Government Introduces the bill in lok sabha to amend the waqf act of 1995 which will deprive the power of acquiring land from Waqf Council.
The government introduced a bill in the Lok Sabha to amend the Waqf Act of 1995, aiming for more inclusive Waqf management with non-Muslim and Muslim women representation. It also seeks to modernise Waqf governance by abolishing outdated laws and updating how Waqf properties are identified and managed.
Amendments proposed in the bill:
The bill introduced by the government in the Lok Sabha that aims to overhaul the Wakf Act of 1995 by amending 44 of its sections. The proposed changes focus on increasing diversity in Waqf bodies, ensuring that non-Muslim individuals and Muslim women have a seat at both central and state levels.
Named the Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995, the bill also suggests establishing separate Boards for Bohras and Agha Khanis and includes provisions for broader representation of various Muslim communities, like Shia and Sunni.
The bill goes further by seeking to abolish the 1923 Waqf Act and eliminating Section 40,which previously allowed the Waqf Board to unilaterally classify properties as Waqf. Under the new proposal, this decision will be made by the District Collector or their deputy, shifting the responsibility from the Board to a civil service official. This adjustment aims to ensure a more impartial and standardised process for property classification.
The bill also introduces significant changes to the composition of the Central Waqf Council and state Waqf Boards. The new structure will include a Union Minister, three MPs, three representatives from Muslim organisations, three Muslim law experts, two former judges, and four individuals of national repute.
Notably, at least two members must be women, ensuring diverse and inclusive representation. The inclusion of non-Muslim categories reflects the need for broader representation in these bodies, considering the roles of MPs and government officials
Under the new law, any property registered as Waqf must go through a centralised online registration process with proper notice given beforehand. The District Collector will also oversee property surveys and appeals against Board decisions can be made to the High Court within 90 days. Additionally, donations to Waqf bodies will be restricted to practising Muslims and legal owners. Funds must be used specifically for the welfare of widows, divorcees, and orphans, with an emphasis on protecting women’s inheritance rights.
Lok Sabha members received copies of the bill on Tuesday night, preparing for its introduction on Thursday, marking a major shift in how Waqf properties will be governed.
Waqf Board and their property:
The Waqf Board is a key institution in India, responsible for managing properties dedicated to charitable or religious purposes under Islamic law. Established under the Waqf Act of 1995, the Board oversees approximately 8.7 lakh properties, spanning 9.4 lakh acres and valued at around ₹1.2 lakh crores. This positions them as the third-largest landowners in the country, after the armed forces and Indian Railways. The Waqf Act, which was last amended in 2013, provides the legal framework for their operations.
Arguments over the proposal of bill:
Sources indicate that the government aims for the bill’s passage to be inclusive, though it may face strong opposition from various groups, including Waqf Boards. The Tamil Nadu Board’s chief criticised the amendments as a tactic by the ruling BJP to “weaken” and “destabilise” these organisations. Similarly, the All India Muslim Personal Law Board has opposed any changes, stating they will not be accepted.
However, the government has rejected these concerns, emphasising that the amendments are designed to empower Muslim women and children who have been disadvantaged by the current law. The bill also seeks to address issues of illegal land occupation by Waqf Boards, which hold about eight lakh acres, making them the third-largest landowners in the country.
