Prime Minister Narendra Modi-led goverment is all set to table the Waqf (Amendment) Bill, 2024, in the Lok Sabha on August 8, Thursdat. The new bill that proposes to amend the Waqf Act, 1995 will be introduced in the Lok Sabha by Minority Affairs Minister Kiren Rijiju.
With over 40 amendments, the bill has proposed to revoke several clauses in the existing Waqf Act – the law governing Waqf boards. It has proposed far-reaching changes in the present Act, including ensuring the representation of Muslim women and non-Muslims in such bodies, according to a PTI report.
These amendments are intended to diminish the ‘arbitrary’ authority of the Waqf Boards, according to reports. The exisiting Waqf Act allows the boards claim any property as Waqf without mandatory verification.
The bill was circulated among Lok Sabha members on Tuesday night ahead of its introduction. According to its statement of objects and reasons, the bill seeks to omit Section 40 of the current law relating to the powers of the board to decide if a property is Waqf property, the PTI report said.
The bill has has also introduced the ‘district collector’ in the Act and has given the collector powers to resolve disputes related to the Waqf Act.
The bill gives powers to the district collectors to settle any disputes between the Waqf Board and the government. “If any question arises as to whether any such property is a Government property, the same shall be referred to the Collector having jurisdiction who shall make such inquiry as he deems fit, and determine whether such property is a government property or not and submit his report to the state government,” reads Section 3C of the new bill.
Section 36 of the proposed legilsation says that district collectors will inquire genuineness and correctness of the application and submit a report to the board for any property to be registered as Waqf.
The word ‘Waqf’ in the previous bill, is proposed to be substituted with ‘Unified Waqf Management, Empowerment, Efficiency and Development’ in the previous act that was enacted in 1995.
“Any government property identified or declared as Waqf property, before or after the commencement of this Act, shall not be deemed to be a Waqf property,” reads the new Bill.
The bill also proposes the establishment of a separate Board of Auqaf for the Bohras and Aghakhanis. The draft law provides for the representation of Shias, Sunnis, Bohras, Agakhanis and other backward classes among Muslim communities, the PTI report said.
The bill intends to streamlining the manner of registration of Waqfs through a central portal and database, the PTI report said. A detailed procedure is established for mutation as per revenue laws with due notice to all concerned before recording any property as a Waqf property, it said.
The government says that the idea behind the amendment bill is to enhance accountability and transparency in the functioning of Waqf boards and ensure the mandatory inclusion of women in these bodies, acording to reports. This is being done in response to demands from within the Muslim community, it said.
As defined under Section 3 of The Wakf Act, 1995 (amended in 2013), Wakf or Waqf means the permanent dedication by any person of any movable or immovable property for any purpose recognized by Muslim law as pious, religious, or charitable.
The Wakf Act, 1995, was brought to regulate 'Auqaf' (assets donated and notified as Waqf) by a 'wakif' (the person who dedicates a property for any purpose recognised by Muslim law as religious or charitable). The Act was last amended in 2013.
Section 32 of the 1995 Act 1995 says that the general superintendence of all Waqf properties in a state is vested with the state/UT Waqf Boards (SWBs) and the Waqf Board is empowered to manage these Waqf properties.
The 1954 Act was enacted during Jawaharlal Nehru-led government with the aim to providing an administrative structure for the functioning of Waqfs. Then the Waqf Boards had powers, including roles for trustees and mutawallis (managers).
The 1954 Act was amended in 1964, 1969, and 1984. The last in 2013 incorporated stringent measures to curb illegal alienation of Waqf properties and streamline processes for removing encroachments.
The proposed amendments in the have evoked criticisim from Muslim leaders who have warned of chaos, once the law is enacted. AIMIM Chief Asaduddin Owaisisaid that the PM Modi-led government wants to take away the autonomy of the Waqf Board.
"This itself is against the freedom of religion," he said. He also warned of 'administrative chaos' after the bill becomes law. "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,” Owaisi, the Hyderabad MP, said.
Similarly, All India Muslim Personal Law Board (AIMPLB) member Maulana Khalid Rasheed Farangi Mahali said that "it is important that the property should be used only for charitable purposes for which the Waqf has been done". AIMPLB is the apex pan India body of Muslim clerics on personal matters.
