 Bill, 2024, is set to be tabled at the Winter Parliamentary Session of India on November 25.){kind=link}
The controversial Waqf (Amendment) Bill, 2024, is set to be tabled at the Winter Parliamentary Session of India on November 25. Introduced on August 8, 2024, the Bill has sparked significant controversy, particularly within the Muslim community, who view the proposed changes as a threat to their religious and cultural rights. The Bill is part of a broader push for reforming the management of Waqf properties across the country, which have been mired in mismanagement, litigation, and disputes over ownership.
What does ‘Waqf’ mean?
Waqf refers to properties dedicated exclusively for religious or charitable purposes under Islamic law, and any other use or sale of the property is prohibited. Waqf means ‘confinement and prohibition‘, or causing a thing to stop or stand still. A Waqf property means that the ownership of the property is now taken away from the person making Waqf and transferred and detained by Allah.
‘Waqif’ is a person who creates a waqf for the beneficiary. As Waqf properties are bestowed upon Allah, in the absence of a physically tangible entity, a ‘mutawalli’ is appointed by the waqif, or by a competent authority, to manage or administer a Waqf. Once designated as waqf, the ownership is transferred from the person making the waqf (waqif) to Allah, making it irrevocable.
Key Issues with the Current Waqf Act
The current Waqf Act, 1995, has long been criticized for its inefficiency and misuse, leading to several challenges in managing the vast network of Waqf properties across India. The Ministry of Minority Affairs has consulted various stakeholders which include; report of the Sachar Committee, observations of Joint Parliamentary Committees (JPCs), concerns raised by public representatives, media and general public regarding mismanagement, misuse of powers of Waqf Act and underutilization of Waqf Properties by the Waqf institutions. The Ministry also had consultation with State Waqf Boards. Among the primary issues identified are:
Irrevocability of Waqf Properties: Under the principle of “once a waqf, always a waqf,” properties designated as Waqf cannot be revoked. This has led to numerous disputes over property ownership, with contentious cases such as the claim on islands in Bet Dwarka and the Bengaluru Eidgah ground highlighting the problematic nature of this rule.
Litigation and Mismanagement: Waqf properties have been embroiled in ownership disputes, encroachments, and legal complications. The survey and registration processes have been slow, with states like Gujarat and Uttar Pradesh yet to complete the survey of Waqf properties.
No Judicial Oversight: The lack of judicial oversight on tribunal decisions has exacerbated concerns over transparency. Decisions made by Waqf tribunals cannot be appealed in higher courts, making it difficult to resolve disputes fairly.
Misuse of Waqf Provisions: Provisions like Section 40 of the Waqf Act, which allowed properties to be declared as Waqf based solely on prolonged religious use, have led to a number of disputes and claims, including contentious cases like that of the Surat Municipal Corporation building.
Hardships Faced by Common People
According to the Ministry of Minority Affairs, the excessive control and opaque functioning of the Waqf Board has resulted in significant hardships for ordinary citizens. For example, in Thiruchenthurai Village, Tamil Nadu, a farmer was unable to sell his agricultural land due to the Waqf Board’s claim over the entire village.
In the case of Bengaluru Eidgah Ground Case, Waqf’s claims that it was a Waqf property from the 1850s means that it is now forever a Waqf property, despite there being no title transfer from the government to any Muslim organization. Similarly, the Surat Municipal Corporation case highlights the Waqf Board’s claim over a government property due to outdated documentation, leading to legal and financial complications for the local authorities.
A particularly noteworthy case highlighted by the Ministry was in Shiv Shakti society in Surat. There, one of the plot owners registered his plot with the Gujarat Waqf Board, making it a holy place for Muslims, and people started offering Namaz there. This implied that an apartment in any housing society can any day turn into a mosque without any input from the other members of the society if the owner of that apartment decides to endow it as Waqf.
These cases reflect broader concerns that the Waqf system has led to communal tensions and undue financial distress for individuals caught in the web of property disputes.
Major Changes Proposed in the Waqf (Amendment) Bill, 2024
In response to these challenges, the Waqf (Amendment) Bill, 2024 proposes several key changes that aim to overhaul the management of Waqf properties. Some of the major changes include:
Renaming the Waqf Act: The Bill proposes renaming the 1995 Act to the Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995. This rebranding reflects an emphasis on improved management and efficiency in Waqf governance, as well as the empowerment of various stakeholders.
Formation of Waqf: The Bill introduces stricter criteria for the formation of Waqf. It specifies that only a person who has practiced Islam for at least five years and owns the property being declared can establish a Waqf. The controversial “waqf by user” provision, which allowed properties to be deemed Waqf based solely on long-term religious use, is also removed.
Government Properties and Waqf: A significant provision in the Bill is the removal of government properties from Waqf control. If any government property is mistakenly classified as Waqf, the Bill empowers the Collector to verify its status and correct the records.
Power to Determine Waqf Status: The Bill removes the Waqf Board’s power to arbitrarily determine if a property is Waqf. Instead, this authority is transferred to the state government, further decentralizing control over Waqf properties.
Survey and Registration: The Bill proposes empowering Collective state revenue officers (rather than the Survey Commissioner) to carry out surveys of Waqf properties. This change aims to address inefficiencies and improve coordination with the revenue department for proper registration.
Central Waqf Council Changes: The Bill makes significant changes to the composition of the Central Waqf Council, including the introduction of non-Muslim members. At least two of the Council’s members must be non-Muslims, marking a departure from the previous practice of having only Muslim members. It also mandates that at least two members must be women.
Tribunal Reforms: Under the current Waqf Act, decisions by Waqf Tribunals are final, with no scope for appeal. The Bill proposes allowing appeals against Tribunal decisions to be made in the High Court within 90 days, which could offer a remedy for those aggrieved by tribunal decisions.
Waqf Boards’ Composition: The Bill proposes changes to the composition of Waqf Boards, including the appointment of non-Muslim members and representatives from different Muslim sects (Shia, Sunni, Bohra, Agakhani). This provision aims to increase inclusivity and ensure fair representation in the management of Waqf properties.
Crticism
The Waqf (Amendment) Bill has drawn widespread opposition, particularly from the Muslim community, who argue that the Bill undermines their rights and control over religious properties. The Joint Parliamentary Committee (JPC), which reviewed the Bill after its introduction, reportedly received millions of emails from concerned Muslims opposing the proposed changes. They argue that these amendments will weaken the management of Waqf properties and may even lead to the loss of rights over historically endowed properties.
Critics of the Bill also argue that it infringes upon the constitutional principle of equality by singling out one religion for special treatment. Some Muslim groups have even filed petitions questioning the constitutional validity of the Waqf Act, citing that no similar law exists for properties of other religious communities.
Union Home Minister Amit Shah has declared that the government intends to push through the amendments during the Winter Parliamentary Session, signaling the ruling party’s determination to address what it sees as significant mismanagement and misuse of Waqf properties. Winter Session of India’s Parliament will begin on November 25, 2024, and continue until December 20, 2024.
Manbilas Singh is a talented writer and journalist who focuses on the finer details in every story and values integrity above everything. A self-proclaimed sleuth, he strives to expose the fine print behind seemingly mundane activities and aims to uncover the truth that is hidden from the general public. In his time away from work, he is a music aficionado and a nerd who revels in video & board games, books and Formula 1.
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