Draft Waqf (Amendment) Bill 2024
Kartavya Desk Staff
Syllabus: Government Policies and Interventions
Source: IE, IE
Context: The proposed amendments to the Waqf Act 1995 aim to increase government control over Waqf properties, traditionally considered private assets of Muslims.
What is Waqf?
Waqf is the permanent dedication of property by a Muslim for religious or charitable purposes. Once designated as Waqf, the property is managed for the benefit of the community and cannot be sold or transferred.
It is managed under the Waqf Act, 1995. It funds institutions like schools, mosques, and shelters. Managed by a mutawali and overseen by Waqf Boards, Waqfs are perpetual and non-transferable. The Central Waqf Council supervises state boards. There are 8,72,292 Waqf properties in India, generating Rs 200 crore in revenue.
Composition of Waqf Board:
A Waqf Board, under the state government, manages Waqf properties, including prominent mosques. Many states have separate boards for Shia and Sunni communities.
A Waqf Board is headed by a chairperson and has one or two nominees from the state government, Muslim legislators and parliamentarians, Muslim members of the State Bar Council, recognised scholars of Islamic theology, and mutawallis of Waqfs with an annual income of Rs 1 lakh and above.
What is the Waqf Board Act?
The Waqf Board Act, initially enacted in 1954 and replaced by the 1995 Waqf Act, regulates Waqf properties. In 2013, the Act was further amended to grant the Waqf Board extensive powers to designate property as ‘Waqf Property.‘
The amendment establishes a framework for managing these properties and overseeing them through a Central Waqf Council. The Waqf Board Amendment Bill 2024 aims to address transparency issues and revise the composition of Waqf Boards to enhance their effectiveness.
Key Amendments in Waqf Act (Amendment Bill), 2024:
Amendments | Details
Name Change | Replacing the Waqf Act, 1995 with the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995
Transparency | Approximately 40 amendments, including mandatory verification for all property claims by Waqf Boards.
Central Government Powers: Authority to audit Waqf properties
Gender Diversity | Sections 9 and 14 will be amended to include women representatives in the Waqf Board’s composition.
Revised Verification Procedures | Introduction of new verification procedures to address disputes and prevent misuse, with district magistrates potentially overseeing properties.
New Provisions | Section 3A: Requires lawful ownership for creating Waqf.
Section 3C(1): Government property will not be deemed Waqf
Section 3C(2): Government to decide if a property is Waqf or government land.
Limited Power | Response to concerns about unchecked powers of Waqf Boards, addressing issues of extensive land claims and disputes. Example: Tamil Nadu Waqf Board’s claim over Thiruchendurai village in September 2022.
Removal of “Waqf by Use” | Properties will need valid Waqfnama to be considered Waqf.
Board Composition | Allows non-Muslim CEOs and members on state Waqf Boards.
Criticism of the Amendment:
• Reduced Powers: Limits Waqf Boards’ authority.
• Minority Rights Concerns: May harm Muslim communities.
• Increased Government Control: Excessive bureaucratic interference.
• Hampers Freedom of Religion: Encroaches on religious autonomy.
• Potential Disputes: New verification processes may cause complications.
Conclusion:
The Waqf (Amendment) Bill, 2024 improves management and transparency of waqf properties, enhancing governance and accountability to benefit communities and promote social welfare. However, the fear around the amendment regarding the dilution of the power of the Waqf Board must be addressed.
Mains Link:
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