Waqf (Amendment) Bill up for discussion in Lok Sabha today

On Wednesday, the bill to amend the Waqf Act is set to be introduced in Parliament during the current session, following a discussion with alliance partners,  The new bill grants the district collector, the authority to handle disputes related to the Waqf Act.  The current move responds to ongoing demands and representation from the Muslim community for greater transparency in regulating waqf properties.

The Draft Bill proposes the term “Waqf” to be replaced with “Unified Waqf Management, Empowerment, Efficiency, and Development” in the Principal Act of 1995.

With 40 amendments, the Bill proposes revoking several clauses in the current Waqf Act which governs Wawf boards. It suggests significant changes to the existing Act, including provisions for the representation of Muslim women and non-muslims in these bodies,as reported by PTI.

Purpose Of New Bill

As reported by PTI, the new bill seeks to simplify the Waqf registration process by implementing a central portal and a database. It establishes a detailed procedure for mutation as per the new revenue laws, ensuring due notice is given to all concerned before recording any property as a waqf property.

Will amendment address unchecked waqf board authority?

The amendments proposed in the bill, aim to reduce the arbitrary power of the Waqf boards, as reported, The current Waqf Act permits the boards to declare any property as waqf without mandatory verification. According to its statement of objects and reasons, the bill is intended to remove Section 40 of the existing law, which pertains to the board’s authority to determine whether a property is classified as Waqf property or not, as reported by PTI.

A separate board for Bohras and Aghakhanis proposed

The bill proposes creating a distinct Board of Auqaf for Bohras and Aghakhanis, It also ensures adequate representation for Shias, Sunnis, Bohras and Aghakhanis, and other backward classes within Muslim communities. Additionally, the new bill states that any government property identified or declared as Waqf property before or after the Act’s commencement, will not be considered as Waqf property.

District collector to resolve  Waqf disputes.

The bill grants the authority to district collectors to resolve disputes between the Waqf boards and the government. Section 3C of the new bill specifies that if there is a question about whether a property is government-owned, it will be referred to the district collector, who will conduct an inquiry and report his findings to the state government.

Understanding Waqf and the Waqf Act

 Section 3 of the Waqf Act,1995, defines Waqf as the permanent dedication of movable or immovable property of an individual for purposes deemed as religious,  pious, or charitable under Muslim Law. The act, which was introduced to regulate “auqaf”’ ( asset designed by Waqf) by a wakif ( an individual making the dedication) was last amended in 2013. 

Section 32 of the 1996 act stipulates that the state or union territory Waqf boards hold general oversight over all the waqf properties in their jurisdiction and are responsible for managing these properties.

Fears of disruption and loss of autonomy 

The proposed amendments have mounted criticism from Muslim leaders, who fear the enactment of the law will lead to chaos at an administrative level. AIMM Chied  Asaduddin Owaisi has accused the union government of attempting to undermine the Waqf Board’s autonomy on the other hand  Maulana Khalis Rasheed Farangi Mahali, a member of All India Muslim Personal Law Board, emphasized the importance of ensuring that Waqf property is used solely for the charitable purposes for which it was dedicated.

Why is stricter oversight needed for Waqf properties?

India currently has 30 waqf boards managing properties valued in crore, with an estimated annual revenue of  Rs.200 crores from these assets, underscoring the necessity for stringent oversight.

The monsoon session of parliament began on July 22 and is set to end on August 12.