The Waqf Amendment Bill, 2024 has stirred significant national debate after being introduced in Parliament and referred to a Joint Committee for further examination. This proposed legislation aims to overhaul the existing Waqf governance framework established under the Waqf Act, 1995, introducing several structural, legal, and regulatory changes.
Introduction to the Waqf Amendment Bill 2024
- Introduced by: Union Minister of Minority Affairs, Kiren Rijiju.
- Current Status: Referred to a Joint Parliamentary Committee.
- Opposition View: The Bill has faced sharp criticism, being labeled as “unconstitutional,” “anti-minority,” and “divisive” by various political parties.
What Is a Waqf?
- A Waqf is a property donated or dedicated permanently for religious or charitable purposes under Islamic principles.
- Created through a waqfnama (deed) or sometimes orally (now under scrutiny in the new Bill).
- Managed by a mutawalli (caretaker), with proceeds often funding mosques, schools, graveyards, and shelters.
- Waqf can be created by anyone who believes in Islamic principles, not just Muslims.
Current Legal Framework: Waqf Act, 1995
- Replaced earlier acts including the 1954 Central Waqf Act and the Mussalman Wakf Act, 1923.
- 2013 Amendment: Strengthened provisions against encroachment, prohibited sale/gift/mortgage of Waqf property, and enhanced punitive powers.
- Governing Bodies: State Waqf Boards, Central Waqf Council (CWC), and Waqf Tribunals manage and adjudicate Waqf-related issues.
Waqf Boards: Governance and Structure
- State-level Waqf Boards act as custodians of Waqf properties.
- Composition includes Muslim legislators, Islamic scholars, state nominees, and mutawallis.
- Separate boards exist for Shia and Sunni communities in many states.
- Key responsibilities:
- Administer and maintain Waqf properties.
- Recover lost or encroached assets.
- Sanction transfers of immovable property (with two-thirds board approval).
Key Provisions in the Waqf Amendment Bill, 2024
Structural Changes in Governance
- State Governments gain overriding power, reducing the role of community-led Boards and Tribunals.
- District Collector replaces Waqf Tribunal as the key authority for dispute resolution and property validation.
Legal Safeguards and Limitations
- No oral Waqf declarations allowed; only written waqfnama accepted.
- Mandatory registration of all Waqf properties with the District Collector’s Office.
- Government land cannot be declared as Waqf either retrospectively or prospectively.
Accountability and Audit
- The Central Government is empowered to order audits of Waqf Boards at any time.
- Removal of provisions related to Waqf by long-term usage.
- High Court can now hear appeals against Waqf Board decisions—earlier restricted to Tribunals.
Inclusivity and Representation
- Proposed inclusion of women and non-Muslims in Central Waqf Council and State Boards to improve representation.
Why Is the Waqf Amendment Bill Controversial?
- Power Shift: Critics argue that shifting control from Muslim-majority Boards to state authorities undermines community autonomy.
- Legal Ambiguity: Ending oral waqf and redefining property rights may lead to thousands of existing Waqf properties being disputed.
- Minority Rights: Opposition claims that the bill violates the secular spirit of the Constitution.
Central Waqf Council (CWC) and Tribunal Mechanism
- CWC, established in 1964, guides states on Waqf matters and oversees financial and administrative functioning.
- Waqf Tribunal, per Section 6 of the 1995 Act, was the final authority on Waqf disputes.
- The Amendment Bill removes this exclusive jurisdiction and introduces the District Collector and High Court as new arbiters.
Significance and Implications of the Waqf Amendment Bill
- Transparency Push: The government asserts that the Bill enhances transparency, limits fraud, and ensures clearer land title verification.
- Dispute Reduction: By eliminating oral declarations and mandating Collector oversight, it aims to reduce litigation over Waqf land.
- Massive Impact Scope:
- India has 8,72,292 registered Waqf properties, covering 8 lakh+ acres.
- Estimated annual income: ₹200 crore.
- Waqf is India’s third-largest landholder after Railways and Defence.
Conclusion: The Road Ahead for the Waqf Amendment Bill
The Waqf Amendment Bill, 2024, is poised to bring transformative changes to the management and legal oversight of Waqf properties in India. While it promises efficiency and legal clarity, it also raises serious concerns over community rights, secular governance, and property autonomy. Its future will depend on the findings of the Parliamentary Joint Committee and possible revisions based on public and political feedback.
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