Dawoodi Bohra Community Seeks Exemption from Waqf Bill

Dawoodi Bohra Community Appeals for Exemption from Waqf Bill

The Dawoodi Bohra community, represented by senior advocate Harish Salve, recently addressed the Joint Parliamentary Committee (JPC) on the Waqf (Amendment) Bill. Salve argued that the community should be exempt from the Waqf Board’s jurisdiction due to its distinct status within the Muslim community.

Highlighting the Community’s Unique Structure

In a written submission to the JPC, Salve emphasized that the Dawoodi Bohra community is “small and tightly-knit.” The submission explained that their affairs do not require the same regulations that may apply to other Islamic denominations. Salve argued that Dawoodi Bohras should manage their properties independently, based on their unique religious practices.

Legal Recognition of Distinctive Beliefs

The Dawoodi Bohras referenced Supreme Court judgments acknowledging their distinctive structure. Salve highlighted the role of their spiritual leader, the ‘al-Dai al-Mutlaq,’ who holds absolute authority within the community. He argued that placing their properties under Waqf Board control would contradict the community’s essential practices.

Political Context and Government Response

This appeal carries political significance, as the affluent Dawoodi Bohra community has shown support for Prime Minister Narendra Modi. Last year, Modi referred to himself as a “family member” of the community during the inauguration of an Arabic academy in Mumbai.

Meanwhile, some opposition lawmakers have expressed concerns about the panel’s proceedings. On Tuesday, an Opposition member approached Lok Sabha Speaker Om Birla, urging for a more consensual decision-making process. Speaker Birla assured them he would look into the issue.

Panel’s Plan for Finalizing the Waqf Bill Report

A government official noted that the JPC’s chairperson is aiming to submit the Waqf Bill report to Parliament by the upcoming winter session. The committee may also undertake a study trip covering cities like Lucknow, Guwahati, and Kolkata. Additionally, BJP lawmaker Tejasvi Surya, a JPC member, hinted that the panel might visit Karnataka, where Waqf notices have become a point of contention.

Salve concluded his submission by stating that placing Dawoodi Bohra properties under Waqf Board control conflicts with Articles 25 and 26 of the Constitution, which protect religious practices.

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