The Waqf (Amendment) Bill, 2024, seeks to modify the Waqf Act, 1995, aiming to enhance transparency and accountability in Waqf boards. It also introduces a mandatory provision for including women in these boards. However, the proposal has sparked strong opposition from the Muslim community.
On April 2, the Lok Sabha will debate the bill, leading to a potential confrontation between the government and the opposition. The Rajya Sabha is expected to take up the bill on Thursday. Both Houses have allocated eight hours each for discussions.
Opposition’s Stand
The opposition strongly criticizes the bill, labeling it unconstitutional. After securing support from some NDA allies, the government referred the bill to a Joint Parliamentary Committee (JPC) for further examination.
Understanding Waqf and the Waqf Act, 1995
Waqf refers to the permanent dedication of movable or immovable property for religious, charitable, or pious purposes under Muslim law. The Waqf Act, 1995, governs the administration and usage of these properties in India.
Waqf Properties in India
Muslims donate Waqf properties for religious and charitable causes. These properties are managed by the community. Each state has its own Waqf Board, which acquires, holds, and transfers properties. However, Waqf properties cannot be permanently sold or leased.
Waqf Board’s Land Holdings
The Waqf Board oversees 9.4 lakh acres of land spread across 8.7 lakh properties. The estimated value of these properties is ₹1.2 lakh crore. This makes the Waqf Board the third-largest landowner in India, following the Indian Railways and the armed forces.
Why the Government Wants to Amend the Law
The BJP government proposes amendments to ensure Waqf boards register properties with district collectors for proper valuation. Currently, Waqf board members are elected. However, the bill seeks to change this by allowing the government to nominate all members. Critics argue this move could increase political control over the boards.
Additionally, the bill allows non-Muslims to be appointed as the CEO of a Waqf board. It also mandates that at least two board members must be non-Muslims, a provision that has raised concerns within the community.
Number of Waqf Boards in India
India has 30 Waqf Boards, each responsible for overseeing Waqf properties within their respective states. Waqf properties include agricultural land, buildings, mosques, dargahs, graveyards, madrasas, schools, shops, and other charitable institutions.
Legal Disputes Involving Waqf Properties
Waqf properties are often embroiled in legal battles. The government reports that 40,951 cases are pending in Waqf tribunals. Out of these, 9,942 cases have been filed by the Muslim community against institutions managing Waqf properties.
Challenges Faced by Waqf Boards
Waqf boards struggle with property management, legal conflicts, and governance issues. Calls for reforms have grown, especially regarding the need for greater female representation in decision-making bodies.
Can Waqf Tribunal Decisions Be Challenged?
Yes, decisions made by Waqf tribunals can be challenged in the High Court. The High Court has the authority to confirm, overturn, or modify tribunal rulings.
Management of Waqf Properties
The Waqf Act, 1995, regulates Waqf properties. A survey commissioner is responsible for identifying and listing Waqf properties through local investigations. A mutawalli (supervisor) oversees the day-to-day management of these properties.
Can the Waqf Board Claim Any Property?
No, the Waqf Board cannot arbitrarily claim any property. It can only manage properties that have been officially donated for religious or charitable purposes. The law does not permit the board to take over private properties.
Can the Waqf Board Declare Any Property as Waqf Property?
No, the Waqf Board cannot unilaterally designate any property as Waqf property. Waqf refers to a permanent dedication of property for religious or charitable use. The board only administers properties already classified as Waqf.
The Waqf (Amendment) Bill, 2024, has ignited intense debates over governance, representation, and political influence. While the government emphasizes transparency and efficiency, critics fear that the amendments could diminish community control over Waqf properties. The upcoming parliamentary debates will determine the bill’s fate and its impact on Waqf administration in India.