The central government’s decision to introduce a bill amending the 1995 Waqf Act in the Lok Sabha today represents a significant shift towards increased central control over waqf institutions in India. This move comes in response to reported irregularities within these institutions. The proposed amendments have ignited a fresh debate concerning the religious rights of Muslims.
The government asserts that the amendments are designed to foster an inclusive environment, addressing issues of governance and transparency within the waqf institutions. The bill seeks to address concerns related to the powers of State Waqf Boards, the registration and survey of waqf properties, and the removal of encroachments, thereby promoting better oversight and management practices.
However, the opposition has a starkly different view. They argue that the amendments are a direct attack on the foundational structure of waqf institutions, framing the government’s move as an attempt to undermine the religious autonomy of Muslims.
The BJP-led government is set to introduce the Waqf (Amendment) Bill, 2024 in the Lok Sabha on Thursday (August 8). This bill aims to address issues related to the powers of State Waqf Boards, registration and survey of waqf properties, and removal of encroachments. Minority Affairs Minister Kiren Rijiju is listed to introduce the bill.
In addition to introducing the Waqf (Amendment) Bill, 2024, Kiren Rijiju will also introduce The Mussalman Wakf (Repeal) Bill, 2024, which seeks to repeal the Mussalman Wakf Act, 1923. The Waqf (Amendment) Bill, 2024 proposes renaming the Waqf Act, 1995, as the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995. It aims to clearly define “waqf” and ensure that the creation of Waqf-alal-aulad does not deny women inheritance rights.
Waqf Amendments Bill: An Overview
The bill also seeks to omit provisions relating to “waqf by user,” delegate the functions of the Survey Commissioner to the Collector or an officer not below the rank of Deputy Collector, broaden the composition of the Central Waqf Council and State Waqf Boards, and ensure representation of Muslim women and non-Muslims.
The Central Waqf Council and State Waqf Boards must include at least two women members.
The restructured Council will now comprise a Union Minister, three MPs, three representatives of Muslim organisations, and three Muslim legal experts. Additionally, it will include two former judges (either from the Supreme Court or a High Court), four individuals of national repute, and senior union government officials.
To accommodate these changes, a non-Muslim category had to be created for the Council and Boards, as MPs and government officials cannot be nominated on a religious basis.
The new law requires notice before registering any property as Waqf, and this registration must occur on a centralised website.
Additionally, only practicing Muslims will be permitted to donate their property, movable or otherwise, to the Waqf Council or Board, and only the legal owner can make this decision.
Under the current law, no property can be considered Waqf if there is a dispute about its antecedents, particularly if its status as government property is questioned. In such disputes, officials will investigate and submit a report to the state, following which records will be adjusted.
Under the new law, funds received by the Waqf Board must be used for the welfare of widows, divorcees, and orphans, in accordance with government guidelines.
Another key proposal ensures the protection and safeguarding of women’s inheritance rights.
According to the statement of objects and reasons, the bill proposes establishing a separate Board of Auqaf for Boharas and Aghakhanis, and provides for representation of Shia, Sunni, Bohra, Agakhani, and other backward classes among Muslim communities.
It aims to streamline the registration of waqfs through a central portal, detail the procedure for mutation per revenue laws, and omit Section 40 related to the Board’s power to decide if a property is waqf. Additionally, the bill mandates that mutawallis file waqf accounts through a central portal, reforms the Tribunal structure to include two members, and allows for appeals against Tribunal orders to the High Court within ninety days.
Organiser has detailed all 44 proposed amendments in this comprehensive report. Readers can access the full discussion and analysis through the link provided below.
Opposition Cries Foul
On Thursday, August 8, Congress Lok Sabha MP KC Venugopal submitted a notice to oppose the introduction of the Waqf (Amendment) Bill, 2024 in the Lok Sabha. Congress MP Hibi Eden also gave notice to oppose the bill, and the Samajwadi Party has joined in opposition.
Congress MP K Suresh, the party’s chief whip in the Lok Sabha, expressed the opposition’s disapproval of the bill. “In the Business Advisory Committee meeting, Parliamentary Affairs Minister Kiren Rijiju informed us that the government will introduce the Waqf Act Amendment Bill in the Lok Sabha today after Question Hour. Opposition parties, including Congress, TMC, NCP (SCP), Samajwadi Party, and DMK, opposed the bill. We stated that this decision is hasty and made without consulting concerned Muslim organisations and stakeholders. It seems politically motivated ahead of upcoming elections. We demanded the bill be sent to the Standing Committee for evaluation, but the government refused. The entire opposition is strongly opposing this bill,” Suresh said.
Congress MP Manickam Tagore remarked, “Parliament is functioning peacefully, discussing important issues like the budget. The government is using this as a diversionary tactic. We will request these amendments be referred to the Standing Committee.”
Indian Union Muslim League (IUML) MP ET Muhammed Basheer highlighted the gravity of the situation, stating, “The government is attempting to seize the rights of the Waqf Board. We will vehemently oppose this. I believe even some government supporters may join us in this protest. The issue is very serious, as it involves transferring the board’s rights to the government.”
