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The World Health Organisation (WHO)  has recently released its ‘Pathogens Prioritization’ Report.

• The report  is a framework for epidemic and pandemic research preparedness
• Sample Size: The Research involved over 200 scientists from 54 countries, evaluating the evidence related to 28 viral families and one core group of bacteria, encompassing 1,652 pathogens. 
• • The Final List: It  comprises over 30 ‘priority pathogens’

Key Highlights of the Report

• Priority Pathogen:  It is a list of pathogens (virus and bacterial) prepared by WHO at the global level , assessing the entire Pathogen Families  containing pathogens that can infect humans and have the potential to cause outbreaks or pandemics or for its risk of causing a Public Health Emergency of International Concern or PHEIC.
  • Bacterial Pathogens Priority List (BPPL): The WHO had also updated its Bacterial Pathogens Priority List (BPPL)  including  gram-negative bacteria resistant to last resort antibiotics, and Mycobacterium tuberculosis resistant to the antibiotic Rifampicin. 
    • The list had featured 15 families of antibiotic-resistant bacteria.
• Prepared by: The WHO R&D Blueprint for Epidemics
  • The body functions as a global platform for research and development collaboration, to expedite the research and development of medical countermeasures (MCMs) to respond to epidemics and pandemics
• Approach: The Report is a scientific framework to enhance preparedness for forthcoming outbreaks, Public Health Emergencies of International Concern (PHEICs), and pandemics by focusing on research of Viral and Bacterial Families.\

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• Need: The Report will act as a pointer for the governments to allocate resources towards surveillance and medical countermeasures for these pathogens.
  • Surveillance Aspect:
    • The Spread of a pathogen beyond a geographical area 
    • The Virulent behaviour of the pathogen 
    • Changes in its transmissibility rate
    • Changes in the clinical manifestation of the disease it causes
    • The Resistance rate to the known treatment and does it have vaccine escape properties
• Strategy: The 2024 report, for the first time, has incorporated the concept of the ‘Family approach’ and the ‘Prototype Pathogen’. Some of the “new” Priority Pathogens’ included this year were noted in 2017 and or 2018 as pathogens of concern 
  • The Family Approach: The research has been prioritised for the entire pathogen Families as opposed to a handful of individual pathogens to bolster the response capability to unforeseen variants, emerging pathogens, zoonotic transmissions, and unknown threats such as ‘Pathogen X.
    • Pathogens within a family have a lot of similarities and also  share genetic material, meaning an existing treatment option or vaccine for one strain of the family could potentially be repurposed for another. 
  • The Prototype Pathogens: They are the representative pathogens within a family which are selected to serve as a model for fundamental research to develop medical countermeasures that can be applied to other members of the family.
• Regional Priority Pathogens:  
  • African Region:
    • Main Priorities: The Filoviruses (Orthoebolavirus zairense, sudanense, and marburgense), Orthopoxvirus monkeypox, and Mammarenavirus lassaense. 
    • Others: It includes all the three priority Orthoflaviviruses (denguei, encephalitidis, and zikaense), and Alphavirus chikungunya.
    • Prototype Pathogens:Mammarenavirus lujoense and the Phlebovirus riftense.
  • American Region: 
    • The Priority Pathogens: Orthohantavirus sinnombrense, and Alphavirus venezuelan are specific to the region. 
    • Endemic: All three priority Orthoflaviviruses (denguei, encephalitidis, and zikaense) are endemic in the Region.
    • The Prototype Viruses: Mammarenavirus juninense and Orthobunyavirus oropoucheense
  • Eastern Mediterranean Region: 
    • Priority Pathogens: Subgenus merbecoviruses and enterovirus coxsackiepol.
    • Bacterial pathogens: It includes Vibrio cholera O139 and Shigella dysenteriae serotype 1.
  • European Region: 
    • Priority Pathogen: Orthonairovirus haemorrhagiae occurs in the European Region with the prototypes Orthoflavivirus encephalitidis and Orthobornavirus bornaense mostly found in this region.
  • South East Asia Region: 
    • Bacterial Priority Pathogens: It includes Vibrio cholera O139 and Shigella dysenteriae serotype 1. 
    • Endemic Priority Pathogens: Henipavirus nipahense and Bandavirus dabieense, and the mosquito-borne Orthoflavivirus denguei and zikaense, Alphavirus chikungunya are endemic in the South-East Asia Region
    • Prototype Pathogen: Orthohepadnavirus hominoidei genotype C is most common in the South-East Asia Region.
• Western Pacific Region: 
  • Priority Pathogen: Influenza and Subgenus sarbecoviruses are a high priority in the Western Pacific region. 
  • Endemic: The priority pathogens are  henipavirus nipahense, Orthohantavirus hantanense and Bandavirus dabieense,
    •  Mosquito -borne Orthoflavivirus denguei and Alphavirus chikungunya. 

