The central government’s move to introduce amendments to the Waqf Act, 1995, has ignited a major debate across political and religious lines. The bill, which has been reviewed by the Cabinet, aims to revise several key provisions of the existing law to regulate Waqf properties more efficiently and address long-standing concerns over unchecked authority.
Government’s Justification For The Bill
The government argues that these amendments are necessary due to increasing demands from within the Muslim community itself.
The key objective of the bill is to revoke certain provisions of the existing Waqf Act, which currently allows Waqf Boards to claim properties without verification.
The amendments would empower state governments with more control over dispute resolution concerning Waqf properties.
If passed, the new legislation would prevent the Waqf Board from asserting ownership over any property without proper donation documentation.
State collectors will conduct surveys and determine the status of disputed properties, adding an extra layer of oversight.
Key Changes In The Proposed Bill
Property Dispute Resolution: Previously, Waqf Tribunal decisions were considered final.
Under the new bill, affected parties will have the right to appeal such decisions in the High Court.
- Increased Representation: The bill proposes adding non-Muslim members and women to the Waqf Board, addressing concerns over transparency and inclusivity.
- Regulation of Property Claims: Waqf Boards will no longer have the right to claim property without a documented donation.
- State Government Oversight: The bill gives state governments increased power to audit and regulate Waqf properties to prevent misuse.
Opposition & Muslim Organizations’ Concerns
While the government insists that the bill will streamline Waqf property management, opposition parties and Muslim organizations view it as an infringement on religious rights.
The All India Muslim Personal Law Board (AIMPLB) has called upon opposition parties and NDA allies to resist the bill, arguing that it is discriminatory and unconstitutional.
The AIMPLB claims that the bill violates fundamental rights under Articles 14, 25, and 26 of the Constitution, which guarantee religious freedom and equality.
Critics also argue that the amendments could weaken Waqf institutions and open the door for increased government intervention in religious affairs.
Historical Context & Legal Challenges
The Waqf system has been a significant aspect of religious and community welfare in India for centuries.
Parliament passed the first Waqf Act in 1954 and later replaced it with the 1995 Act, granting substantial powers to Waqf Boards.
Subsequent amendments, including one in 2023, further strengthened the protection of Waqf properties.
According to official data, Waqf Boards collectively manage 8.7 lakh properties across India, covering approximately 9.4 lakh acres of land valued at over Rs 1.2 lakh crore.
This makes Waqf the third-largest landholder in India, after the Railways and the Defense Department.
The Supreme Court’s hearing on the Waqf Bill will be crucial in determining its constitutional validity and impact.
If Parliament passes the bill, it will redefine property rights for Waqf institutions while potentially limiting their autonomy.
As the debate continues, the challenge will be balancing religious freedom with the need for regulatory oversight in managing these vast properties effectively.
As political opposition and legal scrutiny grow, the government will face a test in implementing these changes without alienating significant sections of the community.
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