The Union government’s proposed changes to the Waqf Boards Act of 1995 have ignited a political debate. Opposition parties claim that the amendments are designed to strip the Muslim community of their land, assets, and the “freedom to manage religious affairs” guaranteed under Article 26 of the Indian Constitution. In response, the ruling NDA argues that the need for regulating Waqf boards comes from within the Muslim community itself.
To understand the controversy, here is an overview of Waqf properties and the proposed amendments.
What is Waqf Property?
Waqf property refers to assets, either movable or immovable, dedicated for charitable purposes in the name of God through a deed or similar instrument. This practice dates back to before formal documentation. Thus, properties used for a long time can also be considered Waqf properties. These assets can be designated for public charitable purposes or for private benefit to an individual’s descendants. Waqf properties are non-transferable and held perpetually in the name of God, with proceeds typically funding educational institutions, graveyards, mosques and shelters, benefiting many Muslims.
What is a Waqf Board?
A Waqf board is a legal entity responsible for managing Waqf properties, with nominated members overseeing the appointment of custodians to ensure the proceeds are used as intended. The Central Waqf Council (CWC), established in 1964, supervises and advises state-level Waqf Boards across India. It also provides guidance to the central and state governments, and Waqf boards on property management. Under Section 9(4) of the Waqf Act 1954, it can require boards to provide information on their performance, including financial records and reports.
The 1995 Act, amended in 2013, granted significant powers to Waqf Boards, including the authority to designate a property as Waqf. In disputes regarding a property’s status as Waqf, Section 6 of the 1995 Act states that the Tribunal’s decision is final.
What Are the Proposed Amendments in the Waqf (Amendment) Bill, 2024?
The Waqf (Amendment) Bill, 2024, aims to limit Waqf boards’ authority over property management and increase government oversight. Key changes include:
- Mandatory registration of Waqf properties with the District Collector’s Office for evaluation.
- Government properties identified as Waqf properties before or after the Act’s commencement will not be considered Waqf properties. The District Collector will decide whether a property is Waqf or government land, with their decision being final. The collector will update revenue records and report to the state government. Waqf properties will not be recognized as such until the collector’s report is submitted.
- Disputes with Waqf board decisions can now be appealed to high courts.
- The bill removes provisions allowing a property to be considered Waqf based on oral declarations. Properties without a valid waqfnama will be treated as suspect or disputed and will remain inactive until the District Collector makes a final decision.
- The Central government will have the authority to order audits of Waqf properties by auditors appointed by the Comptroller and Auditor-General of India or designated officers.
- The amendments also seek to ensure women’s representation on the Central Waqf Council and state boards.
(With inputs from ANI)