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Antarctica is experiencing its second intense winter heatwave in two years, with ground temperatures averaging 10°C above normal since mid-July and reaching up to 28°C higher on some days.

Status of Temperatures in East Antarctica

• Current Temperature Levels: Temperatures in East Antarctica range between minus 25°C to minus 30°C.
• Typical Winter Temperatures: Normally, deep-winter temperatures in this region vary between minus 50°C to minus 60°C.

About Heat Wave

• Heat Wave: A heat wave is a period of unusually high temperatures, exceeding normal maximum temperatures for the summer season.
• Timing: Heat waves commonly occur between March and June, and occasionally extend into July.
• Trends: Global climate change is leading to more frequent and intense heat waves, with higher peak temperatures and longer durations.

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Reasons for the Heatwave in Antarctica

• Weakening of the Polar Vortex

  • The primary culprit behind the heatwave is the weakening of the polar vortex.
    • The polar vortex is a band of cold air and low-pressure systems that circulates around the Earth’s poles in the stratosphere.
  • Normally, this vortex keeps cold air trapped and prevents warm air from entering.
  • However, large-scale atmospheric waves disrupted the vortex this year, allowing warm air to infiltrate the region.

• Reduced Antarctic Sea Ice

  • Sea Ice Role: Sea ice helps maintain low temperatures in polar regions by reflecting sunlight back into space and acting as a barrier between the cold air and warmer water below.
    • A significant decline in Antarctic sea ice extent contributed to the heatwave.
      • Less sea ice means more sunlight is absorbed, leading to warmer temperatures.

• Accelerated Warming in Antarctica

• • Antarctica is warming at a rate of 0.22°C to 0.32°C per decade, nearly twice as fast as the global average due to climate change. 
    • This rapid warming makes the region more susceptible to extreme weather events like heat waves.
      • The overall trend of global warming exacerbates the impact of other factors.

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Consequences of Antarctica’s Heatwave

• Ecosystem Disruption

• • Biodiversity Impact: The heatwave could disrupt Antarctic ecosystems, affecting species that depend on cold, stable conditions. 
    • This could lead to changes in the food chain and impact global biodiversity.
  • Habitat Loss: As ice melts, habitats for cold-adapted species like penguins and seals may shrink, leading to potential declines in their populations.

• • Antarctic Ice Sheet Impact: The heatwave could accelerate the loss of the Antarctic Ice Sheet, which, along with the Greenland Ice Sheet, is crucial for global ice reserves.
    • The Antarctic Ice Sheet is vital for global ocean circulation, which distributes heat, carbon, nutrients, and freshwater.
  • Global Sea Level Threat: If melted, the Antarctic Ice Sheet, which holds over 60% of the world’s freshwater, could significantly raise global sea levels and displace millions living near coastlines.

• Feedback Loops and Further Wrming

  • Albedo Effect: The loss of ice reduces the Earth’s albedo, or its ability to reflect sunlight. 
    • Less ice means more sunlight is absorbed by the ocean, leading to further warming and accelerated ice melt.
  • Potential Runaway Warming: This process could create a feedback loop, where warming leads to more ice melt, which in turn leads to further warming, potentially pushing the Antarctic climate system toward irreversible changes.

• Global Climate Implications

• • Extreme Weather: Changes in Antarctic conditions could influence global weather patterns, leading to more extreme weather events such as heatwaves, storms, and floods in other parts of the world.
  • Impact on Global Carbon Cycle: The disruption of the ocean circulation system could affect the global carbon cycle, potentially leading to higher concentrations of carbon dioxide in the atmosphere and exacerbating global warming.
    • Slowing Circulation: Melting ice is reducing surface water salinity and density, slowing down ocean circulation and impacting climate regulation.

