Waqf Board Amendment Bill 2024

August 9, 2024

The Union government’s proposed changes to the Waqf Boards Act of 1995 have caused a big political argument in India. Opposition parties are worried that these changes could harm the rights of the Muslim community to manage their lands and religious affairs. They believe that the amendments could take away some of the community’s control. However, the ruling National Democratic Alliance (NDA) argues that these changes are necessary to bring about reforms from within the Muslim community itself.

Understanding Waqf Properties

Waqf property includes various assets, such as land and buildings, that are dedicated to charitable purposes in the name of God. These properties are meant to be used for the public good, supporting things like schools, graveyards, mosques, and shelters. Once something is declared as Waqf, it cannot be sold or transferred and must be kept for the community forever.

Role of Waqf Boards

Waqf boards are legal bodies that manage these Waqf properties. They have members who are nominated, and these members appoint custodians to make sure the Waqf properties are used properly. The Central Waqf Council (CWC) supervises the Waqf boards at the state level, guiding them on how to manage these properties and ensuring they follow the rules set by the Waqf Act of 1954.

Proposed Changes in the Waqf (Amendment) Bill, 2024

The proposed Waqf (Amendment) Bill, 2024, aims to increase government control over how Waqf boards manage these properties. Here are some of the key changes being proposed:

Mandatory Registration: Waqf properties must be registered with the District Collector’s Office for evaluation.
Government Properties Exclusion: Any government property that was once classified as Waqf, before or after the Act, will no longer be considered Waqf property.
District Collector Authority: The District Collector will have the final say on whether a property is Waqf or government land, and they will update the records accordingly.
Dispute Resolution: If there’s a disagreement with the Waqf board’s decisions, people can now appeal to the high courts.
Oral Declarations: Properties can no longer be declared as Waqf based only on someone’s spoken words; written proof will be required.
Validity of Waqf Properties: If a property doesn’t have a valid written Waqf deed (waqfnama), it will be considered disputed and not used until the District Collector makes a decision.
Central Government Audits: The central government will have the power to audit Waqf properties through appointed auditors.
Women’s Representation: The amendments also aim to increase women’s representation on the Central Waqf Council and state boards.

These proposed changes have sparked both criticism and support, showing that there are different opinions on how Waqf properties should be governed and the rights of the Muslim community in India.

What is Waqf Boards Act?

The Waqf Boards Act was first established in 1954 to regulate how Waqf properties are managed. It ensures that state Waqf boards are set up to manage these properties properly for charitable purposes. The Act aims to protect the rights of those who benefit from Waqf properties and to make sure there is accountability. It requires Waqf properties to be registered and detailed records to be kept. However, not many people are aware of this Act, and there are challenges in enforcing it properly.

What is Central Waqf Council?

The Central Waqf Council, set up in 1964, oversees the management of Waqf properties across India. It works under the Ministry of Minority Affairs and ensures that the Waqf laws are followed. The council advises state Waqf boards, offers legal help, promotes awareness about Waqf properties, and works to preserve them. It also helps resolve disputes and allocates financial grants to support the development of Waqf properties, ultimately benefiting the Muslim community and contributing to their socio-economic growth.

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