WAQF (AMENDMENT) BILL, 2024

Introduction to the Waqf (Amendment) Bill, 2024

The Waqf (Amendment) Bill, 2024, introduced by Minister Kiren Rijiju in the Lok Sabha, proposes significant amendments to the Waqf Act of 1995. The bill focuses on addressing issues related to the authority of state Waqf boards, the registration and management of Waqf properties, and modernizing the outdated legal framework governing these properties. With nearly 41,000 cases pending in Waqf tribunals, the amendment aims to bring more transparency, accountability, and efficiency to Waqf property management.

WHAT IS WAQF?

Under Islamic law, a property designated solely for religious or charity purposes is referred to as a waqf. When anything is declared to be waqf, ownership is passed from the one declaring the waqf (waqif) to Allah, making it irreversible. A mutawwali, chosen by the waqif or another appropriate authority, is in charge of overseeing these properties. The Railways and the Defence Department are the two largest landholders in India, with the Waqf Board ranking third.

Why the Waqf (Amendment) Bill, 2024 is Necessary

Over the years, the management of Waqf properties has faced various challenges. Currently, there are numerous disputes involving Waqf properties, with over 40,951 cases pending in Waqf tribunals. The key issues that led to the introduction of the Waqf Amendment Bill, 2024 include:

  1. Mismanagement and Corruption: Weak oversight and eligibility requirements have led to corruption and misuse of Waqf properties.
  2. Lack of Transparency: Secretive management practices have caused conflicts and fraudulent activities.
  3. Legal Conflicts and Encroachments: Outdated records have contributed to legal battles and unauthorized encroachments on Waqf properties.
  4. Modernization and Efficiency: The existing Waqf Act is outdated, and modernization is crucial for effective property management.
  5. Irrevocability: Once designated as Waqf, properties cannot be revoked, leading to long-standing legal disputes.

Key Amendments Proposed in the Waqf (Amendment) Bill, 2024

The Waqf (Amendment) Bill, 2024 introduces several reforms aimed at improving the management and regulation of Waqf properties. Some of the significant changes include:

  • Renaming of the Act: The Waqf Act, 1995, will now be called the “Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995”.
  • Redefinition of Waqf: Waqf properties will now be limited to those owned by Muslims who have practised Islam for at least five years.
  • Mandatory Waqfnama: A legally binding Waqfnama (written declaration) is required for a property to be considered Waqf. Oral declarations will no longer be accepted.
  • District Collector’s Authority: District Collectors will have the authority to determine whether a property is government land or Waqf property, a task previously handled by Waqf tribunals.
  • Omission of “Waqf by User”: The amendment removes the concept of properties being considered Waqf based on long-term use.
  • Reform in Tribunal Structure: The bill streamlines the Waqf tribunal structure and allows for appeals to be made to the High Court within 90 days of tribunal rulings.
  • Increased Government Control: Audits of Waqf properties will be conducted by auditors appointed by the Comptroller and Auditor General of India, with increased government oversight.
  • Broad Representation: Both Muslims and non-Muslims will have representation on the Central Waqf Council and State Waqf Boards. Additionally, a separate board for Bohras and Aghakhanis will be established.
  • Property Registration: All Waqf properties must be registered with the District Collector’s Office before being designated as Waqf.
  • Reduction in Waqf Board Authority: Waqf boards will have reduced control over property management, with greater government oversight.
  • Withdrawal of the 2014 Bill: The Waqf Properties (Eviction of Unauthorized Occupants) Bill, 2014 will be withdrawn and not considered by the Rajya Sabha.
  • Repeal of Mussalman Wakf Act, 1923: The Mussalman Wakf Act, 1923 will be repealed through the Mussalman Wakf (Repeal) Bill, 2024.

These amendments aim to enhance accountability, transparency, and inclusion in the management of Waqf properties while increasing government supervision.

Debate Surrounding The Waqf (Amendment) Bill, 2024: Opposition Vs. Support:

Opposition to the Bill

Several political parties, including Congress, DMK, NCP, Trinamool Congress, and AIMIM, have raised concerns about the Waqf (Amendment) Bill, 2024. Key points of opposition include:

  • Over-centralization: Critics argue that the bill compromises the autonomy of state Waqf boards, going against federal principles.
  • Violation of Article 30: MP Kanimozhi has argued that the bill violates Article 30 of the Indian Constitution, which grants minorities the right to establish and administer their own institutions.
  • Targeting Religious Groups: Some opposition leaders claim that the bill is aimed at weakening the rights of Muslims in India, with Akhilesh Yadav of the Samajwadi Party alleging that it serves the BJP’s agenda by enabling the sale of Waqf properties.

Support for the Bill

Supporters of the Waqf (Amendment) Bill, 2024 highlight its potential to bring equitable and transparent management of Waqf properties. Key points of support include:

  • Increased Representation: The bill’s supporters, including Kausar Jahan, Chairperson of the Delhi State Haj Committee, emphasize the inclusion of women and minority Muslim sects, which promotes inclusivity.
  • Accountability and Transparency: Leaders like JD(U) MP Rajeev Ranjan and BJP leader Shahnawaz Hussain argue that the bill will curb land mafia activities and ensure that Waqf properties are used for their intended charitable purposes, such as supporting widows and orphans.

Conclusion:

The Waqf (Amendment) Bill, 2024 proposes much-needed reforms to enhance accountability, transparency, and representation in the management of Waqf properties. However, it has also sparked debates over its potential impact on minority rights and state autonomy. Achieving a balance between the required reforms and preserving the independence of Waqf institutions will be crucial for the bill’s successful implementation.

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This article was written and submitted by Ettakshi Nirvan during her course of internship at B&B Associates LLP. Ettakshi is a 4th Year BB.A. LL.B (taxation) student at the UPES Dehradun.