Significance of Antarctica

• Climate Regulation: 
  • Climate regulation: Antarctica ice sheet reflects a lot of solar energy which helps to control temperature of the earth. 
  • Ocean circulation: It plays a major role in ocean circulation which impacts the climate patterns around the world. 
• Freshwater Storage: Antarctica ice sheet is the largest reservoir of freshwater on the earth.
  • It holds around 60 metres of sea level equivalent. 
• Biodiversity: Despite its harsh climatic condition, it supports various wildlife including penguins, seals, and various seabirds.
• Scientific Research: Ice cores in Antarctica provide useful data on Earth’s climate history over a million of years. 
  • It acts as a natural laboratory for studying life in harsh environments and understanding the whole ecosystem. 

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India’s Endeavour at Antarctica

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Recently, the Finance Bill 2024 was passed in the Lok Sabha with an amendment relaxing a proposal for the long-term capital gains (LTCG) tax on real estate. 

• It allows taxpayers an option to switch to a new lower tax rate of 12.5% or stick to the old regime with a 20% tax rate and indexation benefit.

Key Highlights of the Amended Finance Bill 2024

• Capital Gains Tax on Real Estate: The major amendment in the Bill relates to the restoration of indexation benefit on the sale of properties bought prior to July 23, 2024. 
  • Now, individuals or Hindu Undivided Families (HUFs) who purchased houses before this date can choose to: pay LTCG tax under the new scheme at the rate of 12.5% without indexation, or claim the indexation benefit and pay 20% tax.

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• Government’s Stance on the Taxation Strategy
  • The Budget aims to promote investment and benefit the middle class through a simplified tax regime.
  • The reduction in customs duties, an increase in tax exemption limits on long-term capital gains in listed equities and bonds, and an increased standard deduction for salaried individuals were steps in simplifying the tax regime and providing relief to taxpayers.
• Simplification of Tax Regime
  • It was emphasised that 72% of taxpayers opted for the new tax regime while filing returns this year, highlighting the government’s focus on tax simplification.
• Opposition’s Protest on GST
  • Demand for Amendment: Opposition members protested against the 18% Goods and Service Tax (GST) on health and life insurance premiums.
  • Government’s Stance: The GST subsumed previous state taxes on insurance premiums, and any amendments to GST rates require approval from the GST Council.
    • The GST Council, established by the President under Article 279A (1) of the amended Constitution, is a joint forum of the Centre and the states.
    • It includes the Union Finance Minister as the chairperson, the Union Minister of State for Finance, and a finance or taxation minister from each state.

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Recently, A new project aiming to accelerate the development and accessibility of human avian influenza (H5N1) messenger RNA (mRNA) vaccine candidates for manufacturers in low- and middle-income countries has been launched. 

• This will be done through mRNA Technology Transfer Programme (MTTP) of WHO, which will supplement the ongoing work under the Pandemic Influenza Preparedness (PIP) Framework.

About Avian Influenza A H5N1 Bird Flu

• H5N1 is a type of influenza virus that causes severe respiratory disease in birds.
• Transmission: Humans are also at risk but they rarely contract bird flu. 
  • Most of the cases of human infection involve people who have. prolonged or close exposure to H5N1-infected animals such as farm/poultry workers, are at a higher risk. 
• Cases of Human Infection: Human infections with H5N1 were first reported in 1997 during a poultry outbreak in Hong Kong.
• Treatment: The antiviral Oseltamivir
  • There are also vaccine candidates that have been developed, but not readily available, for H5N1.
• Potential of Pandemic: Avian influenza is not on the WHO priority list of pathogens of pandemic potential.

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About mRNA

• Messenger RNA (abbreviated mRNA) is a type of single-stranded RNA involved in protein synthesis. mRNA is made from a DNA template during the process of transcription. 
• The role of mRNA is to carry protein information from the DNA in a cell’s nucleus to the cell’s cytoplasm (watery interior), where the protein-making machinery reads the mRNA sequence and translates each three-base codon into its corresponding amino acid in a growing protein chain.

mRNA (messenger RNA) Vaccine Technology 

• It represents a revolutionary approach to preventing infectious diseases and has garnered significant attention, especially for its role in combating COVID-19. 
• Working: This technology involves using synthetic mRNA to instruct cells to produce proteins that trigger an immune response.

