Discussion I 'Waqf Bill will have a devastating effect on Muslims'

The latest episode of Capital Beat brought together Supreme Court lawyer Mehmood Pracha and The Federal's senior editor Puneet Nicholas Yadav to discuss the contentious Waqf Amendment Bill. With the Joint Parliamentary Committee (JPC) approving 14 amendments proposed by the BJP-led NDA and rejecting all Opposition-suggested changes, the debate has escalated. Panelists delved into the bill’s potential implications, its timing ahead of the Budget session, and the broader political strategy it represents.

Meanwhile, have you read our Ground Report from Tamil Nadu on Waqf issue?

JPC’s Decision Sparks Controversy

In a dramatic conclusion to six months of deliberations, the JPC approved all 14 amendments proposed by the ruling NDA while rejecting the 30 amendments put forth by Opposition members. As per JPC chairperson Jagdambika Pal, the decisions were based on majority votes: 16 votes in favor of the NDA's proposals versus 10 from the opposition. However, opposition leaders labeled the proceedings as undemocratic, with Kalyan Banerjee calling it a "farcical exercise."

According to Puneet Nicholas Yadav, the outcome was unsurprising, given the JPC’s composition, which favours the ruling coalition. He criticized the process, noting the lack of magnanimity or consideration for minority rights. “The government pushed forth its political agenda instead of focusing on drafting a bill in the interest of the nation and minority communities,” he said.

Opposition’s Concerns

Highlighting Opposition grievances, Puneet detailed the acrimony within the JPC meetings, including physical altercations and suspensions of opposition MPs. He argued that the government’s approach reflects its unwillingness to foster meaningful dialogue.

Also Read: Mamata calls Waqf Bill 'anti-federal', says it will snatch rights of Muslims

Mehmood Pracha added that the bill, in its current form, could have devastating effects on the Waqf properties and the Muslim community. “This is a direct attack on constitutional rights,” Pracha asserted, expressing concerns about clauses that empower District Magistrates to seize Waqf land and reclassify it as government property. He likened the bill’s provisions to previous legislations that allegedly worked against marginalized communities, such as the PESA Act for tribals.

Is the Timing Strategic?

Both panelists debated the bill’s timing, introduced just ahead of the Budget session and against the backdrop of the Delhi elections. While Puneet suggested that the bill’s immediate electoral impact on Delhi may be limited, he emphasized its long-term potential to polarize voters. “The bill’s implications extend beyond Delhi to states like Bihar, which heads to polls later this year,” he noted.

Pracha, however, argued that the bill is part of a broader strategy to divert attention from pressing issues. He accused the government of using divisive tactics to control narratives and avoid scrutiny of its governance.

Impact on Parliamentary Democracy

The discussion raised concerns about the erosion of democratic processes within Parliament. Puneet lamented the reduction of JPCs and standing committees to mere formalities. “The government appears to be paying lip service to consultation while bulldozing its agenda,” he said.

Pracha slammed Opposition parties for their lack of strategy, stating, “The Opposition’s inability to effectively counter these moves reflects the weakness of our parliamentary democracy.” He underscored the need for grassroots resistance and public mobilization to challenge policies perceived as unconstitutional.

Also Read: Not a single proposal in Waqf Bill acceptable: Syed Zafar Mahmood

What’s Next?

As the Budget session approaches, both panelists agreed that the Waqf Amendment Bill will likely spark heated debates. Puneet warned of potential parliamentary disruptions, stating, “If this bill leads to another logjam, it will be for valid reasons.”

Pracha highlighted the bill’s long-term implications, cautioning that it could extinguish the autonomy of Muslim communities. He urged a collective effort to oppose the legislation both inside and outside Parliament.

The Waqf Amendment Bill has become a flashpoint for political confrontation, with its critics raising fundamental questions about its constitutionality and intent. As the bill heads to Parliament, it remains to be seen whether it will deepen existing divides or pave the way for meaningful reform.

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