tenants on Waqf properties, the panel advocated the need for a compassionate approach while formulating lease rules. The tenant organisations had raised concerns over them being considered as encroachers, when they were legally occupying the property and paying rent fixed by Waqf Boards.

"Fostering a symbiotic and harmonious relationship between Waqf Boards and tenants will ensure the prosperity of Waqf properties. The Committee, therefore, recommends that the Ministry may consider the concerns of Waqf tenants across the country and introduce laws that allow for long-term leases to safeguard their legitimate rights," it said.

DMK MP A Raja posted on X that the committee has been "reduced to a farce. We were told that the Draft Report of the Committee and its Bill will be discussed tomorrow at 10 AM. It is 655 pages and has been sent to us just now (around 7 PM). MPs are expected to go through it and provide comments and submit dissent notes. This is simply not possible. What is the point of an independent parliamentary committee if the government does as it pleases anyway?"

Congress MP Mohd Jawaid posted on 'X', "How are we supposed to read, understand, and propose changes to something so important in just a few hours? It’s impossible, and they know it. This is how the BJP operates—rushing through processes, silencing voices, and pushing their agenda to take control of Waqf properties. This isn’t just about land; it’s about our rights, our identity, and our community’s future. We can’t let this happen. We have to stand up and oppose this together."