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Recently, the Supreme Court has upheld its power to review Delimitation Commission orders if they are deemed clearly arbitrary or in violation of constitutional principles.

• Earlier Gujarat HC had dismissed a petition challenging delimitation exercise, taking note of Article 329(a) of Constitution, which bars interference by Court in electoral matters. 

Supreme Court Observation

• Hearing appeal to Gujarat HC decision: The Court was hearing an appeal challenging the Gujarat High Court’s decision that dismissed a Writ Petition which contested the delimitation exercise that resulted in reserving the Bardoli Legislative Assembly Constituency in Gujarat for the Scheduled Caste community.

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• Supreme Court set aside HC decision: In Kishorchandra Chhanganlal Rathod case Supreme Court does not approve the High Court’s view that orders of delimitation of constituencies are entirely insusceptible to judicial review under Article 226 of the Constitution.
• Supreme Court Observation: Article 329 undeniably restricts the scope of judicial scrutiny but it cannot be construed to have imposed for every action of delimitation exercise.
  • If judicial intervention in any law relating to the delimitation of constituencies is completely barred, citizens would not have any forum to plead their grievances and would be left solely at the mercy of the Delimitation Commission.
• No Bar on Judicial Review Powers: There is nothing that precludes the Courts from checking the validity of orders passed by the Delimitation Commission on the touchstone of the Constitution. 
• If the order is found to be manifestly arbitrary and irreconcilable to the constitutional values, the Court can grant the appropriate remedy to rectify the situation.

About Delimitation of Constituencies

• Delimitation of Constituencies: It means the act or process of fixing limits or boundaries of territorial constituencies in a country or a province having a legislative body. 

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• The job of delimitation is assigned to a body- known as Delimitation Commission or a Boundary Commission.
• Delimitation Commissions have been set up four times — 1952, 1963, 1973 and 2002 under the Acts of 1952, 1962, 1972 and 2002.
• The 87th Amendment Act of 2003 provided for the delimitation of constituencies on the basis of 2001 census

Significance of Periodical Delimitation Exercise

• Maintain Proportional Representation:
  • Adjustment of boundaries (utilizing data from the most recent Census) to maintain equal population distribution across all constituencies within the State/Union Territory. 
  • Balanced Electoral Landscape : It guarantees an equitable allocation of territorial divisions to ensure that all political parties or candidates in the elections.
• Adequate Representation : For Reserved Seats for SCs & STs.
  • One Vote One Value Principle

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Recently, A discussion paper by NITI Aayog, Multidimensional poverty in india since 2005-06, found that multidimensional poverty declined to 11.28 per cent in 2022-23 from 29.17 per cent in 2013-14

• This implies 248.2 million people have escaped poverty in the nine-year period.

About Multidimensional Poverty Measure (MPM)

• Poverty: According to the World Bank, Poverty is pronounced deprivation in well-being, and comprises many dimensions. It includes low incomes and the inability to acquire the basic goods and services necessary for survival with dignity. 
  • Poverty also encompasses low levels of health and education, poor access to clean water and sanitation, inadequate physical security, lack of voice, and insufficient capacity and opportunity to better one’s life.
• Multidimensional Poverty Measure (MPM): It seeks to understand poverty beyond monetary deprivations (which remain the focal point of the World Bank’s monitoring of global poverty) by including access to education and basic infrastructure along with the monetary headcount ratio at the $2.15 international poverty line.
  • Alkire Foster (AF) Methodology: In 2010, the Multidimensional Poverty Index (MPI), developed by Sabina Alkire and James Foster, was adopted by the United Nations Development Programme (UNDP) in their Human Development Report. It captures overlapping deprivations in health, education and living standards (UNDP, 2010).
• Multidimensional Poverty Index: An index that measures the percentage of households in a country deprived along three dimensions – Monetary poverty, Education, and Basic infrastructure services – to capture a more complete picture of poverty

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National Multidimensional Poverty Index

