In a note of dissent on the Waqf (Amendment) Bill, 2024, the Trinamool Congress, which had two members in the Waqf JPC, has termed it unconstitutional, unfair and interfering with the religious freedom of Muslims. The Waqf JPC on Wednesday approved its report with a majority vote and the same is expected to be placed in Parliament next week. In its 32-page dissent note, Trinamool Congress MPs Kalyan Banerjee and Mohammed Nadimul Haque said: “…while the Bill ostensibly aims to streamline the management of Waqf properties and address systemic issues like encroachment, its provisions sparked widespread apprehension about its broader implications for federalism and religious freedom.”
The Bill puts restrictions on verbal Waqf declarations, which the MPs argued “ignore long-standing Islamic traditions and create unnecessary complications.” They also say the Bill “restricts the Waqf Board’s role and gives the Government more control.” “…the Bill in question is completely contrary to the concept of Waqf and hits the religious faith of Muslims as protected under Article 26 of the Constitution of India,” the note said.
It also alleged overreach by the Centre, since land issues and Waqf matters are handled by State Governments. “The Bill risks undermining federal principles, as land is a State subject under the Seventh Schedule of the Indian Constitution. By allowing Central intervention in matters concerning Waqf properties, the Bill sets a troubling precedent for overreach into State jurisdiction.” The two MPs also said the Bill had been rushed through the JPC without proper process and documents, which left them with very little time and information to review it.
Speaking to The Daily Guardian, TMC MP Kalyan Banerjee complained that the draft report was sent to them very late and hardly gave them any time to study it thoroughly. “I received a 656-page draft around 7:55 pm on Tuesday. The observation and recommendation of the committee in this report are wholly perverse. Statements of the victims have not been taken into consideration. What we have said during the course of deliberations has not been taken into consideration… Whatever the Ministry has said has been quoted in the report. The question that arises is, whether the stakeholders’ view which we have expressed from time to time, why did it not appeal to the chairman. That reason has not been given.”
He accused the ruling party of reducing the JPC proceedings to “mockery”. All other views have been totally ignored. “In our note, we have given the historical background etc but interestingly, what we have seen is this, this report the observation and recommendation of the committee are wholly perverse. Perverse why? Number one: statements of the witnesses have not been taken into consideration. What we have said during the course of the deliberation, that has not been taken into consideration. There is no reason as such accepting what has been stated by the Centre that has been portrayed. Now the question therefore arises is whether the stakeholders view or our view which we have expressed, or the views of the witnesses which have been expressed time to time, why did it not appeal to the chairman, that reason has not been given.”
“According to me, the JPC proceeding has been turned into a mockery and this is absolutely an eyewash JPC proceeding. I do not know why this JPC proceeding was only afforded the view of the Minority Ministry itself. All other views have been totally ignored. In the report itself, they have quoted the names of who are the stakeholders, evidence has been quoted. But the point is this, quoting of the names of the witnesses or quoting of the names of the stakeholders are not sufficient for the purpose of making this recommendation by the JPC.”
He also accused JPC chairman Jagdambika Pal of not giving due importance to the views of the Opposition members on the committee. “The committee was duty bound to consider each and every statement of the witnesses and also statements made by us. Why our statements and the witnesses’ statements did not appeal to the mind, that reason has to be given. Unfortunately, that reason has not been given. The report itself indicates that it was a predetermined mind of the majority members to bring this report. For the last eight months, the entire exercise and the expenses borne by the exchequer have gone to waste.”
