WAQF ACT CHANGES

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Context: The Union government introduced the Waqf (Amendment) Bill, 2024, to amend the 1995 Waqf Act.

Details

• The proposed amendments to the Waqf Act of 1995, aims to introduce significant changes in the existing framework that governs Waqf properties in India.
• A Waqf is a property donated by Muslims for specific religious, charitable, or private purposes. Although the beneficiaries may vary, the ownership of the property is considered to be held by God.
• Once a property is designated as a Waqf, its status is permanent and cannot be reversed.

Current Governance of Waqf Properties

• Waqf Act, 1995: This law governs Waqf properties in India. Prior to this, laws like the Mussalman Wakf Act, 1923, and the Central Waqf Act, 1954, regulated Waqfs.
• Waqf Boards: Each state has a Waqf Board that manages Waqf properties within its jurisdiction. These Boards are responsible for the administration, recovery of properties, and approval of property transactions.
• Waqf Tribunal: Disputes regarding Waqf properties are handled by a Waqf Tribunal, which includes a judicial officer, a civil services officer, and an expert in Muslim law.

Key Features of the Waqf Act Amendments:

• The Bill proposes to rename the Waqf Act to the Unified Waqf Management, Empowerment, Efficiency and Development Act.
• New Provisions:
  • • Section 3A: Only lawful owners can create a Waqf. This ensures that only those who have legal ownership can dedicate a property as Waqf.
    • Section 3C(1): Government properties cannot be considered Waqf. Properties declared as government land will not be treated as Waqf properties.
    • Section 3C(2): In case of a dispute over whether a property is government land or Waqf, the District Collector will investigate and report to the state government. The property will not be considered Waqf until the government makes a decision.
• Audit Powers: The central government will have the authority to direct audits of Waqf properties at any time. These audits will be conducted by auditors appointed by the Comptroller and Auditor-General of India.

Representation of Women and Non-Muslims

• Women Representation: The amendments require that both the Central Waqf Council and state Waqf Boards include at least two women members. This inclusion is aimed at empowering Muslim women, who have historically been underrepresented in these bodies.
• Non-Muslim Representation: The amended law introduces a non-Muslim category within the Waqf boards and councils. This change was necessary because, under the new structure, members of Parliament (MPs) and government officials are to be included, and these individuals cannot be appointed solely based on religion.

Changes to the Central Waqf Council

• The new composition of the Central Waqf Council includes:
  • • A Union Minister
    • Three MPs
    • Three representatives of Muslim organizations
    • Three Muslim law experts
    • Two ex-judges (from the Supreme Court or High Court)
    • Four individuals of national repute
    • Senior officials from the Union government
• At least two members of this Council must be women, ensuring gender diversity.

Property Classification and Registration

• Omission of Section 40: Previously, Section 40 allowed Waqf Boards to classify any property as Waqf. This section will be omitted, and the power to classify properties as Waqf will now be vested with the District Collector or their deputy, shifting the decision-making authority to government officials.
• Centralized Registration: The registration of Waqf properties must now be done on a centralized website, and a notice is required before any property can be registered as Waqf. This change aims to increase transparency and prevent unauthorized registrations.

Surveys and Disputes

• Survey Authority: The authority to survey Waqf properties will now rest with the District Collector or their deputy. This change centralizes the survey process under government control, potentially reducing the autonomy of Waqf Boards.
• Dispute Resolution: In cases where there is a dispute about whether a property is Waqf, particularly if there is a claim that it is government property, officials will investigate and submit a report to the state. This mechanism ensures that records are adjusted based on these investigations.

Use of Waqf Funds

• The amendments mandate that money received by Waqf Boards must be used for the welfare of widows, divorcees, and orphans.
• The government will have a say in how these funds are to be utilized, which marks a significant shift from the traditional autonomy of Waqf Boards.

Women's Inheritance Protection

• The bill introduces provisions to protect and ensure women’s inheritances. This is a critical aspect aimed at addressing gender-based inequities in inheritance and property rights within the Muslim community.

Special Provisions for Bohra and Agakhani Communities

• The amendments propose a separate board for the Bohra and Agakhani communities, recognizing their distinct religious and cultural identities within the broader Muslim population.

Inclusion of Shias, Sunnis, and OBC Muslims

• The bill provides for the representation of Shias, Sunnis, and other backward classes (OBCs) among Muslims, ensuring that these communities are fairly represented in the management of Waqf properties.

Significance of the Bill

• Governance Shift: By transferring some powers from Waqf Boards and Tribunals to state governments and the District Collector, the Bill aims to enhance transparency and control over Waqf properties.
  • • This change could lead to more government oversight but may also reduce the influence of the Muslim community in managing Waqf properties.
• Audit and Accountability: Centralized audits are intended to improve financial accountability and prevent misuse of Waqf funds.
• Clarification of Property Status: The provisions regarding government land and the removal of “Waqf by use” are designed to clarify property status and prevent disputes. This could address issues of misclassified Waqf properties.
• Inclusivity and Representation: Including non-Muslims in Waqf Boards could foster greater inclusivity but may also lead to tensions regarding the management of properties traditionally governed by the Muslim community.

Controversies and Opposition

Opposition from Waqf Boards and Muslim Organizations

• The proposed amendments have sparked opposition from various quarters, including the Tamil Nadu Waqf Board and the All India Muslim Personal Law Board.
• Critics argue that these changes are an attempt to weaken and destabilize Waqf institutions, which hold significant land assets across the country.
• The All India Muslim Personal Law Board has stated that any changes to the Waqf law "will not be tolerated," indicating strong resistance to the amendments.

Government's Justification

• The government has dismissed the opposition's claims, stating that the amendments are intended to empower Muslim women and children, curb illegal occupancy, and improve the management of Waqf properties.
• The government has also pointed out that these proposals result from extensive consultations with stakeholders and are not intended to erode the autonomy of Waqf institutions.

Conclusion

• The proposed amendments to the Waqf Act of 1995 aim to reform the management of Waqf properties in India by increasing government oversight to empower marginalized groups and enhance efficiency. However, the opposition argues that these changes erode the autonomy of Waqf institutions, leading to expected contentious debates over government control versus institutional independence.

Source:

Indian Express

NDTV

Wikipedia

PRACTICE QUESTION Q.  Consider the following statements: 1.Waqf is a legal endowment in Islamic law where property is donated for religious or charitable purposes, and it becomes a permanent charitable trust. 2.The Waqf Act, 1995, mandates that all disputes related to Waqf properties are to be resolved by civil courts only. 3.The income from a Waqf property can be used for both religious and social welfare purposes according to Islamic law. 4.Waqf properties can be sold according to Islamic law. How many of the above statements are correct? A) Only one B) Only two C) Only three D) All four Answer: B Explanation: Statement 1 is Correct: Waqf is a legal endowment in Islamic law where property is dedicated for religious or charitable purposes. It becomes a permanent charitable trust, and the property cannot be sold or transferred, as it is intended to benefit the specified causes indefinitely. Statement 2 is Incorrect: Under the Waqf Act, 1995, disputes related to Waqf properties are to be resolved by Waqf Tribunals, not by civil courts. The Act establishes Waqf Tribunals to address issues and disputes specifically related to Waqf properties. Statement 3 is Correct: Income from Waqf properties can be utilized for both religious and social welfare purposes. This is in line with Islamic law, which allows for the funds generated by Waqf properties to be used to support religious activities, education, healthcare, and other social welfare activities. Statement 4 is Incorrect: Islamic law mandates that Waqf properties cannot be alienated, sold, or otherwise transferred. They are meant to be perpetual and used solely for the purposes specified in the Waqf deed.