• About: NITI Aayog in collaboration with United Nations Development Programme (UNDP), and Oxford Poverty and Human Development Initiative (OPHI) developed the National Multidimensional Poverty Index (MPI) that offers a multi-dimensional perspective on poverty.
•  It complements income poverty measurements because it measures and compares deprivations directly. 
• Various Level: The National MPI is a robust, and nuanced public policy tool that can be used to monitor multidimensional poverty at the national, state, and district levels in India.
• Sustainable Development Goals (SDGs): India’s National MPI is a contribution towards measuring progress for target 1.2 of the Sustainable Development Goals (SDGs) that aims to reduce “at least by half the proportion of men, women and children of all ages living in poverty in all its dimensions according to national definitions” by 2030.
• Methodology: The dual cut-off Alkire-Foster (AF) methodology – the one used in the Global MPI Report – was considered suitable for the national context. 

• MPI captures broad qualitative aspects of people’s life across 3 dimensions – Health, Education, and Standard of living. 
• 2 new indicators: The national MPI largely follows the global methodology. India’s national MPI retained 10 indicators from the Global MPI and has added 2 new indicators, namely Maternal Health (in the dimension of Health) and Bank Account (in the dimension of Standard of Living).

Computing the MPI

• Building a deprivation profile for each household: Each household is assigned a deprivation score based on its deprivation in each of the 12 indicators.
• Identifying the poor: If the deprivation score of a household is above 33%, they are multidimensionally poor.
• Indices of MPI:
  • Headcount ratio (H): How many are poor?
    • Proportion of multidimensionally poor in the population, which is arrived at by dividing the number of multidimensionally poor persons by total population.
  • Intensity of poverty (A):  How poor are the poor?
    • Average proportion of deprivations which is experienced by multidimensionally poor individuals. To compute intensity, the weighted deprivation scores of all poor people are summed and then divided by the total number of poor people.
• Formulae: MPI is arrived at by multiplying headcount ratio (H) and intensity of poverty (A).
  • MPI = H x A

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Government Initiatives For Poverty Alleviation

• Health: Flagship programmes like the Poshan Abhiyan and Anaemia Mukt Bharat have contributed to reduced deprivations in health.
• Sanitation:  Initiatives such as Swachh Bharat Mission (SBM) and Jal Jeevan Mission (JJM) have improved sanitation across the country. 
• The impact of these efforts is evident in the swift 21.8 percentage points improvement in sanitation deprivations. 
• Cooking fuel : The provision of subsidized cooking fuel through the Pradhan Mantri Ujjwala Yojana (PMUY) has positively transformed lives, with a 14.6 percentage points improvement in cooking fuel deprivations. 
• Other Initiatives: Like Saubhagya, Pradhan Mantri Awas Yojana (PMAY), Pradhan Mantri Jan Dhan Yojana (PMJDY), and Samagra Shiksha have also played a major role in significantly reducing multidimensional poverty in the country. 
  • Pradhan Mantri Awas Yojana (PMAY): To provide affordable housing for all by the year 2022. The scheme aims to address the housing shortage among the economically weaker sections, low-income groups, and middle-income groups.
  • Pradhan Mantri Jan Dhan Yojana (PMJDY): To provide universal access to banking facilities, with at least one basic banking account for every household. The scheme also aims to promote financial inclusion by providing access to financial services like savings accounts, credit, insurance, and pension.
  • Rural Employment Generation Programme (REGP): Implemented by The Khadi and Village Industries Commission;. One can get financial assistance in the form of bank loans to set up small industries.
  • Prime Minister Rozgar Yojana (PMRY): The educated unemployed from low-income families in rural and urban areas can get financial help to set up any kind of enterprise that generates employment.
  • Mahatma Gandhi National Rural Employment Guarantee Act: Adult volunteers can do  unskilled manual work for a minimum of 100 days in a year.
  • Swarnajayanti Gram Swarozgar Yojana (SGSY): Now has been restructured as National Rural Livelihoods Mission (NRLM)
    • The Government provides partial financial assistance to SHGs which then decide whom the loan is to be given to for self-employment activities. 

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The Waqf Amendment Bill 2024 has been referred to a Joint Committee of Parliament. The Bill seeks to amend the 1995 Waqf Act, proposing sweeping changes to how Waqfs are governed and regulated.

• This Bill met with strong criticism from the Opposition parties who said the proposed law was “unconstitutional”, “anti-minority”, and “divisive”.

