The Union Cabinet has approved modifications to the contentious Waqf Bill, sources informed NDTV on Thursday morning. The amendments incorporate 14 changes recommended by a joint parliamentary committee (JPC), which reviewed the bill after it was referred to them in August. These revisions were finalized in a meeting held last week.

With these amendments, the bill is now expected to be introduced when Parliament reconvenes on March 10. The JPC submitted its final report on February 13 after months of heated debates and political discord between the ruling Bharatiya Janata Party (BJP) and opposition parties. The opposition had strongly opposed the composition and functioning of the committee, alleging bias on the part of BJP MP Jagadambika Pal and claiming the bill was being pushed through hastily without adequate consultation.

Over six months, the JPC conducted nearly 36 hearings, many of which were marred by disruptions. At one point, tensions escalated into physical altercations when Trinamool Congress MP Kalyan Banerjee reportedly smashed a glass bottle on a table, alleging provocation by BJP’s Abhijit Gangopadhyay.

Ultimately, 66 amendments were proposed, but all 44 suggestions from opposition parties were dismissed. Out of the 23 proposals put forward by the BJP and its allies, 14 were approved following a vote. The JPC comprised 16 members from the ruling party and its allies, while the opposition was represented by only 10 members.

Key Amendments to the Waqf Bill

The revised bill now distinguishes between two mandatory non-Muslim members and additional nominated ex-officio members, who can be either Muslim or non-Muslim. This implies that Waqf councils at both state and national levels will have at least two non-Muslim representatives, with the possibility of more if the nominated ex-officio members are also non-Muslims.

Another significant amendment shifts the authority to determine whether a property qualifies as 'waqf' from the District Collector to a state-nominated officer. Additionally, the bill clarifies that its provisions will not have a retrospective effect, provided the concerned property is already registered. Congress leader and JPC member Imran Masood raised concerns over this, highlighting that an estimated 90% of waqf properties remain unregistered.

Controversial Provisions in the Original Bill

The original draft of the Waqf Bill included 44 proposed changes, primarily aimed at modifying the structure and governance of central and state Waqf boards, which oversee Muslim charitable properties in India. Among the contentious provisions was a mandate for each Waqf Board to include at least two women and non-Muslim members, along with a Union Minister, three Members of Parliament, and four individuals of national repute in the central Waqf Council.

Another controversial clause sought to limit contributions from Muslims, stipulating that donors must have been practicing the faith for at least five years. This particular clause led to a debate over the definition of a 'practicing Muslim.'

Additionally, the bill sought to prevent the Waqf Council from laying claim to land, altering the existing rules governing property ownership and management.

Government sources previously stated that the bill aimed to empower Muslim women and children who had faced challenges under the previous legal framework. However, opposition leaders, including Congress MP KC Venugopal, argued that the amendments amounted to an attack on religious freedoms. Prominent critics, such as AIMIM chief Asaduddin Owaisi and DMK MP Kanimozhi, have contended that the bill violates constitutional provisions, including Article 15 (which protects religious freedom) and Article 30 (which grants minority communities the right to establish and administer their educational institutions).