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Waqf law rules drafted, may be approved in 15-20 days: Officials
Waqf law rules drafted, may be approved in 15-20 days: Officials

Hindustan Times

time2 days ago

  • Business
  • Hindustan Times

Waqf law rules drafted, may be approved in 15-20 days: Officials

New Delhi The Union minority affairs ministry has drafted rules to operationalise the controversial Waqf (Amendment) Act, 2025 and sent it to the Union law ministry, officials told HT on Thursday, adding that the rules could be approved within 15-20 days, paving the way for their presentation in the upcoming monsoon session from July 21. The contentious amendments to the central waqf law, which aims to make sweeping changes in the regulation and management of Islamic charitable endowments, was cleared by Parliament in April. The Supreme Court has reserved its judgment on a raft of petitions asking for a stay on some of the law's controversial provisions. A senior minority affairs ministry official, speaking on the condition of anonymity, said the rules were drafted in 'record time' following the law's passage on April 4. 'We have recently sent it to the law ministry and solicitor general Tushar Mehta for final approval and finishing touches,' the official said. 'Once approved there, it goes to the Centre for final sign-off, then notification in the public gazette.' Former secretary general PDT Achary told HT that there is 'absolutely no rule and requirement for the government to first notify the parliament about the rules and then notify.' 'As soon as the rules are approved, they can be uploaded and publicly notified through the gazette and come into effect. The government has to table it in the Parliament but there is no rule about the rules being notified to the parliament first,' he said. Union Minister for minority affairs Kiren Rijiju separately confirmed that the rules are with the law ministry for finishing touches. A waqf is a Muslim religious endowment, usually in the form of landed property, made for purposes of charity and community welfare. The draft bill, introduced by the government last year and amended after recommendations by a joint parliamentary committee, proposed major changes in the regulation and governance of India's waqf boards. The law accords more power to the government and allows for the appointment of non-Muslims and women to waqf boards, but the Opposition alleged it is unconstitutional. The rules are crucial because they will not only operationalise the changes but also clarify key procedures in registration of waqf properties, working of the central portal, and norms guiding the picking of members in the council. The law scraps the waqf by user provision – where a property is acknowledged as waqf because it has been used for religious activities for some time, despite there being no official declaration or registration as waqf – with prospective effect, permits women, Shia sects and government officials to be members of waqf bodies, and gives overriding power to senior officials to determine if a government property belongs to a waqf. The law also allows only a person 'showing or demonstrating that he is practising Islam for at least five years' to donate properties to waqf and stipulates that women and other rightful heirs can't be denied their inheritance due to the creation of a waqf. The official cited above expressed confidence that the government will be able to push through the rules before the next session of Parliament. 'The process should take a few days. We hope the rules will be published within 15-20 days, in time for tabling in the monsoon session,' the official cited above said. 'It is a huge achievement... we did not think the process would be this seamless. We had good support from the states and completed the final rules drafting in record time.' Approximately 15-20 stakeholder consultations with states, other ministries, and groups occurred during the drafting process, the official said. 'Every single updated draft, no matter how minor the changes, was shared with the states for their views. Each state participated without exceptions,' the official added, requesting anonymity. In India, rules under a newly enacted law are notified by the relevant ministry through publication in the official gazette, exercising authority granted by specific provisions within the parent Act itself. The Waqf act also states it. While this core notification process isn't detailed in the Constitution, the crucial requirement for subsequent parliamentary scrutiny flows from it. Mandated by the Rules of Procedure of the Lok Sabha and Rajya Sabha – framed under Articles 118(1) and 208(1) of the Constitution respectively, and reinforced by the Delegated Legislation Provisions (Amendment) Act, 1983 – these notified rules must be laid before both Houses of Parliament within 30 days, where they can be modified or annulled. The act states, 'Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.' Activists, opposition parties and bodies such as the All India Muslim Personal Law Board (AIMPLB) have already challenged key provisions of the new law. On May 22, the top court reserved judgment on petitions challenging the Waqf (Amendment) Act, 2025, after hearing arguments on an interim stay. The official quoted above clarified that the rules will provide 'finer operational details', particularly concerning the newly launched UMEED (Unified Waqf Management, Empowerment, Efficiency and Development) portal. The portal aims to create a centralised digital inventory with geo-tagging of all Waqf properties, establish an online grievance redressal system, enable transparent leasing and usage tracking, integrate with GIS mapping, and provide public access to verified records. Rules governing this portal will form a significant part of the final notified rules, the official said. This official said that incorporating the recommendations of the joint parliamentary committee, which examined an earlier iteration of the bill, received special attention during the drafting of rules. 'We want an all inclusive approach to it,' the official said. 'Even if the Supreme Court says something, we will just make the changes in the rules but since the act has been passed and received the President's assent, we will notify rules,' the official stated. Groundwork for implementing the new law has already commenced. The minority affairs ministry wrote to all chief secretaries last week, directing them to train district-level officers. These officers will subsequently train mutawallis (waqf property managers) and other officials involved. 'The biggest task for implementing the rules is capacity building so we have already started with the same,' the official explained. 'As a Union ministry, we can train state level officers but the states will in turn have to train district level officers... so they can be in a good position to implement the rules once notified.' Once the central rules are notified, the ministry's next task involves formulating model rules for states. A 4-5 member committee comprising retired law ministry officers and other experts has been tasked with creating these model rules, which states can then adapt according to their specific contexts.

