Comprehensive Overview of Waqf and Its Legislative Changes

Understanding Waqf and the Waqf Act, 1995

Waqf is defined as the permanent dedication of movable or immovable property by a Muslim for religious, pious, or charitable purposes. The Waqf Act, 1995 governs the administration and management of these Waqf properties in India. This act empowers Waqf Boards to oversee the management of these assets and resolve any disputes through designated Waqf Tribunals.

Main Provisions of the Waqf (Amendment) Bill 2024

The Waqf (Amendment) Bill 2024 introduces several significant changes to the 1995 Act. Key provisions include:

• Strengthening state control: The Bill aims to enhance government oversight of Waqf Boards.
• Government authority: It enables government officials to determine the status of properties as Waqf.
• Board composition changes: New regulations mandate the inclusion of non-Muslim members.
• Survey authorisation: District Collectors are authorised to conduct surveys of Waqf properties.
• Property reclaim limitations: The Bill imposes restrictions on reclaiming wrongly declared Waqf properties.

Reasons for Introducing the Amendment Bill Now

The government has stated that the purpose of the Bill is to enhance efficiency, reduce misuse of Waqf laws, and prevent illegal encroachments. Officials believe it addresses long-standing issues such as property ownership disputes, limited oversight, and the lack of judicial review of tribunal decisions.

Criticisms Against the Bill

Several criticisms have been raised regarding the Bill:

• Dilution of autonomy: Critics argue that increased government control threatens the independence of Waqf Boards.
• Property rights concerns: Opponents oppose the declaration of properties as Waqf without adequate notice or legal redress.
• Representation issues: The inclusion of non-Muslim members on Waqf Boards is viewed by some as an intrusion into religious matters.
• Power of officials: Allowing administrative officers to classify properties as Waqf raises fears of arbitrary decisions.
• Time limitation clause: Critics argue that restricting property recovery to a 12-year period favors encroachers.

Government's Defence of the Bill

The government defends the amendments by stating that they aim to improve governance and ensure transparency. They present the inclusion of non-Muslim members as a move towards inclusive representation. Furthermore, they assert that changes regarding property declaration and limitation periods are intended to prevent legal exploitation and enhance land management.

Current Status of the Bill

Initially introduced in 2023, the Bill was referred to a Joint Committee of Parliament for review. After considering various amendments, it returned to Parliament in 2024. Despite dissent notes from opposition members, the government has proceeded with the revised draft.

Stakeholders Involved

Key stakeholders in this matter include:

• Government of India: The proposer and executor of the Bill.
• State Waqf Boards: Administrative bodies directly affected by the Bill.
• Muslim community organisations: Groups such as AIMIM have expressed strong opposition.
• Civil society and legal experts: They express concerns regarding rights, due process, and religious independence.
• Opposition MPs: They have raised critical issues related to governance, property rights, and representation.

Frequently Asked Questions (FAQs)

Q1. What does the Waqf Act, 1995 regulate?
Answer: The Waqf Act, 1995 regulates the administration and governance of Waqf properties in India, empowering Waqf Boards to manage these properties and resolve disputes.

Q2. What are the main aims of the Waqf (Amendment) Bill 2024?
Answer: The Bill aims to enhance state control over Waqf Boards, streamline property management, and address issues of governance, efficiency, and legal misuse.

Q3. Why do some oppose the inclusion of non-Muslim members in Waqf Boards?
Answer: Critics argue that including non-Muslim members in Waqf Boards interferes with religious autonomy and decision-making specific to the Muslim community.

Q4. How does the Bill propose to reduce illegal encroachments?
Answer: The Bill introduces provisions for better oversight and authorizes surveys to identify and manage Waqf properties, aiming to prevent illegal encroachments.

Q5. What is the significance of the time limitation clause in the Bill?
Answer: The time limitation clause restricts the recovery of Waqf properties to a 12-year period, which critics believe may benefit encroachers and undermine property rights.

UPSC Practice MCQs

Question 1: What does the Waqf Act, 1995 primarily govern?
A) Property tax regulations
B) Administration of Waqf properties
C) Religious practices
D) Government land acquisition
Correct Answer: B