NEW DELHI: The central government is all set to be tabled the Waqf (Amendment) Bill in Parliament on Wednesday amid strong resistance from the opposition.
While the BJP-led government claims that the bill would improve the administration and management of Waqf properties in the country, the opposition has termed it a “targeted legislation” and “fundamentally against the Constitutional provisions.”
BJP’s allies — TDP and JDU — have offered their support to the bill, with Bihar CM Nitish Kumar-led JDU urging the legislation’s implementation not be retroactive.
Here’s all you need to know about the bill:
What are the names of the bills and when were they introduced?
The name of the two bills are- Waqf (Amendment) Bill, 2024, and the Mussalman Wakf (Repeal) Bill, 2024. It was introduced in the Lok Sabha on August 8, 2024.
What is its objective?
It aims to modify the Waqf Act, 1995, to address challenges in the regulation and oversight of Waqf properties. The proposed amendments focus on enhancing the administration and ensuring more effective management of Waqf assets across India.
- Overcome the shortcomings of the previous act and enhance the efficiency of Waqf boards by introducing changes such as renaming the Act
- Updating the definitions of Waqf
- Improving the registration process
- Increasing the role of technology in managing Waqf records
What are the issues regarding Waqf board?
Following are the issues regarding the Waqf board, according to the central government:
- Irrevocability of Waqf properties: The doctrine of “once a Waqf, always a Waqf” has sparked controversies, including claims over islands in Bet Dwarka, which courts have found to be legally complex and challenging.
- Legal disputes and poor management: The Waqf Act, 1995, and its 2013 amendment have been ineffective, leading to issues such as illegal land occupation, mismanagement, ownership disputes, delays in registration and surveys, and a surge in litigation and complaints to the ministry.
- No judicial oversight: Waqf tribunal decisions cannot be appealed in higher courts, limiting transparency and accountability in Waqf management.
- Incomplete survey of Waqf properties: Poor performance by the survey commissioner has caused delays, with surveys yet to begin in Gujarat and Uttarakhand, and a 2014 survey in Uttar Pradesh still pending. Lack of expertise and coordination with the revenue department has further slowed registration.
- Misuse: Some state Waqf boards have misused their powers, creating community tensions. Section 40 of the Waqf Act has been widely misused to declare private properties as Waqf, leading to legal disputes. Of 30 States/UTs, only 8 have reported, with 515 properties declared as Waqf under Section 40.
- Constitutional validity: The Waqf Act applies solely to one religion, with no similar law for others. A PIL in the Delhi high court questions its constitutionality, prompting the court to request a response from the central government.
What are the key reforms of the Waqf Amendment Bill 2024?
The bill seeks to establish a streamlined, technology-driven framework for managing Waqf properties and promote socio-economic development for the intended beneficiaries. Here are some proposed reforms:
- Separation of trusts from Waqf: Muslim-created trusts will no longer be considered Waqf, ensuring full control over trusts.
- Technology & central portal: A centralized portal will automate Waqf property management, improving efficiency and transparency.
- Eligibility for Waqf dedication: Only practicing Muslims (for at least five years) can dedicate their property to Waqf, restoring pre-2013 rules.
- Protection of ‘Waqf by user’ properties: Registered properties remain Waqf unless disputed or identified as government land.
- Women’s rights in family Waqf: Women must receive their inheritance before Waqf dedication, with special provisions for widows, divorced women, and orphans.
- Transparent Waqf management: Mutawallis must register property details on the central portal within six months.
- Government land & Waqf disputes: An officer above the rank of Collector will investigate government properties claimed as Waqf.
- Strengthening Waqf tribunals: A structured selection process and fixed tenure ensure efficient dispute resolution.
- Non-Muslim representation: Two non-Muslim members will be included in Central and State Waqf Boards for inclusivity.
- Reduced annual contributions: Waqf institutions’ mandatory contribution to Waqf Boards reduced from 7% to 5%.
- Application of the limitation act: The Limitation Act, 1963, will now apply to Waqf property claims, reducing prolonged litigation.
- Annual audit reforms: Waqf institutions earning over Rs 1 lakh must undergo audits by State-appointed auditors.
- Ending arbitrary property claims: Section 40 is removed, preventing Waqf Boards from arbitrarily declaring properties as Waqf.
How many non-Muslim stakeholders would be there?
- State Waqf boards: 2 out of 11 members (excluding ex-officio) can be non-Muslims.
- Central Waqf council: 2 out of 22 members (excluding ex-officio) can be non-Muslims.
How will the bill benefit the poor?
- The digitization of Waqf property management through a centralized digital portal will improve tracking, identification, and oversight, ensuring transparency and accountability.
- Auditing and accounting measures will prevent financial mismanagement, ensuring funds are used for welfare purposes.
- By preventing misuse and illegal occupation of Waqf lands, revenue will increase, allowing Waqf Boards to fund programs in healthcare, education, housing, and livelihood support for the economically disadvantaged.
- Regular audits and inspections will further promote financial discipline and build public trust in Waqf management.
