The Indian Parliament has received the Waqf (Amendment) Bill, 2024, introduced by The Union Minister of Minority Affairs, Kiren Rijiju. The legislation aims to implement various important modifications to the current Waqf Act of 1995, leading to extensive discussions and controversies. 

Key features of the Waqf (Amendment) Bill 2024

• The bill mandates that all Waqf properties need to be registered with the District Collector’s office. This aims to ensure that properties are properly assessed to prevent misuse. 

• The bill proposes including Muslim Women in Waqf boards and the Central Waqf council, emphasizing the need for gender representation. Every state board and the central council will consist of minimum of two female members. 

• The District Collector now has the power to determine if a property is classified as Waqf property or government land. Previously, this power was held by Waqf Tribunal. 

• To donate a property as Waqf, a valid Waqfnama (deed or document) is necessary. The current law permits oral agreements. However, the proposed bill aims to abolish this provision. 

Why is the Waqf (Amendment) Bill, 2024 important? 

Improved transparency and Accountability

The bill introduces stricter audit and reporting requirements, aiming to ensure transparent management of Waqf properties proper utilization of funds. It proposes a centralized resignation system for all Waqf properties through the District Collector’s office to avoid misuse and ensure accurate evaluation. 

Enhanced Management

The bill aims to make Waqf boards more efficient by offering clearer rules and better training for their members. It also includes measures to ensure Muslim woman are part of Waqf boards and the Central Waqf Council, promoting gender equality and wider community representation. 

Legal and Administration reforms

The bill aims forming separate boards for various Muslim groups, including Shias, Sunnis, Bohras and Agakhanis to address their unique needs and issues. and allows the central government to order audits of any Waqf by an auditor chosen by the Comptroller and Auditor General of India. 

What are the controversies surrounding the Waqf (Amendment) Bill? 

Limit on Legal Action 

The bill limits the Waqf Board’s ability to approach the court regarding disputes over Waqf properties. Critics argues that this limits options to safeguard these properties from misused or takeover. 

Centralization of Power 

The bill gives more power to the District Collector and the central government, which limits the independence of Waqf boards. Critics view the shift in control as an attempt to weaken these boards, which could increase bureaucratic involvement. 

Elimination of Section 40 

The proposed bill aims to eliminate Section 40 of the Waqf Act, 1995 which currently empowers Waqf boards to classify a property as Waqf property. Critics view this amendment as an attempt to diminish the authority of Waqf boards, potentially undermining their ability to manage and safeguard their assets.

Impact on Religious Freedom 

Opponents criticize the proposed bill for allegedly violating the right to govern religious matters, a right that Article 26 of the Indian Constitution protects.

They said that the bill constitutes an unwarranted intrusion into the religious and charitable practices of the Muslim community. 

The bill has faced backlash from several Muslim groups and opposition parties. Critics claim that the amendments might weaken the independence of Waqf boards and take away land and resources from the Muslim community. 

On the other hand, some supporters including members of the Muslim community believes these changes are essential to stop the misuse of Waqf properties and to improves management and transparency. The bill is now under review by a Joint Parliamentary Committee.