Explained: The Waqf (Amendment) Bill, 2024

PTC News Desk: A political slugfest has been triggered by the Union government’s planned revision to the Waqf Boards Act 1995. The plans, according to the opposition parties, are intended to deny the Muslim community its property, possessions, and the ‘freedom to manage religious affairs’ that is protected by Article 26 of the Indian Constitution.

In response, the ruling NDA has stated that the Muslim community itself is the source of the demand for Waqf board regulation.

What is a Waqf property?

It refers to movable or immovable property that has been given by a deed or other legal document in the name of God for charity purposes. The practice predates the beginning of the documenting practice by several years. Therefore, properties that have been occupied for a considerable amount of time may also be regarded as Waqf properties.

A Waqf property may be kept privately to benefit a person’s heirs or used for public charitable purposes. A Waqf property is always held in the name of God and cannot be transferred. A Waqf’s earnings are usually used to support shelter homes, mosques, schools, and cemeteries that serve a large Muslim population.

What is a Waqf board?

To manage waqf properties, a legal body with nominated members is called a waqf board. Each property has a custodian appointed by the board to make sure the proceeds are used for what they were intended for.

Founded in 1964, the Central Waqf Council (CWC) provides state-level Waqf Boards in India with supervision and guidance. The Ministry of Minority Affairs claims that it also provides management advice to waqf boards, state governments, and the federal government over their holdings.

Under section 9(4) of the Waqf Act 1954, it may also order them to provide the Council with information regarding the board’s performance, including financial results, surveys, revenue records, encroachment on Waqf properties, annual and audit reports, etc.

A new act that was passed in 1995 and revised in 2013 gave the Waqf Board extensive authority to declare a piece of land to be “Waqf Property.” Section 6 of the 1995 Act states that “the decision of the Tribunal in respect of such matter shall be final” in the event that there is a disagreement about whether a property qualifies as a waqf.

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In summary, the measure increases government regulation while limiting the authority of Waqf boards to oversee their estates. The bill suggests requiring all Waqf properties to register with the District Collector’s Office in order to assess the property.

Appeals can now be filed in the appropriate high courts in the event that one disagrees with the waqf board’s judgment.

At present, a property may still be regarded as waqf even if its original declaration is dubious or unclear. The clause was included because, prior to the standardization of documentation (waqfnama), the donation of a property as waqf under Islamic law was primarily done orally.

Since the bill aims to remove such clauses, a waqf property that lacks a legitimate waqfnama may be regarded as dubious or subject to dispute. Until the District Collector makes a final decision, the property cannot be used.

Additionally, the amendments grant the central government the authority to “direct the audit of any waqf at any time by any officer designated by the Central Government for that purpose, or by an auditor appointed by the Comptroller and Auditor-General of India.”

It also seeks to guarantee women’s representation on governmental boards and the Central Waqf Council.

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