On August 8, 2024, Minority Affairs Minister Kiren Rijiju introduced the Waqf (Amendment) Bill 2024 with the aim of improving accountability and transparency in how Waqf boards operate.
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What Are Waqf Property and Waqf Board?
Waqf refers to a property whether movable or immovable, designated for religious, pious or charitable purposes as acknowledged by Muslim law. The property is non-transferable and held in perpetuity in the name of God. The income generated from a Waqf typically supports educational institutional, graveyards, mosques and shelter homes, providing benefits to many Muslims.
A Waqf board is a legal entity with nominated members to manage waqf properties. The board designates a custodian for each property to ensure that its proceeds are used for their intended purposes. The Central Waqf Council (CWC), established in 1964, oversees and advises state-level Waqf Boards throughout India. According to the Ministry of Minority Affairs, the CWC also provides guidance to the central and state governments, as well as Waqf boards, on the management of their properties. Additionally, the Council has the authority, under Section 9(4) of the Waqf Act 1954, to request information from these boards regarding their performance, particularly concerning financial matters, property surveys, revenue records, encroachment issues, and Annual and Audit reports.
What Is Waqf Act, 1955?
The Waqf Act was initially passed by Parliament in 1954. It was later repealed, and a new Waqf Act was enacted in 1995, providing Waqf Boards with greater authority. In 2013, the Act was further amended, granting the Waqf Board significant powers to designate property as ‘Waqf Property.’ Currently, a property can be classified as a Waqf even if its original declaration is questionable or disputed.
Waqf Boards currently manage 8.7 lakh properties covering 9.4 lakh acres across India, with an estimated value of ₹1.2 lakh crore. This makes Waqf Boards the third largest landowners in India, following the armed forces and Indian Railways.
What Is Waqf (Amendment) Bill 2024?
- Transparency: The Bill proposes about 40 amendments to the current Waqf Act, including mandatory verification for all property claims by Waqf Boards to ensure transparency.
- Gender Diversity: Sections 9 and 14 of the Waqf Act, 1995 will be revised to include women representatives in the Waqf Board and adjust its composition and functioning.
- Revised Verification Procedures: New procedures will be introduced for verifying Waqf properties to address disputes and prevent misuse, potentially with oversight by district magistrates.
- Limited Power: The amendments aim to address concerns about Waqf Boards’ extensive and unchecked powers, which have led to land disputes and misuse, such as the Tamil Nadu Waqf Board’s claim over the predominantly Hindu Thiruchendurai village in September 2022.
Why Waqf (Amendment) Bill 2024 Is Being Criticised?
The proposed changes to Waqf Boards involve reducing their authority over Waqf properties, which could negatively impact Muslim communities that use these properties for religious and charitable purposes. Increased government oversight, including the involvement of district magistrates, may lead to excessive bureaucracy, potentially infringing on religious autonomy and causing disputes and complications.
Conclusion-
The Waqf (Amendment) Bill aims to improve how Waqf properties are managed. It focuses on making sure these properties are used correctly to help people and that the money is spent wisely. The bill also wants to protect the value of Waqf properties while helping the community grow.