Amendments will cripple Waqf Boards and their autonomy, says T.N. CM Stalin

Tamil Nadu Chief Minister M.K. Stalin speaking in the Assembly. File
| Photo Credit: Special Arrangement

Tamil Nadu Chief Minister M.K. Stalin on Thursday said the Waqf (Amendment) Bill, 2024, should be opposed as it would cripple the functioning of Waqf Boards over time and affect their autonomy.

“It is against the Constitution and minority rights and rejects religious freedom and the objectives of the Waqf; [it is] confusing and unnecessary,” said the Chief Minister who moved a resolution in the Assembly, urging the Centre to fully withdraw the Bill.

Accusing the BJP government of functioning with “ulterior motives” on all issues, Mr. Stalin alleged all its schemes were aimed at “betraying the interests” of a particular section of society.

“The Citizenship Amendment Act, 2019, betrayed the Muslims and the Sri Lankan Tamils. It (BJP) betrays non-Hindi speaking States by imposing Hindi. It is against social justice and its functioning is affecting the interests of BCs, SCs, and STs. We know that NEET and the new [National] Education Policy are against marginalised sections of society. We have to oppose the Waqf (Amendment) Bill since it is against Muslims,” he said.

Government intervention

Mr. Stalin said the DMK and other parties opposed the Bill introduced in Parliament on August 8, 2024, seeking to amend the Waqf Act, as it would increase the government’s intervention in the administration of Waqf Boards and affect their autonomy and religious rights.

“It was referred to a Joint Parliamentary Committee in the wake of objections from the Opposition parties. I would like to place on record the adverse consequences of the amendments,” he said.

“There is a provision that mandates that only those who have been practising Islam for five years alone can give their property for charitable use. It has caused fear that the provision could nullify the waqf properties of non-Muslims,” Mr. Stalin explained.

He also said the amendments would pave the way for reverting government properties identified as waqf to State ownership, and accused the BJP-led government of creating separate boards for two sections of Muslims.

“The Bill cancels the elections for Waqf Board members and chairperson, and allows the appointment of two non-Muslim members. It amounts to the government interfering with the religious administration of Muslims,” he said.

‘Against Article 26’

Mr. Stalin said the proposal to remove Section 40 of the Waqf Act would transfer the power to prove the claim to the property rights to the government. “This is against Article 26 of the Constitution,” he added.

He also said the plan to remove “waqf by user” had hurt Muslims since it would reject the recognition of properties that have been continuously utilised for religious or charitable activities as waqf.

Mr. Stalin said the application of ‘Limitation Act’ to waqf properties would not allow charities and endowments as waqf. “The government fails to understand that these provisions are objected by Muslims,” he said.