00:00This house does not have the competence to make these amendments.
00:03It is a grave attack on the basic structure of the constitution
00:05as it violates the principle of judicial independence, separation of powers.
00:09Now you are stopping me from praying.
00:11Now what you are doing, you are restraining Waqf-ul-Aulad.
00:14That is not only discriminatory and violating Article 25, sir.
00:18This bill that you are bringing, you are doing the work of dividing the country,
00:22not of uniting it.
00:24You are the enemy of Muslims, this is the proof of that bill.
00:26Under Rule 72 to oppose the Waqf Amendment Bill,
00:30sir, I oppose the introduction of the bill under Rule 72-2
00:34on the grounds that this house does not have the competence to make these amendments.
00:39This bill patently violates the principles provided in Article 14, 15 and 25, sir.
00:43It is both discriminatory, arbitrary.
00:46It is a grave attack on the basic structure of the constitution
00:48as it violates the principle of judicial independence, separation of powers.
00:52Sir, one thing has to be understood that the Waqf management of a property
00:56is an essential religious practice for a Muslim.
01:00By denying legal recognition to Waqf-ul-Aulad under Clause 4
01:04and Waqf by use under Section 3R1,
01:07government has sought to severely restrict how Muslims can manage their Waqf property.
01:12Sir, in fact, Hindu endowment boards, I challenge,
01:15Hindu endowment boards are recognized even by usage and custom.
01:20Here you are asking for documentation.
01:23No existing law, whether non-religious or personal,
01:26limits the right of a person to will their property or dispose it.
01:31But what you are doing over here,
01:33a Hindu can give through will his complete property to his daughter or son.
01:40I as a Muslim cannot do, I can only give one third.
01:43But what you are doing, I can gift,
01:44but I cannot give it in the name of Allah subhanahu wa ta'ala.
01:48Now you are stopping me from praying.
01:50Now what you are doing, you are restraining Waqf-ul-Aulad.
01:53That is not only discriminatory under Article 25, sir.
01:58There is no limit on anyone to will their property or dispose of.
02:01Sir, to insist that a person has practiced Islam for five years.
02:06Sir, give two minutes to everyone.
02:09If tomorrow someone comes and says,
02:10no, I have not been practicing Islam for five years.
02:14Who will decide, sir?
02:15And there is a new convert.
02:17Does he have to wait for five years to give his property to Waqf?
02:21Isn't that violation of right to freedom of religion?
02:25Sir, another point, sir.
02:26Now, no such provision exists for Hindu endowment
02:29or Sikh Gurdwara Parbandar Committee.
02:32Now, irony of the amendment, sir,
02:33is that non-Muslims can become members of CWC, SWB,
02:37but he cannot dedicate Waqf.
02:39Arbitrary, why is it arbitrary?
02:41Sir, existing law protects the status of registered Waqf properties.
02:44You have replaced that.
02:45By empowering collector to determine title,
02:48you are violating principle of rights and justice
02:50that one may not be a judge in their own cause.
02:53Section 61, if DM says to Muttawalli,
02:56make this Masjid as a government property,
02:59if he does not listen, punishable offence.
03:01This is against separation of powers,
03:04part of which is basic structure.
03:06This bill excludes tribunal decisions from being final.
03:09If collector has been replaced by tribunal,
03:12and who is going to look in tribunal?
03:15A retired government judge and a retired government employee.
03:18How can the nominee be a part of this composition, sir?
03:21In our...
03:22Okay.
03:23Okay.
03:24Sir, please, sir, please, sir.
03:26Should we do it like that?
03:27Only secretary level officers...
03:28Sir, please tell us in detail, sir.
03:30Sir, I am finishing.
03:31Secretary level officers can be appointed technical members.
03:34Eighty-three states have joined secretary level tribunal.
03:37Waqf properties, sir, are not public properties.
03:40By removing Waqf by user,
03:43this government wants to take over Dargah,
03:45Masjid and Waqf properties, sir.
03:48Take this example of 107.
03:50You have made it more difficult to be removed.
03:53Encroachment will happen.
03:54Section 37 removes protection to Waqf properties.
03:57Section 40, prejudicial amendments.
03:59And the government is...
04:01Sir, I am finishing.
04:02Government is saying...
04:03Sir, I am finishing.
04:04Half a minute.
04:05Government is saying that we are giving to women.
04:08I am sure that you will make Bilqis Bano
04:11and Zakia Jafri members.
04:13I am sure.
04:14I want to know from you, sir,
04:16that this bill that you are bringing,
04:19you are doing the work of dividing the country,
04:21not of uniting it.
04:23You are the enemy of Muslims.
04:25This is the proof of that bill.
04:26Thank you, sir.
04:27Don't miss out.
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