Waqf Act (Amendment Bill), 2024

Context:

The proposed amendments to the Waqf Act, 1995 aim to increase government control over Waqf properties, which have traditionally been considered private assets of Muslims.

What is Waqf?

Waqf refers to the permanent dedication of property by a Muslim for religious or charitable purposes. Once designated as Waqf, the property is managed for the benefit of the community and cannot be sold or transferred. It is governed by the Waqf Act, 1995, and supports institutions such as schools, mosques, and shelters. The management is handled by a mutawali and overseen by Waqf Boards, with the Central Waqf Council supervising state boards. In India, there are 872,292 Waqf properties generating approximately Rs 200 crore in revenue.

Composition of Waqf Board:

A Waqf Board, established by the state government, manages Waqf properties, including major mosques. Many states have separate boards for Shia and Sunni communities. Each board is led by a chairperson and includes:

• One or two nominees from the state government
• Muslim legislators and parliamentarians
• Muslim members of the State Bar Council
• Recognized scholars of Islamic theology
• Mutawallis of Waqfs with an annual income of Rs 1 lakh and above

What is the Waqf Board Act?

The Waqf Board Act, initially enacted in 1954 and replaced by the 1995 Waqf Act, regulates Waqf properties. An amendment in 2013 granted the Waqf Board extensive powers to designate property as ‘Waqf Property.’ The Waqf Board Amendment Bill 2024 aims to enhance transparency and revise the composition of Waqf Boards to improve their effectiveness.

Key Amendments in the Waqf Act (Amendment Bill), 2024:

• Name Change: Renaming the Waqf Act, 1995 to the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995.
• Transparency: Implementation of about 40 amendments, including mandatory verification for all property claims by Waqf Boards.
• Central Government Powers: Granting authority to audit Waqf properties.
• Gender Diversity: Sections 9 and 14 will be amended to include women representatives on Waqf Boards.
• Revised Verification Procedures: New procedures to handle disputes and prevent misuse, with potential oversight by district magistrates.
• New Provisions:
  • Section 3A: Requires lawful ownership for creating Waqf.
  • Section 3C(1): Government property will not be classified as Waqf.
  • Section 3C(2): Government will decide if a property is Waqf or government land.
• Limited Power: Addressing concerns about unchecked Waqf Board powers and issues with extensive land claims, e.g., Tamil Nadu Waqf Board’s claim over Thiruchendurai village in September 2022.
• Removal of “Waqf by Use”: Properties will require a valid Waqfnama to be recognized as Waqf.
• Board Composition: Allows non-Muslim CEOs and members on state Waqf Boards.

Criticism of the Amendment:

• Reduced Powers: Limits the authority of Waqf Boards.
• Minority Rights Concerns: Potentially impacts Muslim communities negatively.
• Increased Government Control: May lead to excessive bureaucratic interference.
• Hampers Freedom of Religion: Encroaches on religious autonomy.
• Potential Disputes: New verification processes could complicate property management.

Conclusion:

The Waqf (Amendment) Bill, 2024 seeks to improve the management and transparency of Waqf properties, enhancing governance and accountability. However, there are concerns regarding the reduction of Waqf Board powers and the implications for religious autonomy that need to be addressed.