Proposed Amendments in Waqf Act 1995

In August, The Indian government is set to introduce the Waqf (Amendment) Bill, 2024, which aims to amend the Waqf Act of 1995. This move is intended to enhance transparency, accountability, and management within Waqf Boards.

Key Amendments Proposed:

1. Transparency and Verification:

   1. Mandatory Verification: Waqf Boards will now be required to verify all property claims before designating them as Waqf properties. This is to ensure that properties are not claimed arbitrarily and to maintain a clear record of Waqf assets.
   2. Detailed Processes: The Bill outlines about 40 specific amendments to the current Waqf Act, focusing on making the processes more transparent and systematic.

2. Gender Diversity:

   1. Inclusive Boards: The Bill proposes changes to Sections 9 and 14 of the Waqf Act to include women representatives in the Waqf Boards. This aims to ensure diverse perspectives and fair representation in the management of Waqf properties.

3. Revised Verification Procedures:

   1. New Procedures: The Bill introduces new verification procedures for Waqf properties. This will help address disputes and prevent misuse of the properties.
   2. Role of District Magistrates: District magistrates may be involved in overseeing these properties, adding a layer of scrutiny to ensure proper management.

4. Limited Powers:

   1. Reduction of Arbitrary Authority: The amendments aim to reduce the unchecked powers of Waqf Boards, which have previously led to disputes. For example, in September 2022, the Tamil Nadu Waqf Board claimed the entire Thiruchendurai village, causing controversy due to the village’s predominantly Hindu population.

Background of the Waqf Act:

1. Initial Legislation:

   1. Waqf Act of 1954: Waqf Act was first passed by Parliament in 1954. Subsequently, it was repealed.
   2. Waqf Act of 1995: A new Waqf Act was passed in 1995 which gave more powers to Waqf Boards. In 2013, this Act was further amended to give far-reaching powers to the Waqf Board to designate property as 'Waqf Property'.

2. Purpose of Waqf:

   1. Endowment of Property: Waqf involves dedicating movable or immovable property for religious, charitable, or pious purposes under Muslim law. The property is held in perpetuity for the benefit of the needy.
   2. Uses: The proceeds from Waqf properties are typically used to fund mosques, educational institutions, graveyards, and shelters.

3. Management and Governance:

   1. Survey Commissioner: A survey commissioner is responsible for listing all properties declared as Waqf by conducting investigations and summoning witnesses.
   2. Mutawali: A mutawali manages the Waqf, ensuring it serves its intended purposes.
   3. Waqf Boards: These boards administer Waqf properties and are supported by the Central Waqf Council (CWC), which oversees and advises state-level boards.

Criticisms of the Amendment:

1. Reduced Authority:

   1. Impact on Management: Critics argue that limiting the powers of Waqf Boards could hinder their ability to effectively manage and oversee Waqf properties.

2. Concerns for Minority Rights:

   1. Potential Harm to Communities: There is concern that the amendments might negatively affect Muslim communities that use Waqf properties for religious and charitable activities.

3. Increased Bureaucratic Oversight:

   1. Excessive Government Control: The involvement of district magistrates in overseeing Waqf properties could lead to excessive bureaucratic interference and complicate the management of these assets.

4. Potential for Disputes:

   1. Complications in Verification: The new verification processes might lead to more disputes and complications, rather than resolving existing issues.

Conclusion:

The Waqf (Amendment) Bill, 2024 aims to modernize and improve the management of Waqf properties in India. By enforcing transparency and accountability, and including gender diversity on Waqf Boards, the Bill seeks to ensure that Waqf assets are managed effectively and benefit the intended communities. However, it faces criticism regarding reduced powers for Waqf Boards, concerns over minority rights, potential bureaucratic interference, and possible increases in disputes. Balancing these concerns with the goals of improved governance and fairness will be key to the Bill’s successful implementation.

 

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