07-August-2024-Special-Article

WAQF (AMENDMENT) BILL, 2024

The Waqf (Amendment) Bill, 2024, seeks to reform the Waqf Act of 1995 to enhance accountability and transparency in the administration of Waqf properties in India.

The proposed amendments aim to address concerns regarding the unchecked powers of Waqf Boards and introduce measures to ensure fair management of these properties, which are vital for religious and charitable purposes within the Muslim community.

Amendments in the Waqf Act (Amendment Bill), 2024

Mandatory Property Verification:

• The Bill proposes mandatory verification for all property claims by Waqf Boards, ensuring transparency in the process.
• This is a significant step to prevent the arbitrary declaration of properties as Waqf without proper scrutiny.

Enhancing Gender Diversity:

• Sections 9 and 14 of the Waqf Act, 1995, will be amended to improve the composition of Waqf Boards.
• The inclusion of women representatives is mandated to bring gender diversity into the decision-making process.

Revised Verification Procedures:

• New procedures will be introduced to verify Waqf properties, aiming to address disputes and prevent misuse.
• District magistrates may be involved in overseeing Waqf properties to ensure fair practices.

Limiting Waqf Boards’ Powers:

• The amendments aim to curb the extensive powers of Waqf Boards that have allowed them to claim large tracts of land as Waqf, leading to numerous disputes.
• An example of misuse is the Tamil Nadu Waqf Board’s 2022 claim over the entire Thiruchendurai village, primarily a Hindu area.

Criticisms of the Waqf Act (Amendment Bill), 2024

Reduction in Waqf Boards’ Authority:

• The Bill restricts the power of Waqf Boards, which may impact their ability to effectively manage Waqf properties.
• Critics argue this could undermine the autonomy of Waqf Boards in overseeing properties meant for religious and charitable use.

Concerns Over Minority Rights:

• There are worries that the amendments might negatively affect the rights of Muslim communities who rely on Waqf properties for religious and social purposes.
• The increased involvement of government authorities might be seen as an infringement on religious freedoms.

Government Control:

• The Bill proposes greater oversight by district magistrates, which could lead to increased bureaucratic interference in Waqf matters.
• This involvement may hinder the independent functioning of Waqf Boards.

Impact on Religious Freedom:

• The role of government officials in overseeing Waqf properties is viewed by some as an encroachment on religious autonomy.
• The new verification processes might lead to more disputes, complicating the management of Waqf properties.

About the Waqf Act, 1995

Background:

• The original Waqf Act was enacted in 1954 and later replaced by the Waqf Act, 1995, which granted more powers to Waqf Boards.
• The 2013 amendment further expanded these powers, particularly allowing the designation of properties as Waqf.

Definition of Waqf:

• A Waqf is the permanent dedication of property (movable or immovable) for religious, pious, or charitable purposes as per Islamic law.
• The property is endowed to God, with the proceeds typically funding educational institutions, mosques, graveyards, and shelter homes.

Waqf Management:

• The management of Waqf properties is overseen by a mutawalli, acting as the supervisor.
• Waqf properties are listed by a survey commissioner through local investigations and public document requisitioning.

Waqf Board:

• Waqf Boards are legal entities with the authority to acquire, hold, and transfer property, and can also sue or be sued in court.
• The Central Waqf Council (CWC), established in 1964, provides oversight and advice to state-level Waqf Boards.

Waqf Properties in India:

• Waqf properties are substantial, making Waqf Boards the third-largest landholders in India, after Railways and the Defence department.
• Currently, there are over 8.7 lakh registered Waqf properties across India, generating significant revenue.

Conclusion

The Waqf (Amendment) Bill, 2024, is a significant legislative effort aimed at improving the management and transparency of Waqf properties in India.

While the Bill seeks to enhance governance and accountability, it also raises concerns about the potential impact on the autonomy of Waqf Boards and the rights of Muslim communities. Balancing the need for transparency with respect for religious autonomy will be crucial as the Bill moves forward.

The success of these amendments will depend on how well they address existing challenges while ensuring that Waqf properties continue to serve their intended religious and charitable purposes.

Mains Question:

1. Discuss the implications of the Waqf (Amendment) Bill, 2024, on the autonomy of Waqf Boards and the rights of minority communities in India. How does the Bill seek to balance transparency with religious freedom? (150 WORDS)