Centre To Table Bill Ensuring Mandatory Women's Representation In Waqf Board

The Centre is considering amendments to the Waqf Act, aiming to curb the "unfettered" powers of Waqf Boards to declare any property as a 'waqf asset' and take control of it. This move follows concerns raised by various sections of the Muslim community and a thorough review of the current law.

What does the government want to repeal?

The proposed bill seeks to repeal several clauses of the current Waqf Act that grant Waqf Boards the power to claim any property as waqf without mandatory verification. This change is intended to reduce the arbitrary authority that Waqf Boards currently hold, as per an Economic Times report.

Key Amendments Proposed

Mandatory Verification: All claims made by Waqf Boards will now require mandatory verification, ensuring a more transparent and accountable process.

Changes in Sections 9 and 14: These sections will be amended to alter the composition and functioning of the Waqf Boards, including ensuring representation for women.

Fresh Verification of Disputed Land: Properties that Waqf Boards claim will undergo fresh verification to resolve disputes.

Involvement of District Magistrates: District magistrates may be involved in monitoring waqf properties to prevent misuse.

Why is the bill being introduced now?

The bill addresses widespread concerns about the Waqf Boards' arbitrary powers, which have led to numerous disputes and allegations of misuse. A notable example occurred in September 2022, when the Tamil Nadu Waqf Board claimed ownership of the entire Thiruchendurai village, which has a predominantly Hindu population.

Background of the Waqf Act

The Waqf Act, enacted in 1995, governs 'auqaf' (assets donated and notified as waqf) by a wakif, the person who dedicates a property for pious, religious, or charitable purposes under Muslim law. Amendments made in 2013 under the UPA government granted Waqf Boards sweeping powers, which have been controversial.

Need for change

The push for amendments stems from representations by Muslim intellectuals, women, and various sects, such as Shia and Bohras, calling for changes in the existing law. A review of laws across Islamic nations like Oman and Saudi Arabia revealed that none grant such extensive powers to a single entity, highlighting the need for reform in India.

Impact on Waqf Boards

The amendments will introduce a more regulated and transparent process for declaring waqf properties, with checks on the Waqf Boards' powers and mandatory property verification. The restructuring of the boards and the inclusion of women are expected to enhance inclusivity and accountability.

What's Next?

The bill is likely to be introduced in Parliament next week. If passed, it will mark a significant shift in the governance and regulation of waqf properties in India, bringing the law more in line with practices in other Islamic nations.

Timing significance

The introduction of this bill comes ahead of Assembly elections in three states-Haryana, Maharashtra, and Jharkhand-expected in October. The timing suggests the government's intent to address long-standing issues within the Waqf Act before these elections.