Dawoodi Bohra Community Seeks Exclusion from Waqf (Amendment) Bill
The Joint Parliamentary Committee (JPC) meeting on the proposed Waqf (Amendment) Bill, 2024, held on November 5th, 2024, witnessed a significant development with the Dawoodi Bohra Community seeking exclusion from the proposed law.
Senior Advocate Harish Salve, representing the community, highlighted their unique doctrines and practices, emphasizing the need for exclusion to safeguard their faith and administration under the al-Dai al-Mutlaq. He emphasized the community's distinct status as a "religious denomination" recognized by the Supreme Court of India since 1962.
Salve further elaborated on the community's historical efforts to be excluded from waqf legislation, dating back to 1923. He stressed the importance of the al-Dai al-Mutlaq, the sole trustee who administers community properties through Muntazimeen. Challenging his decisions is considered sacrilegious, making him distinct from a Mutawalli appointed by the Waqf Board.
The Dawoodi Bohra Community strongly believes that the Waqf Act of 1995 and the proposed amendment are incompatible with their faith. They argue that the bill fails to recognize their distinctiveness and treats them similarly to other communities, despite their unique practices.
Salve argued that subjecting the community's properties to the Waqf Board's administration would violate their religious freedom protected under Articles 25 and 26 of the Constitution of India. He urged the JPC to exclude the Dawoodi Bohra Community from the provisions of the bill.
The JPC is holding a series of meetings to gather diverse perspectives on the proposed bill. The Committee Chairman, Jagdambika Pal, emphasized their commitment to comprehensive reform and inclusivity in the process.