New Delhi: The ruling NDA managed to pass the Waqf (Amendment) Bill in the Lok Sabha on the intervening night of Wednesday and Thursday with a clear majority, after a marathon debate that ran for over 12 hours.
A little after midnight, Speaker Om Birla called for a voice vote to adopt the Bill and told the members who were in favour to say "yes". The opposition insisted on a Division vote, where in the members will have the option to cast his/her vote through the buttons provided and also to manually submit their votes.
At 1.57 am, Om Birla declared the results as 288 votes of having registered in favour of the bill while 232 against, amid thumping from the treasury benches. The ministers were seen congratulating Minorities Affairs Minister Kiren Rijiju who was on the front row.
Earlier in the day, the ruling dispensation launched a feisty defence of the bill amid the opposition's charge that it was unconstitutional and targeted Muslims. Home Minister Amit Shah who intervened assuaged the fears of the Opposition that the government had no intention of interfering in their religious matters and was solely driven by the aim of transparent administration of Waqf properties.
The Minister's intervention came after Congress Deputy Leader Gaurav Gogoi termed the bill as "an attempt to attack the basic structure of the Constitution, defame minorities, disenfranchise them and divide the society".
Rijiju who tabled the Bill rejected the allegation that the proposed law was an interference in the constitutionally guaranteed freedom in religious affairs.
It has nothing to do with religion, but deals only with properties. It has been examined and redrafted by a joint committee of Parliament.
"The government is not going to interfere in any religious institution. The changes made in the Waqf law by the UPA government gave it an overriding effect over other statutes, hence the new amendments were required," Rijiju told the House amid noisy scenes.
"You (opposition) tried to mislead the people on issues which are not part of the Waqf Bill," the Minister said, blaming the opposition.
The ministers maintained that the proposed reforms would ensure the welfare of poor Muslims and women.
The TDP, JD(U), Shiv Sena and Lok Janshakti Party (Ram Vilas) backed the bill, adding ammo to the BJP government. The opposition, all the constituents of the INDIA bloc, too staged a show of unity in opposing the bill.
Samajwadi Party chief Akhilesh Yadav termed the bill as a BJP's ploy for polarisation following its reverses in the Lok Sabha polls. He also warned that the adoption of the legislation will send a wrong message to the world denting the country's secular image.
It will be a "Waterloo" for the BJP as some of its allies might be claiming to support the bill but inside they are not happy about the development, Akhilesh said.
"Bringing Waqf Bill is the BJP's political game, it is a new form of communal politics. The BJP wants to appease those supporters who are now distancing themselves from the party because of its policies," he added.
Shah rejected the most common criticism that the appointment of non-Muslims in the Waqf council and boards violated a community's right to manage its own affairs.
The minister also warned the Parliamentarians against instigating Muslims against the law. He referred to an opposition MP saying that the minorities will not accept this. "It is the law of the Indian government and Parliament. Everyone will have to accept it. The bill will become a law after it is notified following its passage in both Lok Sabha and Rajya Sabha," he said.
He said the government is not going to have any say in the matters of Waqf and endowments made by Muslims for religiously charitable and pious purposes. He added that the council and boards were aimed at the management of the properties to ensure that they are used in line with the stated aims behind their donation and the bill will ensure this.
He blamed the opposition for "fear-mongering" over the bill's provisions. "This is how they raised a vote bank," he said.
The Gandhinagar MP also accused the Congress-led UPA government of effecting many amendments in the Waqf law in 2013 for its appeasement politics. He alleged that those changes made the Act "extreme". "Had those changes not been made, the government might not have brought the bill," he justified.
He informed the House a host of instances from across the country about vast tracts of lands and properties being claimed by different state Waqf boards. "Of which, there is a section of people involved in their management making personal gains while doing little for the community. The new law will catch such people and throw them out," he said.
"This money is for the poor Muslims not for a few moneybags. The income generated from Waqf properties is a paltry Rs 163 crore," he said.
Gogoi charged that the bill had not been adequately discussed with minority representatives.
"In 2023, four meetings of the Minority Commission were held, and yet, there was no mention of the need for a Waqf amendment bill. I ask the government - was this bill drafted by the Minority Affairs Ministry or some other department?" The opposition MP asked. He also raised concerns over Clause 3 of the bill, which defines individuals practising Islam.
"Minorities are now being forced to prove their religious identity with certificates. Tomorrow, will people from other faiths also have to do this? This is against Article 26 of the Constitution," the MP said.
BJP MP and former Union Minister Anurag Thakur said, "This bill is not about Hindu versus Muslim, this is law versus lawlessness, Constitution versus corruption."
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