Modi govt to curb powers of Waqf Board? Asaduddin Owaisi warns of ’chaos’ — All you need to know about controversy

The Narendra Modi government is reportedly planning to table a bill in Parliament that would curb the Waqf Board's power over assets. Several media reports emerged on Sunday, claiming the Union Cabinet, in a meeting on Friday, approved as many as 40 amendments to the Wakf Act (also spelt as Waqf), and the bill is likely to be tabled soon.

But what is the Wakf Act? What changes are likely to proposed in the Act and why Muslim leaders are not happy? Here your guide to the controversy.

What is Waqf and Wakf Act?

The Wakf Act, 1995, was enacted to regulate 'Auqaf', which means assets donated and notified as Waqf. The act also mentions "wakif" – a person who dedicates a property for any purpose recognised by the Muslim law as pious, religious or charitable. The Waqf Act was first enacted in 1954.

The Wakf Act, 1954 was predicated on the management of waqf; i.e. "holding certain property and preserving it for the confined benefit of certain philanthropy and prohibiting any use or disposition of it outside that specific objective and had sought itself to be a measure towards public welfare and as a benevolent institution."

The Waqf Repeal Bill, 2022, states the Wakf Act, 1954 was later repealed and the new Wakf Act was passed in 1995, giving more powers to waqf boards. The Act was amended later in the year 2013, "thereby arming the waqf with limitless and absolute autonomy in the matters relating to it," the Bill states.

The Waqf Repeal Bill, 2022, aimed at repealing the Wakf Act, 1995. It was last tabled in the Rajya Sabha on December 8, 2023. This 2022 bill, however, may not be related to the bill that reports suggest the government may introduce in a Parliament session soon.

What's issue govt has with Waqf board?

The 2022 bill claims that due to their existing powers, the Waqf Boards are "the third largest owner of land after the Indian Armed Forces and the Railways and their share of land has doubled since 2009".

It further adds that Waqf Board has been accorded with "unbridled power" in terms of registering any property. "No other trust, mutths, akharas or a society is conferred with even remotely parallel autonomy in their affairs," it says.

What government want to change?

According to the Economic Times, the potential bill may seek to repeal several clauses of the Waqf Act. It may also propose 40 changes to the Act. The move is reportedly aimed at reducing the arbitrary powers currently held by Waqf Boards – which allow them to claim any property as waqf without mandatory verification.

What changes may the potential Waqf Bill propose?

1. Sources told the Economic Times that The draft legislation is likely to propose restructuring and changing the composition of Waqf boards. The bill may include amendments in Section 9 and Section 14 of the Wakf Act, which are dedicated to the composition of the Central Waqf Council and state Waqf boards. The changes may be brought in to ensure the representation of women in these bodies.

The government had earlier objected that "the provisions of the Act makes it mandatory that the appointment of members of the Board is restricted to Muslim community only, even when the members of the Board are entitled to the status of public servants which arguably is in contravention of the spirit of equality in employment".

2. The Bill may seek to ensure verification of land before the board announces it as the property of Waqf or verification of disputed land claimed by the state Waqf boards. According to reports, the new rule may introduce mandatory verification of all claims made by Waqf Boards.

“As per the proposed amendments, the claims on properties made by Waqf Boards will be mandatorily verified. Similarly, mandatory verification has been proposed for disputed properties of Waqf Boards,” sources told News 18.

3. To prevent misuse, district magistrates may be involved in the monitoring of waqf properties, the Economic Times reported.

There has been no confirmation yet on whether the government has mulled over or prepared any such bill on amending Wakf Act. All the media reports claiming so are based on sources. There as been no response from the government yet on the matter.

Muslim leaders concerned over potential Waqf Bill, warn of chaos

AIMIM Chief Asaduddin Owaisi said the Modi government wants to take away the autonomy of the Waqf Board. "This itself is against the freedom of religion," he said.

Warning of "administrative chaos", Owaisi said, “...if you make amendments to the establishment and composition of the Waqf board, then there will be administrative chaos, loss of autonomy of the Waqf board and if the control of the government increases over the Waqf Board, then the independence of Waqf will be affected.”

Meanwhile, All India Muslim Personal Law Board (AIMPLB) member Maulana Khalid Rasheed Farangi Mahali said that as far as the Waqf law is concerned, "it is important that the property should be used only for charitable purposes for which the Waqf has been done".

"And it is a law that once a property is made a Waqf it cannot be sold or transferred," he added. Mahali further said, "...we do not feel that there is any need to make any kind of amendment to this Waqf Act."

He, however, suggested the government to consult with stakeholders if it want to amend the Act. "If the government feels that there is any need, then the government should consult and take the opinion of the stakeholders before making any amendment," he said.

"Everyone should keep in mind that about 60 percent to 70 percent of the waqf properties are in the form of mosques, dargahs and graveyards...," he added.