DMK to challenge Waqf Amendment Bill in SC

Tamil Nadu chief minister MK Stalin on Thursday, April 3, condemned the passing of the Waqf Amendment Bill in the Lok Sabha and announced that the DMK will challenge the legislation in the Supreme Court.

Addressing the Tamil Nadu Legislative Assembly, CM Stalin declared, “Tamil Nadu will fight, and it will succeed in this fight.”

The DMK legislators wore black badges during the Assembly session as a mark of protest against the Bill’s passage in the Lok Sabha.

CM Stalin reminded the House that on March 27, the Tamil Nadu Assembly had passed a resolution urging the withdrawal of the Waqf Amendment Bill, citing that it undermines religious harmony and adversely affects the minority Muslim community.

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“A majority of political parties across India opposed this Bill. Yet, it was passed in the Lok Sabha, which is highly condemnable. Though it has cleared the House, one should not ignore the significant number of votes against it,” he said.

The Chief Minister noted that 232 members opposed the Bill, underscoring that this was not a negligible figure. “The opposition could have been even stronger. This law must be completely withdrawn,” he asserted.

Stalin slams govt for passing Waqf Bill at 2 am

CM Stalin further criticized the timing and manner in which the Bill was passed. “Introducing and passing such a sensitive legislation at 2 am, disregarding opposition from a majority of the country’s political parties, is a direct attack on the Constitution of India and an attempt to disturb communal harmony,” he said.

He reiterated that the DMK would challenge the Waqf (Amendment) Bill in the Supreme Court, asserting that Tamil Nadu will continue its legal and political fight against the legislation.

The Lok Sabha passed the Bill in the early hours of Thursday, April 3, after a 12-hour-long debate. A total of 288 members voted in favour, while 232 opposed it.

Despite extensive opposition, all amendments moved by opposition members were rejected through voice votes.

During the debate, the ruling National Democratic Alliance (NDA) defended the Bill, claiming it was designed to benefit minority communities. However, opposition parties criticized it as being “anti-Muslim” and detrimental to the principles of secularism.

In his response, Union Minister for Minority Affairs Kiren Rijiju asserted that minorities in India are safe and secure. “There is no place in the world safer than India for minorities. They are protected because the majority in India is completely secular,” he stated.

The controversy around the Waqf (Amendment) Bill continues to intensify, with several states and political parties planning to take further legal and democratic action against its implementation.

What is the Waqf Amendment Bill, 2024?

Under the Bill, Waqf properties must be registered with the district collector’s office for evaluation. It specifies that any property identified or declared as Waqf property by the government, before or after the Act’s commencement, will not be considered waqf property. The district collector will have the final authority to determine whether a property is waqf or government land. Once decided, the collector will update the revenue records and report to the state government. The property will not be recognized as Waqf until the collector’s report is submitted.

Furthermore, disputes with Waqf board decisions can now be appealed to high courts. The Bill also proposes removing provisions that currently allow properties to be considered Waqf based on oral declarations or disputes, which were previously acceptable under Islamic law until formal documentation (waqfnama) was established. Without a valid waqfnama, a property will be deemed suspect or disputed and cannot be used until the district collector makes a final decision.

What is Waqf property?

A Waqf property is a moveable or immovable asset dedicated to God for charitable purposes through a deed or instrument. This practice predates formal documentation, so properties used for a long time can also be recognised as Waqf properties.

Waqf properties can serve either public charitable purposes or be held privately to benefit an individual’s descendants. They are non-transferable and held perpetually in the name of God. The income from Waqf properties typically supports educational institutions, graveyards, mosques, and shelter homes, benefiting many Muslims.

(With inputs from IANS)

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