Srinagar, Apr 06: The Communist Party of India (Marxist) has strongly denounced the recently passed ‘Waqf Amendment Bill’ and called for immediate action against what they describe as a divisive and unjust piece of legislation that threatens the rights of minorities.
“The passage of the Waqf Amendment Bill is an assault on the Constitution and the rights of minorities,” the CPI(M) said at the party’s 24th Congress held in New Delhi.
The party in a statement issued here said, “We urge all secular individuals and organisations across the country to protest against this Act, as it will only exacerbate communal polarization and undermine the secular fabric that our nation stands upon.”
It added, “The earlier Waqf Act was a legal framework governing Waqf properties (Islamic endowments) and ensuring their proper administration, protection and utilisation for religious and charitable purposes. It provided guidelines for the regulation of Waqf properties, preventing their misuse and unauthorised sale.”
The amended Act makes significant changes which will undermine the foundational principles laid out in the earlier Act, the statement said, adding, “Through this amendment the BJP government is pushing its Hindutva agenda, aiming to divide people. It has been repeatedly claiming that the earlier Act has been used for extensive land grab by Muslims.”
Despite Islamic injunctions prohibiting non-Muslims from managing Waqf properties, the amended Act includes non-Muslims in Waqf Boards, which is an attack on the Constitutional right of the Muslims to practice their religion, the party said.
By making it mandatory that only a Muslim who can prove that he/she has followed the religion for at least five years, the amended Act is opening the way for harassment of Muslims and can actually prevent them from creating or contributing to Waqf properties, the CPI(M) said, adding that many non-Muslims also contribute to the building of mosques, etc and this expression of brotherhood and fraternity will no longer be possible under the amended Act.
The CPI(M) Congress expressed concern that by abolishing Section 40 of the Waqf Act, the Waqf Board will lose its authority to determine the nature of Waqf properties. “Waqf properties primarily fall into four categories: Waqf by Deed (documented), Waqf by Oral Declaration (verbally declared), Waqf by Use (established through prolonged usage), and government-granted lands. Under the new amendments, the majority of Waqf properties in the country—those declared orally or through usage—will become vulnerable to government takeover,” it said.
States with the largest Waqf holdings, such as Uttar Pradesh, West Bengal, Andhra Pradesh, Karnataka and Kerala will face targeted appropriation of these assets through the proposed amendments, the party added.
The CPI(M) said the new requirements for registration of Waqf properties and the stripping of power from the Waqf Tribunal alienates the Board from the communities it serves. This approach, the party said, is indicative of a broader strategy to undermine the rights of Muslims, resonating with concerns surrounding the Citizenship Amendment Act (CAA).
“Today, we must come together to safeguard our secular and democratic values,” the party said. “We must unite in demanding the immediate withdrawal of this divisive Waqf Amendment Act before it causes further harm to our society.”
