The Waqf (Amendment) Bill 2024- Background, Key Provisions, and Concerns

The Waqf (Amendment) Bill 2024 has sparked significant debate following its introduction in the Lok Sabha on August 8, 2024. The bill proposes major reforms to the 1995 Waqf Act, aiming to enhance the central government’s regulatory authority over waqf properties and include non-Muslim members in Waqf Boards. While the government argues that these changes will improve efficiency and transparency, opposition parties have criticized the bill as unconstitutional and an infringement on Muslim community rights, leading to its referral to a joint parliamentary committee for further examination.

Background on Waqf

• Definition and Significance of Waqf in Islamic Law
  • Waqf is an Islamic endowment of property, intended to be held in trust and used for charitable or religious purposes.
  • The donor, known as the waqif, dedicates movable or immovable assets for a purpose recognized as pious, religious, or charitable under Muslim law.
  • Once established, the ownership of the property is considered to be transferred to God, making it inalienable and ensuring its perpetual dedication to the designated purpose.
  • Waqf plays a crucial role in Islamic society by providing public access to services like education and healthcare, and by empowering communities economically and socially.
• Overview of the Waqf Act, 1995
  • The Waqf Act, 1995 was enacted to provide better administration and management of waqf properties across India.
  • It established the Central Waqf Council and State Waqf Boards to oversee the functioning and administration of waqf properties.
  • The Act outlines the duties of the mutawallis (custodians) and sets guidelines for the registration, survey, and maintenance of waqf properties.
  • It also provides mechanisms for resolving disputes related to waqf properties and aims to prevent their illegal encroachment or misuse.
• Role and Responsibilities of Waqf Boards in India
  • Waqf Boards are statutory bodies responsible for the administration and supervision of waqf properties within their respective states.
  • They have the authority to acquire, hold, and transfer waqf properties and ensure their use aligns with the purposes intended by the waqf.
  • Boards are empowered to take legal action to recover waqf properties and sanction any transfers of immovable waqf property.
  • They are tasked with maintaining records, conducting surveys, and ensuring transparency and accountability in the management of waqf assets.
  • The Boards also play a role in advising the government on matters related to waqf and ensuring compliance with the Waqf Act.

Key Provisions of the Waqf (Amendment) Bill 2024

• Renaming of the Act
  • The bill proposes to rename the Waqf Act, 1995 to the Unified Waqf Management, Empowerment, Efficiency and Development Act.
  • This change reflects a broader effort to enhance the management and oversight of waqf properties.
• Property Registration and Verification
  • Mandatory registration of waqf properties with the District Collector’s Office is required for evaluation.
  • The bill mandates new verification processes for disputed lands to clarify property ownership and management.
• Authority of District Collectors
  • The District Collector is designated as the primary authority to determine whether a property is classified as waqf or government land.
  • This shifts responsibility from the Waqf Tribunal, with the District Collector’s decision being final and recorded in revenue documents.
• Restrictions on Waqf Creation
  • The bill stipulates that a waqf can only be created by a person who is the lawful owner of the property and competent to transfer it.
  • It eliminates the provision for oral declarations, requiring a valid waqfnama (deed) for a property to be recognized as waqf.
• Audit and Oversight
  • The central government is empowered to order audits of waqf properties by auditors appointed by the Comptroller and Auditor General of India.
  • This aims to increase transparency and accountability in the management of waqf assets.
• Inclusion and Representation
  • The bill proposes the inclusion of Muslim women and non-Muslims in the Central Waqf Council and state Waqf Boards.
  • It ensures representation for Shias, Sunnis, Bohras, and Aghakhanis, promoting diversity within the boards.
• Appeal Mechanism
  • Decisions made by Waqf Boards can now be appealed to high courts, providing a legal recourse for disputes.
  • This change aims to facilitate more efficient resolution of property disputes.
• Exclusion of Government Properties
  • Properties identified as government land before or after the Act’s commencement will not be recognized as waqf properties.
  • This provision seeks to prevent the misclassification of government assets as waqf.

Proposed Reforms and Their Implications

• Enhanced Regulatory Oversight
  • The bill aims to increase the central government’s authority over waqf properties, shifting some powers from Waqf Boards to state governments.
  • This change is intended to improve governance and reduce mismanagement, ensuring waqf properties are used for their intended purposes.
• Mandatory Property Verification
  • All waqf properties must be registered with the District Collector’s Office for independent evaluation.
  • This requirement seeks to prevent the misuse of properties and resolve disputes more efficiently by clarifying property ownership.
• Revised Property Definitions
  • The bill clarifies that government properties identified as waqf before or after the act’s commencement will not be recognized as waqf properties.
  • The District Collector is empowered to make final decisions on whether a property is waqf or government land, with updates to revenue records following their decision.
• Inclusion and Representation
  • The amendments propose the inclusion of Muslim women and non-Muslims in the Central Waqf Council and state Waqf Boards.
  • This change aims to promote diversity and inclusivity within waqf management structures, ensuring broader representation in decision-making processes.
• Removal of Oral Declarations
  • The bill eliminates provisions allowing properties to be considered waqf based on oral declarations, requiring a valid waqfnama for recognition.
  • This reform addresses concerns about fraudulent claims and ensures that properties are properly documented.
• Introduction of Audits
  • The central government is authorized to order audits of waqf properties, conducted by auditors appointed by the Comptroller and Auditor-General of India.
  • These audits are intended to enhance transparency and accountability in the management of waqf assets.
• Appeal Mechanism for Disputes
  • Disputes with Waqf Board decisions can now be appealed to high courts, providing a legal avenue for resolution.
  • This mechanism aims to facilitate more efficient dispute resolution and ensure fair outcomes for stakeholders.

