Debate Heats up Over Recent Waqf Act Amendment Bill

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The central government is reportedly planning to bring the Waqf Act Amendment Bill in Parliament to amend the 1995 Wakf Act and contain the unrestrained powers of the Waqf boards, which manage Islamic charitable trusts and mosques.

This bill has sparked debates among online forums and religious communities, receiving strong support as well as stark criticism. Some are supporting the idea that it would bring transparency which some are calling it a threat to the autonomy of religions.

Source: BBC news

Historical Context

The concept of Waqf has its origin in Islamic traditions, which is to be used for religious, educational or charitable purposes. The Waqf Act was enacted in order to govern and protect these properties from mismanagement. Over the years, many amendments have been brought about to accommodate for a myriad of greater needs and quips that has hailed its own share of controversies.

One such amendment was made through the Wakf (Amendment) Act, 2013. This act grants the Central Waqf Council the power to issue directions to all the state Waqf Boards. The bill also made it mandatory all the properties of the Waqf shall be registered with the state and provided penalties if failed to do so. This was to ensure transparency and accountability in the administration and management of Waqf properties.

Key Changes in the 2023 Amendment Bill

The government is all set to bring the Amendment Bill in the parliament and does not plan to leave the Bill pending after introduction. The bill reportedly focuses on restricting the powers of the Waqf Board and increasing the participation of Muslim Women on both the central and state level. Government sources have said “…we are committed to gender equality and justice. There will be two women on each state board as well as the central council as per the new bill”.

In the Amendment Bill, there will also be provisions regarding ensuring verification of land before a board announces it as a Waqf property. It will be mandatory to register the Waqf property to with respective District Collectors. “This amendment is necessary to ensure accountability and prevent the exploitation of Waqf assets,” according to the government sources. More than 40 Amendments in the Act are expected to be introduced before the Parliament.

Criticisms

The Waqf Act Amendment bill is receiving stark criticism on online forums as well as from political leaders. They claim that more government control may erode the independence of waqf boards and open a space for political interference in their working. Opposition parties as well some community leaders have raised apprehensions that this amendment would be used against certain sections and disturb the traditional management of Waqf properties.

Hyderabad MP and AIMIM president Asaduddin Owaisi said, “The proposed amendments, as reported by the media show that the Modi government wants to snatch the autonomy of Waqf boards, and interfere in administering Waqf properties which is against the freedom of religion.”

The All India Muslim Personal Law Board (AIMPLB) has said that they will not tolerate any changes in the Waqf act and also urged the Muslim community to stand united against this “evil-intentioned” act by the government.

Future Prospects

The suggested changes are expected to lead to significant progress in terms of both transparency and accountability. Nevertheless, the newly introduced rules can also be viewed as tools for gaining power, and the corresponding change will raise questions about the degree of freedom enjoyed by religions and their complete autonomy in decision-making. Thus, the issue is at the center of a debate, challenging the processing and implementation of the given change.

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