New Delhi: The Waqf (Amendment) Bill, 2024, aimed at reforming the administration and management of waqf properties, was introduced in Parliament on Thursday amid heated debates. The bill seeks to address longstanding issues of mismanagement, corruption, and encroachments that have plagued the system under the Waqf Act, 1995.
The report of the Joint Committee on the Waqf (Amendment) Bill was presented in both the Rajya Sabha and Lok Sabha, with Home Minister Amit Shah asserting that the BJP had no objections to the inclusion of opposition dissent notes in the report. The final decision, he said, would be left to the Speaker’s discretion, following parliamentary procedures.
Chairman on the Waqf Amendment Bill, Jagdambika Pal today tabled the panel’s report in the Lok Sabha amid opposition protest.
Addressing the Lower House of Parliament, Union Home Minister Shah amidst Opposition sloganeering said that, “Some members of the Opposition have raised objections that their dissent notes have not been fully included in the report. On behalf of my party, I would like to request that the disputes of the opposition be included in the appropriate procedure of the parliamentary process; my party has no objection to this.”
Lok Sabha Speaker Om Birla said that he has included all the dissent notes after meeting with the Oppossition leaders.
“Whatever issues were raised by the members of the Waqf Board who met with me, I have included them in the annexure,” Birla said. The Lok Sabha was subsequently adjourned till 11 am on March 10.
Leader of the House in Rajya Sabha, JP Nadda, hit back at the opposition, calling their protest “irresponsible.”
“Inside the Parliament, there are debates and discussions on various issues, and within a democracy, we agree to disagree, but we must respect traditions. While keeping traditions in mind, the proceedings of the house should be conducted under the provisions of the Constitution,” he said.
“I regret that despite repeated requests from the Chairman, the opposition’s behaviour has been extremely irresponsible, and it deserves all the condemnation it receives,” Nadda added.
Union Parliamentary Affairs Minister Kiren Rijiju also dismissed the Opposition’s claims, saying that nothing was deleted from the report.
“There is no deletion or removal of any part of the report. Everything is tabled on the floor of the House. Don’t mislead the House. I am very pained to say that the Opposition parties are making unnecessary issues by raising issues without facts. The allegation is false. There was no violation of any rules by the JPC. All the dissent notes are also included in the report. This is very unfortunate,” Rijiju said.
Objectives of the Waqf (Amendment) Bill, 2024
The primary aim of the Waqf (Amendment) Bill, 2024 is to enhance efficiency and transparency in the management of waqf properties across India. The bill introduces several key reforms, including:
- Renaming the Act to reflect its updated provisions.
- Revising the definition of waqf properties for better clarity.
- Modernizing the registration process to prevent fraudulent claims and encroachments.
- Integrating technology in waqf management to ensure greater accountability.
Additionally, the bill strengthens the authority of waqf boards while making them more accountable to government oversight, thus preventing illegal transfers and misuse of properties.
Know the differences between the old Waqf Act and the Amended one
The Waqf (Amendment) Bill, 2024, introduces significant reforms to the Waqf Act, 1995, aiming to address concerns related to land disputes, governance, and inclusivity. The amendments seek to bring greater transparency, legal fairness, and accountability to the management of Waqf properties.
Right to Appeal Against Waqf Board’s Claims: According to the old law , Section 40 of the Waqf Act, 1995, empowered the Waqf Board to claim any property as Waqf land, and the only recourse for the claimant was to appeal to the Waqf Tribunal. On the contrary, the amendment allows claimants to challenge the Waqf Board’s claim not only in the Tribunal but also in Revenue Courts, Civil Courts, and even the High Court, ensuring a fairer legal process.
Challenging Waqf Tribunal’s Decision: The decision of the Waqf Tribunal was considered final and could not be challenged in any other court. However, the amendment allows an appeal against the Waqf Tribunal’s ruling in the High Court, providing an additional legal safeguard for those contesting Waqf-related disputes.
Definition of Waqf Property: Any land with a mosque or used for Islamic religious purposes was automatically classified as Waqf property, regardless of ownership disputes. However, the amendment clarifies that land will only be considered Waqf property if it has been explicitly donated to Waqf, preventing arbitrary claims on properties.
Inclusivity in Waqf Board Membership: According to the old law only Muslim men were allowed to be members of the Waqf Board, excluding women and individuals from other religions. Meanwhile, the amendment introduces inclusivity by mandating the inclusion of two women and two members from other religions in the Waqf Board, ensuring broader representation in its administration.
Repeal of Mussalman Waqf Act, 1923
Alongside the Waqf (Amendment) Bill, 2024, the government has also proposed the Mussalman Waqf (Repeal) Bill, 2024. This aims to repeal the outdated Mussalman Waqf Act, 1923, which has become redundant in modern governance. The repeal will eliminate inconsistencies and bring all waqf-related matters under the comprehensive Waqf Act, 1995.
The Waqf Act, 1995, has undergone several amendments over the years. Changes in 1954, 1964, 1969, and 1984 addressed specific loopholes in property management. The most recent 2013 amendment introduced strict measures to curb illegal waqf property transfers and facilitate encroachment removals.
With the 2024 Amendment Bill, the government aims to further streamline procedures, making waqf property management more transparent, accountable, and efficient. The bill, if passed, is expected to curb corruption and mismanagement while ensuring better utilisation of waqf properties for the welfare of beneficiaries.