Malaysians divided over privacy invasion after Health Minister posts Hadi Awang's post-op pics online
Malaysians divided over privacy invasion after Health Minister posts Hadi Awang's post-op pics online

Focus Malaysia

time3 days ago

  • Health
  • Focus Malaysia

Malaysians divided over privacy invasion after Health Minister posts Hadi Awang's post-op pics online

HEALTH Minister Datuk Seri Dr Dzulkefly Ahmad has come under fire for sharing details of Tan Sri Hadi Awang's post-op condition on social media. While paying a courtesy call on the PAS supremo who is recovering after a heart procedure at the National Heath Institute (IJN), the vice-president of Amanah – a splinter party of PAS – must have thought that he had done some goodwill by publicising his visit, Salam Malaysia MADANI ❤️🇲🇾❤️ AlhamdulilLah, saya berkesempatan untuk menziarah Tan Sri Tuan Guru Haji Abdul Hadi Awang yang kini sedang menerima rawatan di Institut Jantung Negara (IJN). Saya dimaklumkan bahawa walau pun prosedur yang kompleks, semuanya telah… — Dzulkefly Ahmad (@DrDzul) June 18, 2025 Not only did Dr Dzulkefly name the entire line-up of top-notch specialists dedicated to taking care of the 77-year-old seven-term Marang MP but there were also photos of the patient recuperating post-op. The Kuala Selangor MP who is a medical expert himself gladly reported that the heart procedure went well and that the revered Tok Guru is expected to make a full recovery. Nothing wrong, correct? Except that the MP for Marang's family were far from pleased with this bit of opportunistic propaganda. Keluarga Abdul Hadi Awang menyatakan rasa kesal dengan penyebaran gambar lawatan Menteri Kesihatan Dr Dzulkefly Ahmad yang menziarahi presiden PAS itu di Institut Jantung Negara (IJN), Kuala Lumpur, hari ini. Anaknya Muhammad Khalil berkata, pihaknya kecewa dengan sikap… — Malaysiakini (BM) (@mkini_bm) June 18, 2025 Hadi's son Muhammad Khalil claimed that it was extremely unprofessional in sharing images of his father convalescing without the family's express consent. As the Health Minister, Dr Dzulkefly is expected to be well-versed with hospital protocols. Make absolutely no mistake that this hospital visit and subsequent social media post were very much about political point scoring. Firstly, such a post very subtly and indirectly paints a picture of a sick, old man who is no longer capable of public office. Secondly, it creates the perception that PAS by extension is a weak party as it is being led by an ailing leader who simply refused to step down despite his deteriorating health condition. Thirdly, the post identifies a whole host of surgeons, specialists and medical professionals, many of whom are non-Muslims. The ploy here is clearly to show that Hadi – despite his many incendiary pronouncements on minority Malaysians – has received the best medical treatment possible from specialists of different ethnicities. It must be noted that it is crucial to obtain explicit and informed consent from the patient before taking any photos or videos of them in a hospital setting. This is essential for upholding patient privacy, confidentiality and ethical medical practice. Failure to do so may lead to legal action by the patient. As such, Hadi's family has expressed its unhappiness and disappointment at Dr Dzukefly's actions as have many netizens who pointed out that this was simply wrong (some presumably pro-opposition commenters had even mooted legal action). But as highlighted by some commenters, there had been previous instances when such hospital visits were publicised. Whatever the case is, it would appear that Hadi's family did not provide the required permission and there are other ramifications to this being put out for public consumption. It does appear that there has been a serious lapse of judgement on the part of Dr Dzulkefly despite couching his post in well-wishes and prayers of a speedy recovery. Or does he think the political mileage gained is worth it? In Malaysia, nothing it seems is sacred, especially patient privacy and confidentiality. – June 19, 2025 Main image credit: Dzulkefly Ahmad (@DrDzul)/X