Controversies and Criticisms

• Violation of Religious Rights
  • Critics argue that the Waqf (Amendment) Bill 2024 infringes on the freedom of religion guaranteed by Article 25 of the Indian Constitution.
  • The bill is seen as undermining the autonomy of the Muslim community in managing their religious affairs, which has sparked significant opposition.
• Increased Government Control
  • The proposed amendments grant greater powers to the government, particularly through the involvement of District Collectors in property disputes.
  • There are concerns that this could lead to bureaucratic delays and potential overreach, affecting the independence of Waqf Boards.
• Inclusion of Non-Muslims in Waqf Boards
  • The inclusion of non-Muslims and Muslim women in the Waqf Boards has been criticized for potentially undermining the integrity of these religious bodies.
  • Critics argue that non-Muslim members may lack a comprehensive understanding of Islamic cultural and religious practices, which could impact decision-making.
• Potential for Increased Disputes
  • By removing the Waqf Tribunal’s authority and assigning this role to District Collectors, the bill could lead to increased disputes over Waqf properties.
  • This change may complicate the resolution process and expose properties to further legal challenges.
• Lack of Community Consultation
  • The bill has been criticized for being drafted without adequate consultation with the Muslim community and relevant stakeholders.
  • Organizations like the All India Muslim Personal Law Board have expressed concerns that the bill was created without their input, leading to a lack of trust in the proposed changes.
• Political and Constitutional Concerns
  • Opposition parties have labeled the bill as draconian and an attack on the Constitution, alleging it targets the Muslim community.
  • The timing and intent of the bill have been questioned, with some viewing it as a political move to appease certain voter bases ahead of upcoming elections.

Joint Parliamentary Committee Review

• Formation and Composition
  • A 31-member Joint Parliamentary Committee (JPC) has been established to scrutinize the Waqf (Amendment) Bill 2024.
  • The committee includes 21 members from the Lok Sabha and 10 from the Rajya Sabha, reflecting a diverse representation from both houses of Parliament.
• Purpose and Mandate
  • The JPC is tasked with examining the provisions of the Waqf (Amendment) Bill, which has been a subject of intense debate and controversy.
  • The committee is expected to provide a detailed report by the first week of the next Parliament session, offering recommendations on the bill’s content and implications.
• Lack of Clear Terms of Reference
  • There is currently a lack of clarity regarding the specific terms of reference for the JPC, raising concerns among experts and parliamentarians.
  • It remains uncertain whether the committee will focus solely on the bill’s content or also address broader issues, such as the management and encroachment of waqf properties.
• Political and Procedural Concerns
  • The decision to form a JPC, rather than a standing or select committee, has been met with skepticism and criticism.
  • Some experts argue that a joint select committee, which typically includes government ministers and has the power to amend a bill, would have been more appropriate for a comprehensive review.
• Implications for Legislative Process
  • The formation of the JPC is seen by some as a strategic move to delay the bill’s passage, potentially buying time until the government secures a stronger majority in the Rajya Sabha.
  • The committee’s report will consist of suggestions and recommendations, which the government may choose to accept or disregard, highlighting the potential limitations of the JPC’s influence.
• Reactions from Stakeholders
  • The bill’s referral to the JPC has been criticized by opposition parties and community leaders, who view it as a “time-buying” tactic and a lack of genuine consultation with affected stakeholders.
  • Concerns have been raised about the absence of input from key organizations, such as the All India Muslim Personal Law Board, during the bill’s drafting process.

Conclusion

The Waqf (Amendment) Bill 2024 represents a significant shift in the governance of waqf properties in India, aiming to enhance transparency and accountability. However, it has sparked considerable controversy and criticism, particularly regarding increased government control and potential infringement on religious rights. The Joint Parliamentary Committee’s review will be pivotal in determining the bill’s future, balancing reform with the preservation of traditional waqf practices and addressing the concerns of the Muslim community.

Practice Question

Discuss the potential impact of the Waqf (Amendment) Bill 2024 on the autonomy of Waqf Boards and the management of waqf properties in India, considering recent controversies and criticisms. (250 words)

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