About Waqf

A Waqf is a personal property given by Muslims for a specific purpose — religious, charitable, or for private purposes. 

• Historical Background: The concept of Waqf (endowment) was introduced in India with the advent of Muslim rule. 
  • During the Mughal and Sultanate periods, Waqf management was centralised and theocratic in nature. 
  • The earliest recorded Waqf in India dates back to the Delhi Sultanate, when Sultan Muizuddin Sam Ghaor dedicated two villages to the Jama Masjid of Multan and entrusted its administration to Shaikhul Islam. 
  • Waqf was also closely linked to conversion and cultural appropriation in pre-British India.
• Formation: A Waqf can be formed through a deed or instrument or orally, or a property can be deemed to be Waqf if it has been used for religious or charitable purposes for a long period of time. 
  • Once a property is declared as Waqf, its character changes forever, and cannot be reversed.
• Ownership: While the beneficiaries of the property can be different, the ownership of the property is implied to be with God.

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Governance of Waqf in India

Waqf properties in India are governed by the Waqf Act 1995. 

• Legal Backing: India has had a legal regime for the governance of Waqfs since 1913, when the Muslim Waqf Validating Act came into force. 
  • The Mussalman Wakf Act, 1923,and then the Central Waqf Act, 1954, was enacted, which was ultimately replaced by the Waqf Act, 1995.
  • In 2013, the law was amended to prescribe imprisonment of up to two years for encroachment on Waqf property, and to explicitly prohibit the sale, gift, exchange, mortgage, or transfer of Waqf property.
• Maintenance of List: The Waqf law provides for the appointment of a survey commissioner who maintains a list of all Waqf properties by making local investigations, summoning witnesses, and requisitioning public documents.
• Managed by: A Waqf property is managed by a mutawalli (caretaker), who acts as a supervisor. Waqf properties are managed in a way that is similar to how properties under Trusts are managed under the Indian Trusts Act, 1882.
• Under Judgment of: The Waqf Act states that any dispute related to Waqf properties will be decided by a Waqf Tribunal. 
  • The Tribunal is constituted by the state government, and comprises three members:
    • A chairperson who is a state judicial officer not below the rank of a District, Sessions or Civil Judge, Class I
    • An officer from the state civil services
    • A person with knowledge of Muslim law and jurisprudence
• Other Associated Organisations and Members: The law also has provisions for the constitution and appointment of Waqf Boards, Waqf Councils, Chief Executive Officers (CEOs) for Waqf Boards in the states. 
  • The CEOs and parliamentarians who are part of the Waqf Boards must be from the Muslim community.

About Waqf Board

A Waqf Board is a body under the state government, which works as a custodian for Waqf properties across the state. 

• Coverage: In most states, there are separate Waqf Boards for the Shia and Sunni communities.  Almost all prominent mosques in the country are Waqf properties and are under the Waqf Board of the state.
• Membership: A Waqf Board is headed by a chairperson, and has one or two nominees from the state government, Muslim legislators and parliamentarians, Muslim members of the state Bar Council, recognised scholars of Islamic theology, and mutawallis of Waqfs with an annual income of Rs 1 lakh and above.
• Powers: A Waqf Board has powers under the law to administer the property and take measures for the recovery of lost properties of any Waqf, and to sanction any transfer of immovable property of a Waqf by way of sale, gift, mortgage, exchange, or lease. 
  • However, the sanction shall not be given unless at least two thirds of the members of the Waqf Board vote in favour of such a transaction.

Key Insights on the Proposed Waqf Amendment Bill 2024

The Bill seeks to substantially alter the existing framework of Waqf law. The proposed amendment shifts the power of governing Waqfs from the Boards and Tribunals, which are largely run by the Muslim community, to the state governments.

