New Delhi: The Waqf Board Amendment Bill 2024 was introduced in the Lok Sabha today, signaling a transformative overhaul in the governance of Waqf properties across India. With approximately 40 proposed amendments to the existing Waqf Act of 1995, this Bill seeks to elevate accountability, transparency, and inclusivity within the Waqf system.Minister of Minority Affairs, Kiren Rijiju, presented the Bill amidst fierce opposition, with critics demanding its withdrawal. Congress leader K.C. Venugopal denounced the Bill, calling it an “attack on the federal system.”
A waqf is a religious endowment of property held in trust for charitable or religious purposes. To establish a valid waqf, certain conditions must be met, including the permanent dedication of property in the name of Allah, and the dedicator, known as a waqif, must be a Muslim. According to a report by The Hindu, Waqf Boards, which manage these properties, are the third-largest landowners in India.
Key Provisions of the Waqf Amendment Bill 2024
- Inclusive Representation: The bill ensures the representation of Muslim women and non-Muslims on Waqf Boards.
- Separate Boards for Specific Communities: A separate Board of Auqaf is proposed for the Boharas and Aghakhanis.
- Diverse Representation: The bill mandates representation for various Muslim communities, including Shias, Sunnis, Bohras, Agakhanis, and other backward classes.
- Redefinition of Waqf: Waqf is now defined as property dedicated by a person practicing Islam for at least five years.
- Streamlined Registration: The bill introduces a centralized portal and database for the streamlined registration of Waqfs.
- Mutation Procedure: A new procedure for mutation, in line with revenue laws, is established.
- Arbitration by District Collectors: Clause 3C empowers district collectors to determine whether a property is a Waqf property or government land, overriding the Waqf tribunal’s exclusive jurisdiction.
- Abolition of “Waqf by Use”: The bill removes the “Waqf by use” concept, requiring a valid Waqf deed for a property to be recognized as Waqf.
- Mandatory Waqf Deed: Amendments to Section 36 now require a Waqf deed to create new Waqf properties.
- District Collector’s Report: The Waqf Board must forward property registration applications to the district collector, whose report will be binding.
- Removal of Religious Criterion for CEOs:
- The bill eliminates the requirement that the Chief Executive Officer of a Waqf Board must be a Muslim.
However, the Minister defended the Bill replying to all those who raised objections saying that the new amendments Bill addresses critical issues related to property management and representation within the Waqf system.
He said it would prevent the mismanagement and misuse of Waqf properties, enhance transparency and accountability in Waqf asset management, promote gender equality and inclusivity, Facilitate efficient dispute resolution, and prevent encroachment on Waqf properties. He also effectively argued that it was meant to ensure more transparency and accountability and in fact, it has followed the Sachar Committee report by letter and spirit and also of the earlier JPC recommendations and hence sought the Opposition to shun their rigidness as it is in the larger interests of every sect and sub-sects within the Muslim community and more so of women.
“What you couldn’t do, we have done and also held broad-based consultations with all stakeholders for the past ten years, before bringing in these required amendments,” the Minister reiterated. However, he agreed to refer the Bill to the formation of yet another JPC which shall have 20 members each from both Houses of Parliament as the government has no ill intentions whatsoever.
