The Waqf Boards currently control 8.7 lakh properties covering 9.4 lakh hectares across India with an estimated value of Rs 1.2 lakh crore. The BJP government led by Prime Minister Narendra Modi is expected to introduce the Waqf (Amendment) Bill 2024 in the Lok Sabha on Thursday to amend the Waqf Act, 1995 and amend the powers of the Waqf Board. The opposition parties vehemently opposed the bill and demanded that it be sent to the standing committee of the Parliament for consideration after its introduction.
It is possible that the Center will agree to refer the bill, which some Muslim organizations also oppose, to a parliamentary committee. The sources said that some parties, which supported the government's agenda, expressed reservations about the proposed legislation. What does the Waqf (Amendment) Bill propose?
The bill seeks to amend the law governing Waqf boards across the country and aims to represent Muslim women and non-Muslims in these bodies. One of the major changes involves the introduction of the District Collector as an arbiter to determine whether it is a waqf property or public land. The bill proposes to replace the term "Waqf" with "Unified Management, Empowerment, Efficiency and Development of Waqf" and allows the collector to investigate and report on the status of the property, which can cancel previous decisions by the court Waqf. In addition, the project seeks to remove the concept of "waqf by use", which previously allowed the property to be considered waqf based only on its use, which now requires a formal deed of waqf for registration. Other changes include removing the requirement that the CEO of a Waqf board be from the Muslim community and introducing stricter auditing and reporting requirements. The project also emphasizes the preservation of digital records and proposes greater representation of women in Waqf boards, with the aim of improving transparency and inclusiveness in the management of Waqf properties. The amendment project has been in the works for the past few years, as the government has met with various stakeholders, including community members, eminent jurists and jurists.
Several prominent Dargah leaders met Minority Affairs Minister Kiren Rijiju on Tuesday to offer their support to the legislation.
Other key changes proposed by the Center include:
• Central Waqf Board and State Waqf Boards must have two women on their boards.
• The term Waqf should be clearly defined as a person who practices Islam for at least five years and owns such property.
• The bill also details the mutation process, in accordance with tax laws, before any property is registered as waqf property. The heritage of women must be protected and guaranteed.
• Registration of Waqf properties should be done through a central portal and database.
• The Bill proposes to reduce the annual contribution payable to the Council for 'mutawalli' of any Waqf having a net annual income of at least Rs 5,000 from seven to five percent.
• The structure of the court can be restructured with two members, in addition to the provision of appeal against the order of the court to the Supreme Court within a specific period of 90 days.
• Only practicing Muslims will be allowed to donate their property to the Waqf Board or Council. Also, only the legal owner can make this decision.
• The money received from the Waqf Board should be used for the welfare of widows, divorcees and orphans. These measures should be implemented in the manner suggested by the government.
What is Waqf?
Waqf refers to property dedicated exclusively to religious or charitable purposes under Islamic law. The Waqf Boards currently control 8.7 lakh properties covering 9.4 lakh hectares across India with an estimated value of Rs 1.2 lakh crore. This makes it the third largest employer in India after the Armed Forces and the Indian Railways. The Waqf Act, 1995 was enacted to regulate "auqaf" (property given and notified as Waqf) by a "wakif" (the person who dedicates the property). The legislation was last amended in 2013.
What is a waqf board? It is a legal entity capable of acquiring, holding and transferring property. Each state has a Waqf Board headed by a chairman, consisting of appointees of the state government, Muslim legislators, parliamentarians, members of the state bar, Muslim scholars and mutawali (managers) of waqfs whose annual income is Rs 1 lakh and above.
The voices of the opposition
The center faced strong protests from the opposition and Waqf councils across the country. The Tamil Nadu Council chief called the changes a ploy to "weaken" and "destabilize" these organizations. The All India Muslim Personal Law Council said no change in the law "will be tolerated". AIMIM leader Asaduddin Owaisi said that the Center wanted to take away the autonomy of the Waqf Board by interfering in its functions.
"The BJP has opposed these Waqf boards and properties from the beginning and they have a Hindutva agenda. Now, if you make changes in the creation and composition of the Waqf Board, there will be administrative chaos, a loss of the 'autonomy of the Waqf Board and if the government's control increases over the Waqf Board, then the independence of the Waqf will be affected,' he said.
Congress MP Gourav Gogoi and Trinamool Congress MP Sudip Bandyopadhyay are among the opposition members who have demanded that the bill be sent to Parliament's standing committee for consideration after its introduction.
