The Waqf (amendment) Bill aims to reform and streamline the process of applying for and registering Waqf properties through a centralised portal. It also aims to change the name of the present day Waqf Act of 1995 as the Unified Waqf Management, Empowerment, Efficiency and Development Act. Being one of the first major changes brought by the new government, it has created quite the stir among muslim organisations and opposition parties alike. With the Bill being currently tabled in the parliament, here is everything you need to know about the Waqf (Amendment) Bill 2024.
What is Waqf?
Waqf refers to any property or land that is devoted to religious acts and purposes under the Islamic law. Once a piece of land is declared to be Waqf, its status cannot be repealed or abrogated. The bill aims to change this. There are around 30 Waqf boards in the country which own and operate over 9 lakh acres of land, making it the third to own such large pieces of land in India, besides the Railways and Defence Ministry.
Key Features of the Bill
- Establishment of Central Waqf Council
The bill calls for the establishment of State Waqf Boards as well as Central Waqf Councils. These bodies will have necessary representation from muslim women and non-muslims too. The councils are mandated to have two muslim women as well two non-muslims appointed by the state government.
- District Collector as an Arbiter
As part of the more controversial part of the Bill, the primary authority to decide whether an area comes under state property or Waqf rests with the District Collector. Critics say that the District Collector may be prone to misuse their authority to acquire valuable assets while simultaneously taking away the authority of Waqf tribunals.
- Different Board for Bohra and Agakhani Communities
The legislation outlines specifically the creation of a separate Board of Auqaf for the Bohra and Agakhani communities. Other backward classes of Muslims, like the Shias, are also guaranteed representation in the same.
- Establishment of a Central Portal
The Bill also aims to reform the registration process of Waqfs. This will be done through a central portal as proposed in the Bill. It mandates a valid Waqfnama, which expresses one’s intentions to claim a piece of land or property as Waqf. The current law allows for oral agreements which the Bill does not cater to.
- Decreased Annual Contribution
The Bill aims to decrease the annual contribution from seven per cent to five per cent for Waqfs with an annual net income of Rs 5000 or more.
6. Inheritance
The bill ensures that the Waqf-Alal-Aulad does not lead to the denial of inheritance rights to women.
