Why Centre’s Move To Revamp Waqf Boards Has Sparked A Political Storm

The BJP-led NDA govt is all set to bring a Waqf Board Amendment Bill 2024 in Parliament to amend the 1995 law governing Waqf Boards to ensure more accountability and transparency in their functioning. 

Centre’s Move To Revamp Waqf Boards

• Proposed Bill: Centre plans to amend the 1995 Waqf Act which aims to enhance accountability and transparency of Waqf Boards.
• Background: Waqf Boards manage Waqf properties including mosques, dargahs, graveyards, and social welfare institutions like schools, colleges, hospitals, and dispensaries.
  • The boards are established under the Waqf Act, 1995, to oversee religious, social, and economic affairs of Muslims.
• Opposition Criticisms: Claims the government aims to undermine Waqf Boards’ autonomy.

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About Waqf Law

• Decoding the Waqf law: The Waqf Act, 1995, was enacted to regulate ‘auqaf’ (assets donated and notified as waqf) by a wakif – the person who dedicates a property for any purpose recognised by the Muslim law as pious, religious or charitable.
• Who owns Waqf properties: Waqf properties are contributions made by Muslim philanthropists for religious and charitable purposes, and the government has implemented the Waqf Act solely to regulate these properties.
• Can Waqf lay claim to any property: Section 3 of the Act states that if the Waqf “thinks” that the land belongs to a Muslim, then it is the property of the Waqf. Once a property is tagged as Waqf, one cannot challenge it in a court of law.
• A major overhaul on the cards: 
  • Government proposes to amend the law, make verification mandatory for claims on properties by Waqf Boards.
  • This will also apply to properties on which claims and counter-claims have been made by Waqf Boards.
  • Proposed Bill mandates inclusion of two female members in Central Waqf Council and Waqf Boards in various states.

The Proposal

• Union Cabinet discussed amendments to the Waqf Act, 1995. Focus on addressing perceived arbitrary jurisdiction of Waqf Boards over substantial assets.
• Mandatory Verification: Waqf Boards’ claims to properties will now require mandatory verification. Verification process will apply to both Waqf Board claims and individual owner counter-claims.
• Current Powers of Waqf Boards: Over 8.7 lakh properties, totaling around 9.4 lakh acres, fall under Waqf Boards’ jurisdiction.

Need for Such Legislation

• Demand from Community: Representations from Muslim intellectuals, women, and various sects (Shias, Bohras, etc.) prompted the need for amendments.
• Aligned with International Practices: Preliminary review of Islamic countries (Oman, Saudi Arabia) reveals they do not grant such extensive powers to a single entity.
• Rectify 2013 Amendments: Government granted more powers to Waqf Boards, leading to contention among Waqf authorities, property owners, and state entities like the Archaeological Survey of India (ASI).
• Curbing Sweeping Powers: State Waqf Boards’ ability to claim any property and delays in property surveys noted.
• Ensuring Monitoring and Appeals: Consideration of involving district magistrates for better monitoring and scrutiny of flaws in the appeal process.

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Conclusion

The proposed amendments to the Waqf Act aim to enhance transparency and accountability, addressing criticisms of excessive powers for better regulation.

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