Indian parliament passes bill seen as step to seizure of mosques

Muslims hold placards during a demonstration against the Waqf Amendment Bill at the Khairuddin mosque in Amritsar, Indian Punjab. (Photo by AFP)

Indian parliament has passed a controversial bill that overhauls laws governing Muslim religious endowments amid the opposition of Muslims and the opposition party.

The Rajya Sabha, the Upper House, approved the legislation early Friday after a 12-hour debate. It passed with 128 votes in favor and 95 against. The Lok Sabha, the Lower House, had cleared the contentious legislation a day earlier, with 288 members voting in favor and 232 against.

Mallikarjun Kharge, leader of opposition in the Rajya Sabha, slammed the ruling BJP government for fostering division by targeting Muslims through the Waqf Bill.

Calling the legislation “unconstitutional” and detrimental to Indian Muslims, Kharge appealed for its withdrawal, citing numerous "mistakes" in the bill.

The bill, proposed by Prime Minister Narendra Modi’s Hindu nationalist government, will change laws regulating Muslim charity organizations and endowments worth more than $14 billion.

The legislation's most contentious aspect pertains to new property validation rules. Many of India's historical mosques, shrines, and graveyards lack formal documentation, as waqf endowments were made centuries ago without legal records.

Critics warn that requiring waqf boards to obtain district-level approval for confirming land ownership could pave the way for government-backed seizures and legal disputes.

These concerns are heightened by recent moves from radical Hindu groups claiming that certain historical mosques were constructed over Hindu temples.

With several such claims currently under review in Indian courts, there is growing concern that the new law might expedite efforts to reclassify or take control of Muslim religious sites.

Senior Congress leader Jairam Ramesh confirmed the party would “very soon be challenging in the Supreme Court the constitutionality of the Waqf Bill, 2024.”

Opposition leader Rahul Gandhi warned that the bill is "a weapon aimed at marginalizing Muslims and usurping their personal laws and property rights."

In a message posted on X on Wednesday, the lawmaker from the elite Nehru–Gandhi political family warned  that the bill is "aimed at Muslims today but sets a precedent to target other communities in the future,"

Muslim organizations and leaders have also slammed the legislation.

Jamaat-e-Islami Hind (JIH) president Syed Sadatullah Husaini termed it a "highly condemnable move" and a "dangerous precedent" that paves the way for "legislative discrimination against Muslims."

The bill is set to be sent to Indian President Droupadi Murmu for the government’s final approval before officially becoming Indian law.

Muslims, who comprise 14 percent of India’s 1.4 billion population, are the largest minority group in the Hindu-majority nation. They are also the poorest, a 2013 government survey found.