Congress Slams Waqf Bill As '4D Assault' On Constitution, Minorities: 'Dilute, Defame, Divide, Disenfranchise'

On Wednesday, Congress MP Gaurav Gogoi unleashed a blistering counteroffensive after Minority Affairs Minister Kiren Rijiju introduced the Waqf Amendment Bill, accusing the BJP-led government of attempting to "defame (and) disenfranchise minorities" and launching a "4D assault on the Constitution".

Gogoi also challenged the government over a controversial clause stipulating that donations can only be made by a Muslim who has practised their faith for at least five years.

Photo Credit: Sansad TV via PTI Photo

He called it a lamentable state of affairs when the government takes it upon itself to issue "religious certificates".

"Today the condition of minorities has become such the government will give a 'certificate' of their religion. Will they ask for certificates from other religions also... whether they have completed five years? Why is this being asked of Muslims? Why is the government interfering in religion?" he questioned.

In his extensive rebuttal to Rijiju, the Assam MP opened by alleging the Union Minister had made misleading remarks, earning a rebuke from Speaker Om Birla.

"This bill is an assault on the Constitution..." he began, unleashing a "4D" salvo at the BJP. "The aim is to dilute the Constitution, defame and disenfranchise minorities... divide Indian society."

Gogoi also highlighted that the Minority Affairs Ministry failed to mention this bill during four meetings of its parliamentary committee in 2023, a year before the amendments were abruptly tabled.

He argued that the government's talk of "reform" of the Waqf laws-emphasised by Rijiju in his speech-was a distraction to enable the BJP to undermine the electoral process and disrupt communal harmony.

"... in BJP-ruled states Muslims weren't allowed to offer Eid prayers (on Monday)," he alleged, claiming the government was using Waqf amendments as a smokescreen to "vilify minorities".

The Congress leader also tore into the workings of the joint parliamentary committee (JPC) tasked last year with scrutinising the proposed Waqf law changes.

The committee, chaired by a BJP MP accused of consistently dismissing opposition views, held several meetings over six months. Ultimately, 66 amendments were suggested, with the opposition's 44 rejected and the 23 from the BJP and its allies accepted.

In February, the government approved 14 of those 23 changes.

Opposition MPs were incensed by the rejection of their proposals and protested further when their dissent notes were omitted from the final report, though these were later reinstated.

"I have never seen a JPC like this before," Gogoi remarked, noting the absence of clause-by-clause discussions and the sidelining of opposition input. "People with no connection to the Waqf boards were called to speak," he added, echoing a common grievance.

"Parliament Claimed As Waqf"

Earlier, Rijiju alleged that the Congress had made "questionable" alterations to Waqf laws during its tenure, including the denotification of "123 major buildings... given to the Waqf". He claimed the Congress-led UPA government would have handed Parliament itself to the Waqf if not restrained.

Rijiju also noted that the government had scrapped a "draconian provision" in the existing Waqf laws, which he said had allowed "any land to be declared as Waqf property".

Waqf Amendment Bill Timeline

The Waqf Amendment Bill was first presented in the Lok Sabha in August last year amid fierce opposition protests, which branded the proposed law "draconian". The following day, it was referred to the JPC, which submitted its report in February after opposition MPs complained their perspectives were ignored.

The BJP dismissed these accusations; panel member and Lok Sabha MP Aparajita Sarangi insisted Pal "tried to hear everybody out and gave sufficient time for everybody to move amendments..."

The JPC conducted nearly three dozen hearings over six months, many descending into disorder, with at least one erupting into physical violence when Trinamool MP Kalyan Banerjee smashed a glass bottle on the table.

In the end, 66 amendments were proposed-44 from the opposition were rejected, while all 23 from the BJP and its allies were accepted. Following a vote, 14 of the 23 were approved.

The exclusion of an annexure containing opposition dissent notes sparked another uproar. The government maintained the Chair had discretion, but after negotiations, agreed to include the notes.

The original draft of the Waqf Amendment Bill had proposed 44 changes.

These included appointing non-Muslim and at least two female members to each Waqf board, alongside a Union Minister, three MPs, and individuals of "national repute". It also suggested restricting donations to Muslims who had practised their faith for at least five years.