• Change of Name: The Bill seeks to change the name of the parent Act from the Waqf Act, 1995, to the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995.
• Alteration of the Definition of ‘Waqf’: Under the Bill, only lawful property owners who have practised Islam for at least five years are authorised to create ‘waqf’ properties through the execution of formal deeds. 
  • This revision abolishes the ‘waqf by use’ concept, which permits a property to be considered waqf based on usage, even if the original deed was disputed. 
  • Traditionally, waqf properties were often dedicated orally until formal documentation became standard practice.
• Addition of New Provisions: It seeks to introduce three new provisions in the Act:
  • Section 3A: It states that no person shall create a Waqf unless he is the lawful owner of the property and competent to transfer or dedicate such property. 
    • This provision appears to address the assumption that land that does not belong to an individual is not given as Waqf.
  • Section 3C(1): It states that “government property identified or declared as Waqf property, before or after the commencement of this Act, shall not be deemed to be a Waqf property”.
  • Section 3C(2): It empowers the government to decide if a property given as Waqf is government land. 
• Unrecognition of Waqf Property: To prevent any fraudulent waqf claims, the Bill stipulates, “Any government property identified or declared as waqf property, before or after the commencement of this Act, shall not be recognized as waqf property.” 
• • The proposed Bill, by omitting the provisions relating to “Waqf by user,” makes a Waqf property suspect in the absence of a valid Waqfnama.
• Broad Representation: Women’s representation has been mandated in the new Central Waqf Councils and state Waqf state boards. There will also be representation of different sections among Muslims like the Bohras and backward sections.
  • The law permits widows, divorced women, and orphans to be beneficiaries of proceeds from waqf assets.
• Power Reposed in District Collectors: The responsibility of surveying waqf properties, previously managed by survey commissioners under the 1995 Act, will now be assigned to district collectors or officers of equivalent rank. 
  • Revenue records are with the collector, hence should decide whether a piece of land is government land or Waqf land. 
• Centralised Registration System: Technology will be used for efficient functioning and all Waqf documentation will be monitored by the ministry. This system is proposed to improve the accuracy of waqf property records. 
  • All information about waqf properties must be uploaded to this portal within six months of the new law’s enactment. 
  • Moreover, any new waqf property registrations must be submitted exclusively through this portal to the Waqf Boards.
• On Determination of Property: The Bill omits section 40, which previously granted waqf tribunals the authority to determine whether a property qualifies as waqf. 
  • It designates the district collector as the final arbiter in such matters. 
  • Once a determination is made, the collector must update the revenue records and submit a report to the State government.  
  • The Bill makes it clear that the disputed property cannot be treated as a waqf property till the collector submits his final report. This implies that until the government decides the issue, a Waqf Board cannot be in control of the disputed land. 
• Inclusion of ‘Non-Muslims’: The Bill proposed the inclusion of non-Muslims in key waqf institutions — the Central Waqf Council, State Waqf Boards, and waqf tribunals. 
  • Power on Appointment: It empowers the Centre to appoint three Members of Parliament (two from the Lok Sabha and one from the Rajya Sabha) to the Central Waqf Council without specifying that they have to be Muslims. 
  • Similarly, as per the new Bill, State Waqf Boards have to include two non-Muslims and two women as members.
  • Under the 1995 Act, the three MPs to be included in the Council had to be from the Muslim community. 
• Composition: It has been changed from a three-member body to a two-member body. The tribunal will now consist of a district judge and an officer of joint secretary rank to the State government. 
• Time Frame on Resolution of Disputes: Under the proposed law, tribunals must resolve disputes within six months, with a possible extension of an additional six months.
• Stringent Financial Oversight: The Bill empowers the Centre to “direct the audit of any waqf at any time by an auditor appointed by the Comptroller and Auditor-General of India, or by any officer designated by the Central Government for that purpose.” 
  • The Waqf Boards are required to audit their accounts annually, selecting auditors from a panel constituted by the State governments. 
  • Penalties will also be levelled upon mutawallis (caretaker) if they fail to maintain proper accounts.
• Judicial Review: The proposed law allows courts to intervene in waqf disputes. 
  • It removes the finality of decisions made by waqf tribunals, allowing aggrieved parties to appeal directly to the concerned High Court. 
  • This is aimed at increasing judicial oversight and curbing instances of arbitrary exercise of power by Waqf Boards or tribunals.

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Need for the Waqf Amendment Bill 2024

The Bill is about bringing transparency in an institution, which is not a place of worship. The Waqf Board is made by law and if it starts malfunctioning, the government has the right to introduce transparency. 

