Indian opposition vows to fight 'unconstitutional' Waqf Bill 2024

India’s opposition parties have vowed to challenge a controversial bill overhauling laws on Muslim religious endowments, calling it unconstitutional and discriminatory.

The Waqf (Amendment) Bill 2024, passed by India’s upper house of parliament early on Friday, seeks to make sweeping changes to a 1995 law that governs waqf properties — assets donated permanently by Muslims for religious or charitable purposes.

Prime Minister Narendra Modi hailed the bill as a “major milestone for reform and transparency,” but critics say it infringes on the rights of India’s Muslim minority and could pave the way for state control over religious sites.

The amended law allows for non-Muslims to be appointed to waqf boards and expands government powers to verify ownership of such properties. Many historic waqf assets, including mosques, shrines, and graveyards, lack formal documentation due to the traditional nature of their endowment, some dating back centuries.

Home Minister Amit Shah defended the legislation, saying it would help root out corruption by stopping individuals from leasing waqf land for personal gain. “That money, which could be used to aid the development of minorities, is being stolen,” he said.

However, opposition leaders and Muslim organisations strongly object to the bill. Congress party leader Sonia Gandhi described it as “a brazen assault on the Constitution”, while her colleague Jairam Ramesh confirmed the party would soon file a legal challenge in the Supreme Court.

“This is part of the BJP’s deliberate strategy to keep society in a state of permanent polarisation,” Gandhi said, referring to Modi’s right-wing Bharatiya Janata Party.

Tamil Nadu’s Chief Minister M K Stalin also condemned the bill, saying his party would contest it in court. The state assembly passed a resolution earlier opposing the amendments.

Mahua Moitra, a parliamentarian from the All India Trinamool Congress, posted on X (formerly Twitter): “The Waqf Bill tells every Indian Muslim: ‘You are not an equal citizen of India, know your place.’ Never felt so sad, so ashamed.”

Muslim groups have also denounced the bill. The All India Muslim Personal Law Board said it violated the fundamental principles of Islamic endowments, which must be governed by Muslims. Jamaat-e-Islami Hind called the bill “a direct assault on religious freedom and constitutional rights.”

Although some in the Muslim community acknowledge issues of mismanagement and encroachments on waqf land, there are widespread fears that the new law will allow India’s Hindu nationalist government to exert greater control over Muslim institutions.

India’s Muslim population, which comprises around 14% of the country’s 1.4 billion people, is the largest religious minority and among the most economically marginalised groups. Critics say the waqf legislation is part of a broader pattern of marginalisation under Modi’s government, which has faced repeated international criticism for its treatment of religious minorities.

In its 2024 annual report, the US Commission on International Religious Freedom noted a continued decline in religious freedom in India, accusing the government of promoting hate speech and disinformation against Muslims.

The Indian government has dismissed these claims, insisting that it upholds constitutional values and equality for all citizens.