Waqf (Amendment) Bill, 2024

The Indian government referred the Waqf (Amendment) Bill, 2024, to a Joint Committee of Parliament. The Bill aims to amend the existing Waqf Act, 1995, which governs the administration and regulation of Waqf properties in India. The Bill has faced strong opposition from various parties, who argue that the proposed changes are unconstitutional and anti-minority.

What is Waqf?

• A Waqf is property given by Muslims for religious, charitable, or private purposes. The ownership is considered to be with God, and the property is used for the designated purpose indefinitely.
• Formation: A Waqf can be created through a deed, orally, or by long-term use for religious or charitable purposes.
• Governance: Waqf properties are governed by the Waqf Act, 1995, which replaced earlier laws including the Muslim Waqf Validating Act, 1913, and the Central Waqf Act, 1954.
• Current Governance of Waqf Properties
  • Management: Managed by a mutawalli (caretaker) and regulated by state Waqf Boards, Waqf Councils, and Tribunals.
  • Dispute Resolution: Disputes are resolved by Waqf Tribunals, which are state-appointed bodies including a judicial officer, a civil services officer, and an expert in Muslim law.
  • Function of Waqf Boards: These boards oversee the administration and recovery of Waqf properties and are composed of members from the Muslim community and state government representatives.

Proposed Changes in the Waqf (Amendment) Bill, 2024

• Renaming of the Act: The Bill proposes renaming the Waqf Act, 1995, to the Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995.
• New Provisions:
  • Section 3A: Specifies that only lawful owners can create Waqf. This aims to clarify the ownership of property designated as Waqf.
  • Section 3C(1): States that government property declared as Waqf before or after the Act's commencement will not be considered Waqf property.
  • Section 3C(2): Empowers the government to determine if a property is government land. A Collector will make this determination, delaying Waqf management until the report is submitted.
• Audit and Oversight: The central government will have the authority to direct audits of Waqf properties by auditors appointed by the Comptroller and Auditor-General of India.
• Removal of "Waqf by User": The Bill proposes removing the concept of "Waqf by user," which previously allowed properties used for religious purposes to be deemed Waqf. This change will require a formal Waqfnama (declaration) for properties to be recognized as Waqf.
• Composition of Waqf Boards: The Bill suggests altering the composition of Waqf Boards to include at least two non-Muslim members and potentially a non-Muslim CEO, increasing state government control over Waqf properties.

Significance of the Amendments

• Increased Government Control: The proposed amendments shift significant powers from Waqf Boards and Tribunals to state governments, potentially altering how Waqf properties are managed and regulated.
• Legal Clarifications: Changes aim to address issues regarding the ownership and classification of properties as Waqf, and improve transparency and accountability.
• Controversy: The Opposition argues that these changes may undermine the autonomy of the Waqf institutions and negatively impact the management of Waqf properties.