Calcutta HC stays implementation of new West Bengal OBC list
Calcutta HC stays implementation of new West Bengal OBC list

Scroll.in

time4 days ago

  • Politics
  • Scroll.in

Calcutta HC stays implementation of new West Bengal OBC list

The Calcutta High Court on Tuesday stayed the implementation of a West Bengal government notification classifying 140 communities as Other Backward Classes, Bar and Bench reported. A bench comprising Justices Tapabrata Chakraborty and Rajasekhar Mantha told the state government not to take steps based on the list till July 31, when the case will be heard next. The West Bengal government had earlier this month issued a notification adding 76 sub-castes to the Other Backward Classes category, taking the total number of communities in the grouping to 140. Out of these, 80 communities are from among Muslims, while 60 are non-Muslims, The Indian Express reported. Muslims comprise 57.1% of the population included in the OBC category. The state government's previous list of OBCs had 113 sub-groups, of which 77 were Muslims and 36 non-Muslims. However, the High Court had in May 2024 struck down the list, and had reduced OBC reservations from 17% to 7%, The Times of India reported. The new list would allow the state government to restore OBC reservations to 17%. The High Court's May 2024 decision was expected to affect nearly five lakh certificates. The state government's challenge to the verdict is pending before the Supreme Court. Opposition leader Suvendu Adhikari claimed that the new list prepared by the government amounted to contempt of court, and alleged that the Trinamool Congress government was trying to provide reservations in education institutes and government jobs on the basis of religion. The Bharatiya Janata Party leader claimed that before 2010, there were 66 communities in the OBC list, of which only 11 were from among Muslims, The Indian Express reported. However, the Trinamool Congress said that backwardness, and not religion, was the criterion for groups being included in the OBC list. It accused the BJP of trying to pit Hindus against Muslims and following a 'divide and rule' policy.

Women, minorities: SC CB says 39 reserved seats should have been allocated to PTI
Women, minorities: SC CB says 39 reserved seats should have been allocated to PTI

Business Recorder

time4 days ago

  • Politics
  • Business Recorder

Women, minorities: SC CB says 39 reserved seats should have been allocated to PTI

ISLAMABAD: The Constitution Bench observed on Tuesday that the reserved seats for women and non-Muslims, to the extent of 39 candidates, as ruled by 11 judges, should have been allocated to the Pakistan Tehreek-e-Insaf (PTI). Justice Syed Hassan Azhar Rizvi inquired why the Supreme Court judgment upto 39 candidates has been implemented. He noted that when other political parties in the National and the provincial assemblies have been allocated reserved seats then why those were withheld to the PTI. Justice Muhammad Ali Mazhar said the Election Commission of Pakistan (ECP) at least to the extent of 39 candidates should have distributed reserved seats to the PTI. Director General (Law) of the Commission, who was present in the Court, submitted that the notification of 39 independents, joining the PTI, has been issued, but the reserved seats could not be distributed, as the review petitions were filed and once the verdict on the petitions passed then the reserved seats would also be allocated. An 11-member Constitutional Bench, headed by Justice Aminuddin Khan, heard the review petitions of Pakistan Muslim League-Nawaz (PML-N), Pakistan Peoples' Party (PPP) and the Election Commission of Pakistan (ECP). The proceeding was live-streamed on SC's YouTube channel. Faisal Siddiqui argued that 11 judges of a 13-member bench maintained that 39 independents are members of the PTI and it is entitled to the reserved seats. He submitted that on mere technicalities that the PTI was not before the Court or has not filed any application or not expressly impleaded, therefore, the reserved seats cannot be denied to it. Justice Jamal Khan Mandokhail questioned that those candidates who in their nomination forms wrote that they are independents then how they could be forced to join a particular political party. He said it is not a simple thing because majority of the candidates were not contesting elections for the first time, and were educated people. Justice Amin asked whether it is written in the Elections law that the candidate has to submit an affidavit along with his nomination paper. He said when a candidate had given affidavit that he has contested as an independent candidate then how the Court can tell those persons to join a particular party. He asked Faisal why did he want that the Court ignore all these facts and accept his plea. The SIC counsel responded that they were demanding only those things, which Fatima Jinnah had asked for in 1960s. Justice Amin said no PTI candidate agitated his grievance before the Court and they also joined the SIC. In his arguments, Faisal raised a pertinent question whether the Commission which adjudicates between the two parties can invoke the jurisdiction of the Supreme Court to defend its decisions by filing review petition. 'This is clear-cut mala fide', he said, and added that the Commission is taking sides. He contended that other parties i.e. PPP and PML-N can file review petitions, the review petition of the ECP should outrightly be rejected as it is not maintainable.' He said a party (ECP) which has not implemented the judgment for the last one year was given right of audience. 'There has to be some dignity of the Supreme Court, as its verdicts should not be defied like that.' Faisal argued that the majority judgment has increased the time-line so that the independent candidates could join the PTI. He maintained that not only the Supreme Court has extended time period in the past, but the Election Commission of Pakistan also did the same in 2018 when for the Balochistan Awami Party (BAP) they had issued a new schedule for reserved seats. Upon that, Justice Mandokhail questioned should this bench do the same? He said that the timeline under Article 51 of the Constitution is not writing in stone, it can be relaxed, as the majority judgment noted that the whole process of general elections February 2024 was marred with mala fide; therefore, they have reversed the process and 15-day time was given to the PTI backed independent candidates to decide about joining the party. Justice Jamal Khan Mandokhail said that the constitution gives three days to the independents to join any party they wish, then why the 15 days were given, adding the majority judgment introduced new thing in the constitution. Faisal Siddiqui asked the Court not to see this case with an ordinary lens, saying this case is most important as the will of the people through their representatives is involved in this case. He also requested the bench to see complete justice by the majority judgment be respected. He said; 'Even though the judgment is against me (the SIC), I still would defend the judgment.' The case was adjourned until today (Wednesday). Copyright Business Recorder, 2025