• Efficiency: The Sachar Committee report said that Rs 163 crore are generated as annual income of 4.9 lakh registered Waqf properties and if these are efficiently managed, Rs 12,000 crore per annum would be generated.
• Better Infrastructure: A joint committee under K Rehman Khan also said that the Waqf Board has inadequate infrastructure and manpower. 
  • It added that proper documentation be maintained, there be computerisation and a centralised database of the same, and the Waqf Act be relooked.
• Combat Encroachment: In the last year alone, 194 complaints were received about encroachment or illegal transfer of Waqf land and the present law for having no law of limitation.
• Better Justice Delivery: In 1976, a Waqf enquiry report recommended that proper steps be taken to simplify the tribunal system to do away with too many pending cases. 
  • It also said that audits and accounts of the Waqf Board were not proper and needed to be improved.
• Inclusiveness: Misuse of the ‘Waqf-al-Aulad’ provision denies inheritance rights to women and orphans in certain cases is another concern sought to be addressed by the bill.

Significance of the Waqf Amendment Bill 2024

The Waqf Board Amendment Bill 2024 will bring a lot of changes that are aiming to improve Governance in India and enhance transparency. By addressing key issues in the existing Waqf Act of 1995, the bill seeks to bring about significant administrative reforms and ensure more inclusive and efficient management of Waqf assets. 

• Enhanced Transparency: The bill includes provisions to digitise records and create a centralised database. This will make it easier to track and manage Waqf properties, reducing the potential for fraud and mismanagement.
• Improved Governance: Administrative reforms proposed in the bill by the government will lead to more professional and efficient management of Waqf properties. This could result in better utilisation of these resources for charitable and religious purposes​.
• Protection of Waqf Properties: The bill aims to protect Waqf properties by regulating leasing and preventing encroachments. Unauthorised use and exploitation of these properties will be prevented, ensuring they are used for their intended religious and charitable purposes.
• Inclusion and Representation: Including Muslim women and non-Muslims in Waqf Boards is a step toward more inclusive governance, ensuring diverse perspectives in decision-making.
• Efficient Dispute Resolution: The new dispute resolution mechanism will help in resolving conflicts related to Waqf properties more effectively, reducing the burden on regular courts and ensuring quicker justice​.
• Amendments are not Unconstitutional: The provisions of the Bill does not take away the freedom of any religious body protected under Articles 25 to 30 as the waqf board being a religion denomination and as per the Bramchari Sidheswar Bhai & Ors.v State Of West Bengal (1995), waqf board does not fall within the purview of Articles 25 and 26.

Challenges with the Proposed Waqf Amendment Bill 2024

Following challenges has been raised by various experts:

• Against Constitutional Values: Various critics argue that the provision of the Bill that non-Muslims can also be members of the governing council is against the values of Article 26 that provides freedom to manage religious affairs, subject to morality, health, and public order. It provides the right to form and maintain institutions for religious and charitable purposes.
  • The Bill is violative of Article 14, which ensured equality before law, as it was discriminatory against one religion. 
  • It is against federalism as land is a state subject. 
  • In 1962, the SC ruled that the government should not interfere in religion.
• Excessive Executive Control: Excessive government control is against the principles of economic liberalisation. Rights vested in waqf properties hundreds of years ago cannot be taken over by executive officers without fair judicial determination. 
• Undermining of Autonomy: The Waqf are privately acquired or inherited properties dedicated for religious purposes; interference of the government will undermine the autonomy of the waqf.
  • Increased centralisation of waqf property management and the inclusion of non-Muslims in waqf governance might undermine the autonomy of Muslim religious institutions. 
• Adverse Possession: Introducing the concept of adverse possession for Waqf properties raises concerns that Waqf lands could be lost due to bureaucratic decisions or misuse.
• An Action to Divide the Communities: There is a concept of Waqf by use. There are various mosques including a 200-year-old mosque near Parliament for which no one knows about their deeds. This will make the existence of every mosque difficult and can create a divide between communities and provoke violence.

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Conclusion

The Waqf is a statutory body, and the amendments aim to enhance its functioning, transparency, and accountability. The passage of the bill is expected to have a profound impact on the management of Waqf properties in India, ensuring that they are used for their intended purposes and benefiting the community at large.

• While the amendments are a welcome step, it is crucial to implement measures that adequately protect waqf properties without infringing upon the freedom of religion guaranteed under Article 25 (Freedom of conscience and free profession, practice, and propagation of religion) of the Constitution. 

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