The Waqf (Amendment) Bill is a proposed change to India's Waqf Act, 1995, which governs Muslim charitable endowments. It aims to improve transparency, redefine waqf property rules, and involve district authorities in their management. It caused a severe stir today in the Lok Sabha. The BJP-led Centre, on the one hand, says that the bill somehow improves the administration and management of Waqf properties across the country. BJP's allies TDP and JDU have assigned legitimacy to the bill, with JDU, led by Bihar CM Nitish Kumar, saying that it should be prospective in its application.
It was introduced in Parliament for the first time in August last year. After the barbed spat with rival parties and several Muslim associations, it was sent to a Joint Parliamentary Committee (JPC) to investigate reports on the bill to amend the Waqf Act of 1995, which governs the management of properties gifted by Muslims.
Waqf-Related Bills Introduced in Lok Sabha
In the Lok Sabha, the Waqf (Amendment) Bill, 2024, and the Mussalman Wakf (Repeal) Bill, 2024, were introduced on August 8, 2024. The bill witnessed hot discussions in Parliament for long weeks, which also included the incident of Trinamool Congress MP Kalyan Banerjee smashing a glass bottle and injuring himself. The Joint Parliamentary Committee approved 14 amendments to the bill, even though it rejected all 44 amendments proposed by opposition members, which was under the chairmanship of BJP MP Jagdambika Pal.
What is Waqf?
The Waqf (Amendment) Bill, 2024, has as its primary purpose the further amendment of the Waqf Act of 1995, and with that, it aims to confront problems in the regulation and management of waqf properties. The bill proposes administrative enhancement through the renaming of the Act, revising the definition of waqf, simplifying registration, and including technology in record maintenance. All these are intended to improve the efficient running and enhance the transparency of Waqf boards all over India.
The Mussalman Wakf (Repeal) Bill, 2024, is intended to repeal the obsolete Mussalman Wakf Act, 1923, which, being a relic of colonial times, is not suitable anymore for the governance of waqf properties in modern times. Through the repeal of this antiquated law, it seeks to maintain consistency, transparency, and accountability in the management of waqf properties under the Waqf Act, 1995, thereby doing away with legal gaps or overlaps.
The amendments proposed in the new Waqf Bill give the government powers to regulate waqf properties and settle disputes arising therefrom. This has drawn flak from several Muslim organizations.
Challenges and Controversies Surrounding the Existing Waqf Law
- A property once declared as waqf is ever waqf. For example, the Bengaluru Eidgah ground is claimed to be waqf property from the 1850s. The same goes with the Surat Municipal Corporation building when it was claimed due to usage history as a sarai during Hajj in Mughal times.
- The Waqf Act, 1995 as amended in 2013, has proven ineffective and results in issues like illegal occupation of land, mismanagement and jurisdictional disputes regarding ownership, slowness in the registration and survey of a property, and an increase in litigation and complaints to the ministry.
- Some state Waqf boards have abused their powers; this has brought about differences in community relations. The Waqf Act's Section 40 has been misused to declare Waqf to even stand for private properties, leading to court cases.
- Out of 30 States/UTs, only 8 have submitted reports with 515 properties declared waqf under Section 40.
- The Waqf Act indeed governs only one religion, which raises eyebrows about its constitutional validity, for there is no such analogous law for the properties of other religions.
Balancing Oversight and Autonomy
The Waqf (Amendment) Bill, 2024, has triggered a heated debate over the government's role in managing religious endowments. While the government claims the bill aims to improve transparency and efficiency, many fear it could weaken the Muslim community’s control over Waqf properties. Critics argue that the proposed changes might open the door to political interference and mismanagement.
As discussions continue, lawmakers must engage with all stakeholders, including religious leaders and legal experts, to ensure that the amendments uphold constitutional rights. Any changes must respect the autonomy of religious institutions while also addressing concerns about mismanagement.
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