Calcutta HC halts West Bengal's new OBC list notification until July 31
Calcutta HC halts West Bengal's new OBC list notification until July 31

Time of India

time4 days ago

  • Politics
  • Time of India

Calcutta HC halts West Bengal's new OBC list notification until July 31

A division bench of the Calcutta High Court , on Tuesday has given an interim stay on issuance of the notification for fresh Other Backward Class (OBC) list by West Bengal government in connection with 140 fresh new sub-classification of OBC. The stay order will be valid until July 31. The division bench of Justice Tapabrata Chakraborty and Justice Rajasekhar Mantha heard the matter today. The interim order was passed by High Court's Division Bench following a petition, seeking intervention of the High Court. Lawyer Bikram Bandopadhyay, who was one of the petitioner, said, 'The survey was done in haste within one month without following SC directives. We requested the Calcutta High Court to quickly do the hearing as the survey did not follow the Supreme Court guidelines. After two-day long hearing, the court has granted interim stay on notification.' 'Sub-classification related notification has been stayed. The stay order will be still July 31. We had asked to prepone the hearing. Justice Raja Sekhar Mantha questioned about new sub-classification,' the advocate added. Live Events A fresh survey was started by the state government on OBC classification . On March 18, the state government had informed the apex court to complete the process of the fresh survey within the next three months. In May 2024, the Calcutta High Court had rejected all OBC certificates issued in West Bengal since 2010. The fresh OBC list reportedly included 140 sub-sections of OBC, with 80 minority and 60 non-Muslims, as pointed out by Chief Minister Mamata Banerjee in the assembly. The stay order will be valid until July 31. Meanwhile, BJP leadership in Bengal has welcomed the court's order. Leader of Opposition Suvendu Adhikari welcoming the verdict, 'This is a victory of the judiciary against an arrogant state government. The Mamata Banerjee-led TMC government's blatant appeasement politics, as evident from the disproportionate inclusion of almost 90% new Muslim Classes in the OBC list, has been directly affront to the principles of equality and fairness.' Union MoS for Education and BJP State President Sukanta Majumdar said, 'The verdict shows Mamata Banerjee is anti-court and anti Consti. It is like giving reservation in the name of religion is being done. Under the name of OBC-A and B. There is an attempt to give 97% reservation to the Muslims from backdoor.' "Gratitude to Calcutta High Court for striking down Mamata Banerjee's attempt to stuff the OBC list with 76 Muslim groups—nearly 90% of new entries. This wasn't social justice. It was blatant, communal appeasement—a cynical move to hijack reservations for vote-bank politics,' Majumdar said in his X Handle. 'We are not above court. Let us see the verdict. OBC related survey has been done following court order. It is a false campaign.,' Trinamool leader Arup Chakraborty said. Admission stalemate With the High Court stay, uncertainty related to the entire admission procedure for colleges looms large. Ahead of the HC order, State Education Minister Bratya Basu said, 'If there is any order comes, we will take emergency actions. Our work will be done and we will act accordingly.'

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