Waqf Act Amendment Bill 2024: Reforms and Controversies

Overview of Waqf and Proposed Changes

• Waqf: Charitable donation in Islamic law, usually involving property for religious or charitable purposes
• Waqf Boards: Manage Waqf properties in India, created under the Waqf Act of 1995
• New Bill: Waqf (Amendment) Bill, 2024, to be introduced in Lok Sabha on August 8, 2024

Key Proposals:

• • Inclusion of two Muslim women and two non-Muslim members in Waqf Boards
  • Prevention of wrongful declaration of property as 'Waqf'
  • Mandatory registration of Waqf properties with District Collector's Office
  • Empowering District Collectors to resolve disputes between Waqf Boards and government
  • Establishment of separate Board of Auqaf for Bohras and Aghakhanis

Aims and Objectives of the Amendment

• Improve accountability and transparency in Waqf board functioning
• Promote inclusion of women in Waqf administration
• Streamline registration of Waqfs through a central portal and database
• Restrict power of Waqf boards to manage properties
• Provide more government regulation
• Ensure representation of various Muslim communities (Shias, Sunnis, Bohras, Agakhanis, and other backward classes)
• Address demands from within the Muslim community for reforms

Key Changes and Their Implications

District Collector's Role:

• • Mandatory registration of Waqf properties with District Collector's Office
  • Authority to decide whether a property is Waqf or government land
  • Power to make changes in revenue records and submit reports to state government

Dispute Resolution:

• • Appeals against Waqf board decisions can be made in respective High Courts
  • District Collectors to settle disputes between Waqf Boards and government

Property Classification:

• • Omission of provisions allowing properties to be considered Waqf without valid documentation
  • Government properties declared as Waqf will not be deemed Waqf properties

Central Government Powers:

• • Authority to direct audits of any Waqf by Comptroller and Auditor-General of India or designated officers

Controversies and Opposition

Criticism from Muslim leaders:

• • AIMIM Chief Asaduddin Owaisi warns of "administrative chaos"
  • Concerns about loss of autonomy for Waqf Boards
  • Fears of increased government control affecting Waqf independence

Opposition from Muslim organizations:

• • All India Muslim Personal Law Board (AIMPLB) strongly opposes proposed changes
  • Belief that changes would reduce Waqf boards' autonomy and legal status

Political Dynamics:

• • Waqf Boards are influential within the Muslim community
  • Various political parties, especially those supporting secularism, oppose reforms
  • Comparisons drawn to past issues like the Triple Talaq Bill