The Centre is set to introduce a Bill in Parliament to amend the 1995 Waqf Act, aiming to enhance accountability and transparency in the functioning of Waqf boards, and ensure the mandatory inclusion of women. The initiative responds to demands from within the Muslim community, according to several media outlets.
The Bill, recently reviewed by the Cabinet, seeks to revoke several clauses of the existing Waqf Act. These repeals are primarily intended to curtail the Waqf Boards’ arbitrary authority, which currently allows them to claim any property as Waqf without mandatory verification.
Key amendments proposed
The Bill outlines around 40 amendments to the current Waqf Act. One significant change is the requirement for Waqf Boards to undergo mandatory verification for all property claims, ensuring transparency. It also proposes revisions to Sections 9 and 14, altering the composition and functioning of the Waqf Boards to include representation for women.
Additionally, properties claimed by Waqf Boards will undergo new verification processes to settle disputes and prevent misuse. District magistrates may be involved in the oversight of Waqf properties.
Background and impetus for change
The Economic Times reports that the legislation is prompted by widespread concerns over the Waqf Boards’ arbitrary powers. These powers have led to extensive land being designated as Waqf properties, often resulting in disputes and claims of misuse. For instance, in September 2022, the Tamil Nadu Waqf Board claimed ownership of the entire Thiruchendurai village, which is predominantly Hindu.
About the 1995 Waqf Act
The Waqf Act of 1995 regulates ‘auqaf’ (assets dedicated and notified as Waqf) by a wakif, the person who dedicates property for purposes recognised by Muslim law as pious, religious, or charitable. Amendments in 2013 under the UPA government granted Waqf Boards broader powers, which have since been contentious.
Implications and expectations
The Bill is expected to be introduced in Parliament soon. If enacted, it will significantly alter the governance and regulation of Waqf properties in India, aligning with practices in other Islamic nations where such extensive powers are not vested in a single entity.
Several representations from Muslim intellectuals, women, and sects such as Shia and Bohras highlighted the need for changes in the existing law. Citing sources, The Economic Times reports that preparations for these amendments began well before the 2024 Lok Sabha elections. A preliminary review of laws in Islamic nations like Oman and Saudi Arabia showed that these countries do not grant such sweeping powers to a single entity.
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