Pawan Khera: Waqf Bill is both ‘anti-Muslim’ and ‘anti-Constitutional’

New Delhi: Congress Spokesperson Pawan Khera has slammed the Waqf (Amendment) Bill, describing it as not only “anti-Muslim” but also “anti-constitutional.”

Khera claimed that the Bill is a direct assault on the core principles of the Indian Constitution, particularly those envisioned by B.R. Ambedkar – “equality, federalism, and minority rights.”

“The Waqf (Amendment) Bill brought by this fascist government isn’t just anti-Muslim, it’s anti-Constitutional as well. This is a direct assault on Babasaheb Ambedkar’s vision of equality, federalism, and minority rights,” he said.

In a long post shared on X, Khera on Wednesday said that the Bill violates several key constitutional provisions and “threatens” the autonomy of religious and minority institutions.

He shed light on specific sections of the Bill that he believes “undermine the rights guaranteed to religious minorities in India.”

“Here’s why every party and individual who claims to stand for secularism and democracy must oppose this Bill,” he said.

Khera pointed to Section 3C of the Bill, which grants state government officers the power to decide disputes related to Waqf properties. The Congress leader argued that this provision is a clear violation of Article 26, which guarantees religious denominations the right to manage their own affairs in matters of religion.

“This is a direct interference in religious affairs and a blatant assault on the autonomy of the Waqf Board,” Khera said.

The Congress Spokesperson also faulted the Bill’s requirement that two non-Muslim members be included in the Waqf Boards (Sections 9 and 14). Khera slammed this provision as what he called “an attempt to impose majoritarian control over a religious institution”, questioning, “Would the government ever demand Muslim members in the Ram Mandir Committee?”

“This provision reeks of majoritarianism. Imagine demanding Muslim members in the Ram Mandir Committee? Article 30 guarantees minorities the right to self-manage their institutions, and this Bill destroys that autonomy,” he wrote.

He argued that this violates Article 30, which guarantees minorities the right to manage their educational and religious institutions.

Another contentious provision Khera flagged was Section 3(r), which stipulates that only Muslims who have practiced Islam for five years can endow property as Waqf.

He described this as a form of state-sanctioned discrimination, questioning, “Since when does the state decide who is a ‘real’ Muslim?”

Khera claimed that this provision violates Article 14 (which guarantees equality before the law) and Article 25 (which ensures the right to practice and propagate religion).

The Bill also proposes the abolition of the concept of ‘Waqf by user’, which Khera argues is an integral part of Muslim Personal Law. According to Section 36(1A), this provision would require formal deeds instead, effectively erasing centuries-old traditions. Khera contended that this violates Article 29, which protects the rights of minorities to preserve their culture and traditions.

“Article 29 protects minority traditions, why is the BJP hell bent on rewriting religious jurisprudence?” he argued.

Khera also took issue with Section 3B of the Bill, which mandates a centralised digital portal for Waqf property registration. This move, according to Khera, undermines state autonomy and violates the Concurrent List (Entry 28) of the Indian Constitution, which allows states to have control over matters related to property registration.

He said that this move goes against Ambedkar’s vision of a federal democracy, which emphasises the balance of power between the central and state governments.

Khera raised alarm over Section 3C of the Bill. “The real agenda behind the bill? Waqf land grab. Sec 3C of the bill allows state government officers to declare waqf properties as government land based on vague inquiries. With no clear criteria, this is a recipe for mass dispossession. This means thousands of Waqf-run schools, mosques, and hospitals could be seized overnight,” he said on X.

Khera concluded by accusing the BJP of attempting to dismantle the very foundations of India’s Constitution.

“With a single stroke, the BJP intends to scrap multiple Constitutional provisions like: Religious freedom (Articles 25-26), Minority rights (Articles 29-30), Federalism (Article 246), Equality (Article 14). The Constitution is not the BJP’s personal manifesto,” Khera wrote.

–IANS