Why in News?
The Indian Parliament has proposed the Waqf Amendment Bill 2024 with the objective of amending the Waqf Act 1995 to introduce better accountability and transparency into the functioning of Waqf boards. The main thrust of the bill is to eliminate unchecked powers enjoyed by Waqf Boards under the present regime which gives them the freedom to declare any property as Waqf without due checks.
Major Changes in the Waqf Act Amendment Bill 2024
- Transparency Provisions
- The Bill provides for around 40 amendments, which require verification of all property claims by the Waqf Boards thereby making it transparency oriented.
- Women’s Representation
- Sections 9 and 14 of the Waqf Act 1995, are going to be amended to change the composition of the Waqf Board with women representatives.
- New Verification Process
- New procedures for verifying Waqf properties in the resolution of disputes and avoidance of misuses which may be overseen by district magistrates,.
- Limited Powers of Waqf Boards
- The amendments are to the issues of Waqf Boards unlimited powers that have created disputes and claims over surplus land like, the one from the Tamil Nadu Waqf Board claiming Thiruchendurai village largely Hindu in September 2022.
Criticisms of the Waqf Act Amendment Bill, 2024
- Waqf Boards will lose power
- Amendments curtail the powers of Waqf Boards and their ability to control Waqf properties.
- Injury to Minority Rights
- It may be said that the amendments may cause an injury to the interest of Muslim communities which have relied on Waqf properties for religious and charitable purposes.
- Articles 29 and 30 of the Indian Constitution protect the rights of minorities.
- Increasing Government Interference
- The introduction of district magistrates and added oversight will likely result in excessive bureaucratic interference.
- Erosion of Religious Autonomy
- The intervention of the government officers in managing Waqf properties is viewed as an invasion of religious autonomy.
- Risk of Higher Conflicts
- The process of verification itself and the interference of the district magistrates in this regard would give rise to conflicts and tangles.
What is the Waqf Act 1995?
A Waqf is the irrevocable donation of moveable or immovable property for religious pious or charitable purposes as recognized under Muslim law.
Earnings of Waqf properties are used for educational institutions, mosques graveyards and shelter homes.
History
Waqf Act was enacted in 1954 and were repealed in 1995 which subsequently augmented more powers to the Waqf Boards. Again an amendment introduced in the year 2013 empowered the Waqf Boards to pronounce with great authority the properties to be treated as Waqf Property.
- Waqf Properties Administration
- A mutawali supervises the usage of Waqf properties. The trusts under the Indian Trusts Act 1882 are not perpetual while Waqfs are supposed to be so.
- Waqf Boards
- Waqf Boards are legal entities that can own hold and transfer property. They can institute or defend suits in Court and supervise the administration of Waqf properties.
The Central Waqf Council CWC was established in 1964 as a supervisory body for Waqf Boards at the State level
Waqf Properties in India
- There are 87 lakh Waqf properties in India spread over an area of 8 lakh acres. That puts the Waqf Board third in the list of the largest landowners in the country.
- These properties fetch the Board a revenue of Rs 200 crore annually.
