Explained: What Are The Proposed Amendments In Waqf (Amendment) Bill, 2024?

The Union government's proposed amendment to the Waqf Boards Act 1995 has sparked a political slugfest. Allegations have been made by opposition parties that the proposals aim to deprive the Muslim community of their land, assets, and the "freedom to manage religious affairs" guaranteed under Article 26 of the Indian Constitution, as reported by Hindustan Times.

The ruling NDA has argued in response that the demand to regulate Waqf boards originates from the Muslim community itself.

During a press conference in New Delhi, Syed Naseeruddin Chishti, Chairman of the All India Sufi Sajjadanshin Council and successor of the spiritual head of Ajmer Dargah, spoke about the amendments to the Waqf Act.

What is a Waqf Property?

A Waqf property is defined as moveable or immovable property dedicated in the name of God for charitable purposes by a deed or an instrument. This practice has existed even before documentation became standard. Thus, properties used for a long time can also be considered Waqf properties. These properties can either be for public charitable purposes or privately held to benefit an individual's descendants. A Waqf property is non-transferable and perpetually held in the name of God, with proceeds typically funding educational institutions, graveyards, mosques, and shelter homes, benefiting many Muslims.

What is a Waqf Board?

A Waqf board is a legal entity with nominated members to manage Waqf properties. Custodians are appointed by the board to each property to ensure that proceeds are used for intended purposes. The Central Waqf Council (CWC), established in 1964, oversees and advises state-level Waqf Boards across India. According to the Ministry of Minority Affairs, the CWC also advises the central and state governments and Waqf boards on property management. It can direct them to furnish information on their performance, particularly on financial matters, survey, revenue records, encroachment of Waqf properties, annual and audit reports, etc., under section 9 (4) of the Waqf Act 1954.

A new act was passed in 1995 and amended in 2013 to give far-reaching powers to the Waqf Board to designate a property as 'Waqf Property'. Section 6 of the 1995 Act states, "the decision of the Tribunal in respect of such matter shall be final" in case of disputes regarding whether a property can be considered a Waqf.

Proposed Amendments in Waqf (Amendment) Bill, 2024

The proposed bill aims to restrict the power of Waqf boards to manage their properties and provides for more government regulation. Mandatory registration with the District Collector's Office is proposed for any Waqf property so that the property can be evaluated. The bill also states that "any government property identified or declared as waqf property, before or after the commencement of this Act, shall not be deemed to be a waqf property."

The District Collector will be the arbiter to decide whether a property is Waqf property or government land, and the decision shall be final. Once decided, the Collector can make necessary changes to the revenue record and submit a report to the state government. The property shall not be treated as Waqf property until the Collector submits his report to the state government.

Appeals can now be made in the respective high courts in case of disputes with the decision of the Waqf board. Currently, a property can be considered Waqf even if its original declaration is suspect or disputed, as reported by Hindustan Times. The provision existed because, under Islamic law, the dedication of a property as Waqf was largely oral until documentation (Waqfnama) became the norm.

The bill seeks to omit such provisions, so a Waqf property can be considered suspect or disputed in the absence of a valid Waqfnama. The property can no longer be used until the final decision is made by the District Collector.

The amendments also give the Central government the power to "direct the audit of any waqf at any time by an auditor appointed by the Comptroller and Auditor-General of India, or by any officer designated by the Central Government for that purpose." Additionally, it aims to ensure women's representation on the Central Waqf Council and state boards.

Waqf (Amendment) Bill: Controversy and Reactions

The proposed amendments have led to significant controversy, with opposition parties alleging that the amendments infringe upon the rights of the Muslim community. Meanwhile, the ruling NDA has defended the amendments, citing the demands for regulation from within the Muslim community. The amendments have also drawn attention to the broader issues of Waqf property management and the dangers of weight-cutting in wrestling, as highlighted by recent events in the wrestling world, as per media reports.

The proposed amendments to the Waqf Boards Act 1995 have sparked a political controversy, highlighting the complex interplay between religious freedom, property rights, and government regulation. The outcome of this debate will have significant implications for the management of Waqf properties and the rights of the Muslim community in India.