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7th September 2024 (8 Topics)

Waqf Properties and Protected Monuments

Context

Recent discussions before a parliamentary committee have highlighted significant tensions between the Archaeological Survey of India (ASI) and the Waqf Board concerning the management of historical monuments. The ASI has raised concerns about the administrative conflicts and conservation issues arising from the dual designation of certain protected monuments as Waqf properties. This debate unfolds as the Waqf (Amendment) Bill, 2024, is under review.

Key Issues Raised by ASI

  • The ASI manages and conserves monuments classified under the Ancient Monuments and Archaeological Sites and Remains Act (AMASR Act).
  • Simultaneously, some of these monuments have been declared as Waqf properties under the Waqf Act, 1995.
  • Examples:
    • The Fatehpur Sikri in Agra and Atala Masjid in Jaunpur are cited as examples where such dual authority has led to conflicts.
    • The Atala Masjid in Jaunpur has reportedly seen shops constructed within its precincts, and fittings in Mecca Masjid, Ahmednagar, were installed without ASI approval.

Fact Box:

About Waqf Board

  • The Waqf Board is an organization that manages and oversees properties designated as Waqf under Islamic law.
  • These properties are considered charitable endowments and are often used for religious, educational, or social purposes.
  • Functions: Waqf Boards are responsible for the upkeep and administration of Waqf properties, which may include mosques, graveyards, schools, and other charitable institutions.
  • The Waqf Act 1995 empowers the Waqf Board to declare any property or building as Waqf property in the name of charity. 
  • Waqf (Amendment) Bill, 2024: The bill seeks to amend existing Waqf laws and address various issues related to the management of Waqf properties. It is under review by a parliamentary committee.

Protected Monuments

  • Protected monuments are historical and archaeological sites recognized by the government for their cultural, historical, or architectural significance.
  • They are safeguarded under the Ancient Monuments and Archaeological Sites and Remains Act (AMASR Act), 1958.
  • The Archaeological Survey of India (ASI) is responsible for the conservation and preservation of these sites. This includes preventing unauthorized alterations, conducting restorations, and ensuring that the historical integrity of the monuments is maintained.
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