The Union government announced on Tuesday that it will introduce the Waqf (Amendment) Bill in the Lok Sabha on April 2, following the Question Hour.
This bill will then undergo a detailed and comprehensive discussion, expected to last up to eight hours.
Here’s an overview of the bill, its objectives, and the controversy surrounding it.
Background Of The Waqf Amendment Bill 2024
The government introduced the Waqf (Amendment) Bill, 2024, alongside the Mussalman Waqf (Repeal) Bill, 2024, in the Lok Sabha on August 8, 2024.
The aim of these bills is to streamline the functioning of the Waqf Board and enhance the efficient management of Waqf properties across the nation.
The Waqf (Amendment) Bill seeks to amend the Waqf Act, 1995, by addressing the current challenges in managing and regulating Waqf properties.
The objective is to improve the administration and oversight of these properties by introducing updates to the law, including the role of technology in Waqf record-keeping.
Key Provisions Of The Waqf Amendment Bill
The proposed amendments aim to address several issues related to Waqf property management, such as:
- Overcoming Shortcomings: The Bill aims to resolve the inefficiencies present in the original Waqf Act, 1995, by modernizing the legal framework, improving registration processes, and increasing technological involvement in managing Waqf properties.
- Improved Governance: The Bill outlines measures for a more transparent, efficient, and accountable system of managing Waqf properties, which includes the introduction of a new title for the Act, renamed as the ‘Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995’.
Administrative Bodies Involved In Waqf Management
The Central Government governs the administration of Waqf properties under the Waqf Act, 1995. The key administrative bodies are:
- Central Waqf Council (CWC): Advises the government and state boards but does not have direct control over Waqf properties.
- State Waqf Boards (SWBs): Oversee Waqf properties at the state level.
- Waqf Tribunals: Handle disputes related to Waqf properties.
These bodies have played an important role in improving Waqf administration, but challenges remain, including legal disputes and mismanagement of properties.
Issues Surrounding The Waqf Act
The Waqf Act has faced several criticisms, including:
- Irrevocability of Waqf Properties: The principle that ‘once a Waqf, always a Waqf’ has led to disputes, especially over the ownership of islands and lands.
- Legal Disputes and Mismanagement: Poor management, delays in property registration, and legal disputes over property ownership have plagued Waqf administration.
- No Judicial Oversight: Decisions by Waqf Tribunals cannot be challenged in higher courts, raising concerns about accountability.
- Incomplete Survey of Properties: Many states have yet to conduct proper surveys of Waqf properties, which has delayed their registration.
Stakeholder Consultation And Bill Introduction Process
Before introducing the Waqf Amendment Bill, the Ministry of Minority Affairs consulted various stakeholders, including public representatives, media, and members of the Waqf community.
Also Read: Waqf Bill Sparks Political Storm In Parliament; Kiren Rijiju Leads The Debate
The Ministry held several meetings to address concerns such as the misuse of Waqf laws and the underutilization of Waqf properties.
Key Reforms Introduced By The Waqf Amendment Bill 2024
The Waqf Amendment Bill proposes several key reforms aimed at improving the management of Waqf properties:
- Unified Waqf Management: This will ensure that Waqf property managers handle them more efficiently and transparently.
- Empowerment of Waqf Councils and Boards: The Bill proposes expanding the roles of the Central Waqf Council and State Waqf Boards to include a more diverse set of representatives, including non-Muslims and women.
- The government will set up a digital portal to automate the registration, survey, mutation, and auditing of Waqf properties, making the entire process more efficient and transparent.
- Reforms in Waqf Tribunals: The Bill introduces a more structured process for tribunal hearings, including the possibility of appealing tribunal decisions in higher courts.
Controversy Surrounding The Bill
While the Bill is seen as a step toward improving Waqf property management, it has generated significant controversy.
One of the key issues is the Bill’s potential to impact non-Muslim properties.
Some non-Muslim groups have raised concerns over the misuse of Waqf laws, especially the declaration of non-Muslim properties as Waqf.
The Joint Parliamentary Committee that reviewed the Bill conducted study visits across multiple cities and held consultations with stakeholders, including representatives from the Sunni Waqf Board and other Muslim organizations, to ensure that the new legislation addresses these concerns.
Impact On The Poor And Social Welfare
One of the key objectives of the Waqf Amendment Bill is to enhance the socio-economic benefits derived from Waqf properties, especially for the underprivileged.
The Bill is expected to improve the management of Waqf assets and generate more revenue for welfare programs.
These programs include healthcare, education, and livelihood support, which will directly benefit the economically weaker sections of society.
Conclusion
The Waqf (Amendment) Bill 2024 represents a significant shift in how Waqf properties are managed in India.
By addressing long-standing issues such as mismanagement, legal disputes, and the misuse of Waqf laws, the Bill aims to create a more efficient, transparent, and accountable system for the administration of Waqf properties.
While the Bill promises improvements, it will be critical to monitor its implementation to ensure that it benefits all stakeholders, including the poor and marginalized communities.
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