The Waqf (Amendment) Bill, 2024, has ignited intense debate across political circles, prompting several parties to issue whips to their Members of Parliament (MPs) to ensure their presence in the Lok Sabha on Wednesday.
The proposed legislation seeks to introduce significant reforms to the existing Waqf Act, 1995, with the stated objective of improving the regulation and management of Waqf properties in India.
The Bill aims to address longstanding concerns regarding the administration of Waqf properties. According to the Ministry of Minority Affairs, the proposed amendments are designed to rectify deficiencies in the current Act, enhance the efficiency of Waqf boards, and integrate modern technological solutions for better record-keeping.
A key provision of the Bill includes renaming the Waqf Act, 1995, to the Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995. Additionally, the amendments redefine Waqf, streamline the registration process for properties, and introduce measures to increase transparency in management.
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In Islamic law, Waqf refers to properties permanently dedicated for religious or charitable purposes, and these assets cannot be sold or repurposed for any other use. India possesses the world’s largest Waqf holdings, with approximately 8.7 lakh Waqf properties spread across 9.4 lakh acres.
This makes Waqf boards the third-largest landowners in the country, following the Armed Forces and the Indian Railways. Despite the vastness of these holdings, the administration of Waqf properties has been plagued by various challenges, including allegations of mismanagement, lack of diversity in board composition, concerns over irrevocability, insufficient judicial oversight, and misuse of provisions.
The new amendment seeks to address these issues through a series of comprehensive reforms. The Bill proposes several key changes, starting with renaming the existing Waqf Act to reflect its broader scope and intended improvements.
Another crucial amendment involves ensuring greater inclusivity by allowing Muslim women and non-Muslims to become members of Waqf boards, thereby promoting broader participation and increasing transparency.
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The legislation also includes provisions that remove Waqf status from any government property that was previously designated as such, preventing state-owned assets from being classified under Waqf control.
Additionally, the Bill seeks to limit the authority of Waqf boards by revoking their power to unilaterally determine whether a property qualifies as Waqf. Instead, this responsibility would be assigned to an alternative authority.
The proposed law further enhances government oversight by granting the Central Government the authority to regulate the registration process of Waqf properties, ensure the publication of financial accounts, and supervise board proceedings.
To promote financial transparency, the Bill includes a provision empowering the government to mandate audits of Waqf properties by the Comptroller and Auditor General (CAG) or other designated officials.
The Waqf (Amendment) Bill, 2024, has faced staunch opposition from various political parties, with critics arguing that the legislation is unconstitutional and discriminatory.
Several senior Opposition leaders, including Congress’s Rahul Gandhi and Mallikarjun Kharge, NCP’s Supriya Sule, and AAP’s Sanjay Singh, convened a meeting on Tuesday to strategise their response to the Bill in Parliament.
Congress leader Khaleequr Rahman voiced concerns that the Joint Parliamentary Committee (JPC) tasked with reviewing the legislation had dismissed crucial recommendations from Opposition members. He accused the government of pushing the Bill forward without adequate discussion.
"The entire process is being carried out in an unconstitutional manner. The recommendations submitted by most Opposition members in the JPC have been ignored," Rahman stated, emphasising the growing resistance to the Bill within parliamentary and political circles.
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