2025-04-03T02:19:35Z

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SRINAGAR, India (AP) — In a significant legislative move, India's parliament approved a contentious bill proposed by Prime Minister Narendra Modi's Hindu nationalist administration. This legislation aims to amend existing laws governing waqfs, or Muslim land endowments, amidst widespread protests from Muslim groups and opposition parties who view the bill as discriminatory.

The proposed law seeks to expand the management boards of waqf properties to include non-Muslim members. By doing so, the government will increase its oversight concerning the validation of land holdings associated with these religious endowments. The ruling government asserts that these amendments are designed to combat corruption and mismanagement while promoting inclusivity within the waqf system. However, critics express grave concerns that these changes could further erode the rights of India's Muslim minority, potentially leading to the confiscation of historic mosques and other Islamic properties.

The debates surrounding the bill were marked by intense discussions in both chambers of parliament. The Lower House engaged in deliberations that stretched from Wednesday evening well into Thursday morning, while the Upper House continued the heated discourse for over 16 hours, concluding in the early hours of Friday.

The opposition, primarily led by the Congress party, staunchly opposed the bill, labeling it unconstitutional and an affront to Muslim rights. Despite lacking a majority in the Lower House, Modi's Bharatiya Janata Party (BJP) relied on the support of its allies to successfully pass the bill.

In the Lower House, a total of 288 members voted in favor, while 232 opposed it. Similarly, the Upper House saw 128 votes in support against 95 opposing votes. The bill is now set to be sent to President Droupadi Murmu for her approval, which is necessary for it to become law.

The bill was introduced by Minority Affairs Minister Kiren Rijiju as a revision of a 1995 statute that established regulations for waqf foundations and created corresponding state-level boards to oversee them. Many Muslim organizations and opposition leaders argue that the proposal is politically motivated and serves the interests of Modi's ruling party by undermining minority rights.

The contentious bill was first presented in parliament last year, and subsequent suggestions from opposition parties have reportedly been disregarded by the government. The ruling party has countered these claims by accusing opposition factions of spreading misinformation aimed at obstructing transparency in the management of waqf properties.

Understanding Waqfs: A Quick Overview

Waqfs are traditional Islamic charitable foundations where a donor designates specific properties—often real estate—to be permanently used for religious or charitable purposes. Notably, waqf properties cannot be sold or transferred. In India, waqfs manage approximately 872,000 properties covering a vast area of 405,000 hectares (about 1 million acres), with an estimated total value of around $14.22 billion. Many of these endowments serve important community functions such as mosques, seminaries, graveyards, and orphanages.

Changes to Management Structure

Currently, waqf properties in India are overseen by semi-official boards comprising members from the Muslim community, similar to other religious charitable organizations. The new law stipulates that non-Muslims must also be appointed to these boards. Home Minister Amit Shah defended the inclusion of non-Muslims as mere administrative facilitators, asserting that their role would not interfere with the religious aspects of waqf management. He stated that these members would primarily ensure compliance with legal frameworks and verify that donations are utilized for their intended religious or charitable purposes.

However, many Muslim groups, including the All India Muslim Personal Law Board, contend that such arrangements contradict the fundamental principles of Islamic endowments. They argue that waqf boards should be exclusively governed by Muslims and labeled the bill as a severe infringement on the constitutional rights of Muslim citizens, urging mass protests against it.

The opposition has raised questions regarding the rationale behind allowing non-Muslims to serve on waqf boards, especially when Hindu temple trusts typically do not permit individuals from other religions to participate in their governance. One of the most contentious aspects of the bill relates to ownership rules, which could have profound implications for historical mosques, shrines, and graveyards across India. Many of these properties lack formal documentation due to their historical donations, which occurred long before established legal frameworks were in place.

Complications Around Land Claims

Additionally, the proposed law requires waqf boards to seek approval from district-level officers to validate their property claims. Critics warn that this requirement could undermine the authority of waqf boards, potentially leading to the expropriation of Muslim-owned land. The frequency at which waqf boards would need to confirm such claims remains unclear, adding to the uncertainty regarding their rights.

Rahul Gandhi, a prominent opposition leader, voiced his concerns on social media, arguing that the Waqf (Amendment) Bill is a strategic tool aimed at marginalizing Muslims and encroaching upon their personal laws and property rights. He characterized the legislation as an attack on the Constitution by the BJP and its allies, asserting that while it targets Muslims now, it sets a dangerous precedent for future actions against other communities.

Growing Fears Among the Muslim Community

While many within the Muslim community acknowledge the issues of corruption and mismanagement plaguing waqfs, there is widespread apprehension that the new law would grant the Hindu nationalist government excessive control over Muslim properties. This concern is particularly pronounced in the context of increased aggressiveness toward minority communities under Modi's leadership, where Muslims are often subjected to discrimination based on their dietary habits, clothing choices, and inter-religious marriages.

The U.S. Commission on International Religious Freedom recently highlighted in its annual report that conditions for religious freedom in India continue to deteriorate. It noted that Modi's government has propagated hateful rhetoric and misinformation against Muslims and other minority groups, particularly during last year's election campaign.

In response to these developments, the Modi administration maintains that India operates under democratic principles that uphold equality, asserting that discrimination does not exist within the country. Despite these assurances, the reality for Muslims—who comprise approximately 14% of India's 1.4 billion population and represent the largest minority group in this predominantly Hindu nation—remains fraught with challenges. A 2013 government survey indicated that this community also faces significant economic hardships, further complicating their position within Indian society.