Describes the Bill as Harmful to Waqf Institutions
New Delhi: The South Asian Minorities Lawyers Association (SAMLA), a national organization of practicing lawyers from the Supreme Court, High Courts, and District Courts, fiercely demanded an audience with the Joint Parliamentary Committee (JPC) on Waqf. SAMLA labeled the Waqf (Amendment) Bill 2024 as harmful to the Waqf cause and a direct intrusion into religious affairs.
At a roundtable conference held at the Indian Society of International Law (ISIL) in New Delhi, on 22nd of October 2024, SAMLA passed several resolutions following extensive discussions on the contentious bill.
Concerns Raised on Bill’s Legal Implications
In his opening remarks, Adv. Nasir Aziz, President of SAMLA, revealed that the organization had submitted a detailed memorandum to the JPC, outlining their concerns and suggestions. However, no acknowledgment was received. “We had conversations with Ms. B. Joshi, the undersecretary, who assured us the submission was noted, but we are still awaiting an official receipt,” Aziz said. He also expressed frustration over the lack of response to their repeated requests for a personal hearing with the JPC.
Harmful Provisions of the Bill
In his keynote address, Syed Shahid Rizvi, an advocate of the Supreme Court, highlighted the harmful provisions of the proposed bill. He stressed the theological roots of “Waqf” in the Holy Quran and Sahih Hadiths, tracing the legislative history of Waqf in India. Rizvi emphasized the core attributes of Waqf perpetuity, irrevocability, and inalienability supported by a strong legal foundation and Supreme Court rulings.
Rizvi pointed to several problematic clauses, such as amendments to the definition of Waqf (Section 3(r)), introducing inheritance laws (Section 3A(2)), banning non-Muslims from donating to Waqf (Section 20), and limiting the creation of Waqf for practicing Muslims to a period of five years. These changes, he warned, could drastically alter the structure of Waqf institutions, potentially violating Articles 14, 25, 26, and 30 of the Indian Constitution.
Key Resolutions Passed
Following the discussion, SAMLA passed several resolutions, demanding a personal hearing with the JPC and emphasizing the potential harm the bill poses to the Muslim community’s rights. The key steps outlined in the resolutions include:
1. Follow-up with the JPC for a personal hearing.
2. Organizing meetings and conferences to inform the legal and general community about the bill’s consequences.
3. Engaging with like-minded members of Parliament to protect Waqf interests.
4. Exploring legal measures to safeguard the rights of the Muslim minority.
Call for JPC Engagement
Presiding over the event, former Allahabad High Court judge Justice Z.U. Khan expressed concern over SAMLA being ignored by the JPC. He also referred to issues like the Sunheri Masjid case, highlighting internal community challenges that harm Waqf institutions.
Other prominent speakers included Jalisul Hasan Jafri, S.M. Arif, Jamshed Bey, Z.K. Faizan, and Mansoor Ali, who shared their views on the proposed bill, urging for concerted efforts to protect the Waqf system.
The conference concluded with SAMLA reaffirming its commitment to opposing the bill and ensuring the protection of Waqf institutions.
(South Asian Minorities Lawyers Association, Chamber No. 303, Patiala House, New Delhi-110001, Regd. Off : 212/7, Aravali Apartment, Ghaffar Manzil, Jamia Nagar, New Delhi-110025, Phone: +91-9810920561, Email: [email protected], Website: www.samla.co.in)
COMMENTS