On amendments to the Waqf Act

On amendments to the Waqf Act

Context

The introduction of the Waqf Amendment Bill in August 2023 by the Union government in the Lok Sabha has sparked significant discussions and debates across the country.

• The Bill aims to amend the Waqf Act of 1995 by making substantial changes to the existing legal framework governing waqf properties in India.
• The proposed amendments, under the new name “Unified Waqf Management, Empowerment, Efficiency, and Development Act, 2024,” seek to enhance the regulatory control of the Central government over waqf properties and introduce non-Muslim members into the Waqf Boards for the first time.
• While the government claims that these changes will improve the administration and management of waqf properties, opposition parties and stakeholders have raised concerns, arguing that the amendments may encroach upon the religious rights of the Muslim community and centralize power, reducing the autonomy of waqf institutions.

Relevance:
GS-02 (Government policies and intervention)

Dimensions of the Article:

• What is India’s ‘Waqf’ Law?
• The Role of the Waqf Board
• Implications of the Proposed Changes

1. What is India’s ‘Waqf’ Law?

• Definition of Waqf:
  • Waqf refers to property dedicated in the name of God for religious and charitable purposes in Islamic law.
  • These properties are used for public good, such as maintaining mosques, funding schools, or providing for the poor.
  • Once designated as waqf, the property cannot be sold, inherited, or transferred.
• Regulation in India:
  • Waqf properties in India are regulated under the Waqf Act of 1995.
  • The Act mandates the identification and registration of waqf properties through State government surveys.
  • A mutawalli (custodian) manages the waqf, and the properties are recorded by the State Waqf Board.

2. The Role of the Waqf Board

• Establishment and Composition:
  • Each State has a Waqf Board responsible for administering waqf properties.
  • The Boards consist of a chairperson, State government nominees, Muslim legislators, Islamic scholars, and mutawallis.
  • The Boards have the authority to manage waqf properties, recover lost assets, and approve property transfers.
• Central Waqf Council:
  • A national advisory body under the Ministry of Minority Affairs.
  • Ensures uniform administration of waqf properties across the country.
  • Advises the Union government on waqf-related issues and resolves inter-State disputes.

3. Key Changes in the Proposed Law

• Redefinition of Waqf:
  • Only lawful property owners who have practiced Islam for at least five years can create waqf properties.
  • The concept of ‘waqf by use’ is abolished.
• Fraud Prevention:
  • Government properties identified as waqf will not be recognized as waqf properties.
• Surveying and Registration:
  • Responsibility for surveying waqf properties shifts from survey commissioners to district collectors.
  • A centralized registration system is introduced for recording waqf properties.
• Inclusion of Non-Muslims:
  • Non-Muslims can now be members of the Central Waqf Council, State Waqf Boards, and waqf tribunals.
  • The tribunal structure is modified, and judicial oversight is increased.
• Audit and Accountability:
  • The Centre is empowered to audit waqf properties at any time.
  • Annual audits by Waqf Boards are mandated, with penalties for non-compliance.

4. Implications of the Proposed Changes

• Transparency and Efficiency:
  • Centralized registration and increased audits may improve transparency and management efficiency.
• Concerns Over Autonomy:
  • Inclusion of non-Muslims and centralization may reduce the autonomy of Muslim religious institutions.
• Judicial Oversight:
  • Allowing appeals to High Courts could increase litigation and delay dispute resolutions.
• Impact on Beneficiaries:
  • Provisions for vulnerable groups like widows, divorced women, and orphans need careful implementation to be effective.

Way Forward

• Address concerns about autonomy and religious rights while ensuring efficient and transparent management of waqf properties.
• Implement safeguards to protect the interests of the Muslim community and vulnerable beneficiaries.