Dawoodi Bohra Community Seeks Exemption From Waqf Bill, Harish Salve Tells JPC – News18

Last Updated:November 06, 2024, 02:23 IST

It is a matter of record that the Dawoodi Bohra community had made a representation as far back as 1923 to be excluded from the Waqf legislation of the time, it was argued

Noted lawyer Harish Salve appeared before the joint parliamentary committee (JPC) for the Waqf (Amendment) Bill 2024 on Tuesday on behalf of the Bohra community. The community through its advocate has yet again sought exemption from being covered under the new legislation. During the deposition before the committee, Salve said that was the status of the Bohra community even in the earlier forms of the legislation.

The Bohra community is a part of the Muslim community under Shia Muslims. But this community has its own distinct doctrines and is considered to be a sub-minority.

“As early as 1962, the Hon’ble Supreme Court of India recognised the Dawoodi Bohra Community as a ‘religious denomination’ under Article 26 of the Constitution of India’. Even today, this position remains unchanged. The Supreme Court also noted that ‘…the denomination has a right to have the property used for the purposes for which it was dedicated… the management of the property and the right and duty to ensure the proper application of that property is admittedly vested in the Dai as the religious head of the denomination,” the community has argued through its advocate Salve.

It is a matter of record that the Dawoodi Bohra Community had made a representation as far back as 1923 to be excluded from the Waqf legislation of the time, it was argued. “Being a numerically microscopic community, our fundamental practices have regretfully been ignored by the overarching provisions for waqfs. After a century of battling to have our voice heard, we are indeed beholden that we have been given an opportunity to make a representation on the applicability of the Waqf Act, 1995 to this Hon’ble Joint Parliamentary Committee. For the reasons set out below, Dawoodi Bohra Community seeks exclusion from the provisions of any legislation that brings properties dedicated to charity or for the good of the community, under the administration of the Waqf Board since that would be contrary to the faith and essential religious practices of the Dawoodi Bohra Community protected under Article 25 and 26 of the Constitution of India.  The Dawoodi Bohra Community needs and thus seeks a complete exclusion from the Waqf Act, 1995 for the reasons as stated below,” the presentation made by the community before the JPC reads.

Salve also informed the committee that the population of this community is nearly six lakhs across the entire country. “Dawoodi Bohra Community is a small tightly knit community and it does not need the kind of regulation that may be considered necessary or even desirable in relation to other denominations that do not believe in any such religious tenet,” Salve has argued.

Multiple MPs from the opposition asked Salve if the Bohras had any comments to make on certain provisions being proposed in the new law, including the appointment of non-Muslims to the board and Waqf. Sources say that the community represented by Salve chose not to make any comments on this.

The task of the committee is cut out with the deadline nearing for it to submit the report to Parliament in the upcoming winter session.

On Wednesday, the government also announced that the winter session of Parliament will be held from November 25 to December 20.

The JPC has so far held 22 meetings in Parliament, apart from a five-day tour across multiple states. The committee is also touring five states and covering nine state boards during its visit next week.