With the Waqf (Amendment) Bill figuring in the list of business of the Winter Session of Parliament, which began on Monday, the Biju Janata Dal (BJD) has intensified its protests against the proposed changes in the law and has alleged that Muslims who are the “primary stakeholder” were not consulted before it was introduced.

This comes at a time when Opposition MPs have sought an extension of the tenure of the Joint Committee of Parliament that is looking into the proposed law, saying stakeholders have so far not had a chance to voice their concerns about it.

In June, the BJD first opposed the proposed amendments to the Waqf Act of 1995. On Sunday, they staged a protest in Bhubaneswar against the amendments. The protest came a day after Prime Minister Narendra Modi, addressing party workers after the BJP’s thumping victory in the Maharashtra Assembly polls, accused the Congress of giving away properties to the Waqf Board.

On Monday, the BJD again reiterated its problems with the Bill. The BJD, which was unseated from power in Odisha after two decades, lost out on its Lok Sabha strength as well, not being able to retain a single seat in the Lower House of Parliament. In the Rajya Sabha, the BJD has seven MPs.

BJD Rajya Sabha MP Muzibulla Khan expressed concerns about the specific provision in the proposed amendment about district magistrates determining whether a property is Waqf or government-owned. “It is detrimental to the autonomy of Waqf institutions. Such provisions could lead to bias, misuse, and the weakening of the authority of Waqf boards,” Khan said.

The proposed changes in the Waqf Act had “far-reaching implications on the autonomy, protection and governance of Waqf properties that are considered sacred and integral to the religious and social welfare of the Muslim community”, Khan added.

The Rajya Sabha MP demanded that Waqf properties — which have been surveyed by various survey commissioners and published in the official gazette — should continue to be recognised and protected as Waqf properties. “Revoking or diluting this recognition (as Waqf properties) may lead to disputes and jeopardise the sanctity of these properties,” said a BJD leader.

BJD leaders said the party was focusing on its opposition to the Amendment Bill and was looking to become a strong opposition force against the NDA government to preserve “secular values”. The BJD said it was not looking at its opposition to the Bill as an electoral move, given the 2.17% Muslim population in Odisha as per the 2011 Census.

The Waqf (Amendment) Bill, 2024, proposed some sweeping changes to the regulatory framework of Muslim charitable endowments. The changes, opposed by Opposition parties and dubbed “unconstitutional”, included giving the government a big say in regulating Waqf properties, redefining how a property is deemed to be in the possession of Waqf to changing the composition of Waqf boards in states. The Lok Sabha then tasked a 31-member committee to scrutinise the Bill.

This Joint Committee has also been making news. While the Opposition members in the committee blame it on the deposition of “non-stakeholders” and the committee sessions being run in “violation of rules”, members from the BJP allege wilful disruption on the part of the Opposition to avoid facing tough questions.

A Waqf is a personal property given by Muslims for a specific purpose — religious, charitable, or private purposes. While the beneficiaries of the property can be different, the ownership of the property is implied to be with God. A Waqf Board has powers under the law to administer the property and take measures for the recovery of lost properties of any Waqf and to sanction any transfer of immovable property of a Waqf by way of sale, gift, mortgage, exchange, or lease. However, the sanction shall not be given unless at least two-thirds of the members of the Waqf Board vote in favour of such a transaction.

The provisions of the Waqf (Amendment) Bill essentially carry a presumption that government land is incorrectly deemed Waqf property in some cases and that the issue needs government intervention.