Ramesh: BJP undermining India’s social fabric and constitutional guarantees

New Delhi: In a scathing critique of the government’s proposed Waqf (Amendment) Bill, 2024, Congress General Secretary (Communications) Jairam Ramesh has accused the ruling Bharatiya Janata Party (BJP) of undermining India’s social fabric, religious harmony, and constitutional guarantees.

In a statement issued on March 23, 2025, Ramesh expressed grave concerns about the Bill’s implications for minority rights and its potential to fuel religious polarisation.

Ramesh outlined five specific reasons why the Bill is fundamentally flawed. First, he argued that the Bill seeks to strip away the powers of established institutions responsible for managing waqf properties, including the national council, state boards, and tribunals. These bodies, which have traditionally safeguarded the community’s rights to manage its religious affairs, would be weakened under the new law, depriving minorities of their autonomy.

Second, Ramesh pointed to the introduction of ambiguous provisions regarding land donations for waqf purposes, which he believes will alter the very definition of waqf.

The third issue raised by Ramesh was the Bill’s decision to abolish the waqf-by-user concept, a longstanding judicial practice that recognises properties used for religious purposes as waqfs, even without formal registration.

Fourth, Ramesh criticised the removal of provisions that previously safeguarded the administration of waqfs, while simultaneously introducing defences for those who have encroached upon waqf lands. This, he contended, weakens the protection of waqf properties.

Lastly, he expressed alarm over the excessive powers granted to state government officers, allowing them to derecognise waqfs based on mere complaints or allegations. Ramesh emphasised that this could lead to misuse and further undermine the rights of religious communities.

The proposed amendments, which have passed through a Joint Parliamentary Committee (JPC), have been met with strong opposition from Congress, with Ramesh accusing the JPC of rushing through the legislation without thorough debate.

While the government argues that the Bill is designed to streamline waqf management and tackle property encroachments, the opposition sees it as an effort to erode the rights of religious minorities. The Bill’s passage is expected to be contentious, as it continues to stir debate over the balance between government oversight and religious autonomy.