Key Provisions of the Amendment Bill
One of the most notable changes in the bill is the introduction of the District Collector as the arbiter to decide whether a property is Waqf or government land. Under the current Waqf Act of 1995, such decisions are made by the Waqf Tribunal. This shift is intended to prevent the wrongful declaration of properties as Waqf, a concern that has been raised by various stakeholders over the years.
The Waqf, which comprises property or land donated by followers of Islam, is managed by members of the Muslim community. The Waqf Boards currently control approximately 8.7 lakh properties spanning 9.4 lakh acres across India, with an estimated value of ₹1.2 lakh crore. This makes the Waqf Boards the third-largest landowner in India. The last amendment to the Waqf Act was made in 2013.
Controversy and Criticism
The proposed bill has drawn sharp criticism from Muslim bodies and opposition parties, who argue that it is an attempt to create societal divides. The All India Muslim Personal Law Board has stated that any change in the Waqf Act that alters the nature of Waqf properties or makes it easier for the government or any individual to usurp them will not be acceptable. They fear that the amendments could lead to the wrongful appropriation of Waqf properties, which are meant to serve charitable and religious purposes within the Muslim community.
The bill, a copy of which was circulated among Lok Sabha members on Wednesday, proposes to rename the Act as the “Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995.” It also omits Section 40, which relates to the powers of the Board to decide if a property is Waqf property.
New Provisions and Safeguards
One of the critical provisions in the bill states that any government property identified or declared as Waqf property, before or after the commencement of this Act, shall not be deemed to be a Waqf property. If any question arises as to whether a property is government property, it shall be referred to the Collector having jurisdiction, who shall make such inquiry as he deems fit and determine whether the property is government property or not, and submit his report to the State Government.
The bill also stipulates that no person shall create a Waqf unless he is the lawful owner of the property and competent to transfer or dedicate such property. Additionally, the creation of a Waqf-alal-aulad (Waqf deed) must not result in the denial of the inheritance rights of heirs. Another proposed amendment is that no Waqf can be created without the execution of a Waqf deed. In Islamic law, a Waqf dedication may be made either in writing or orally, but the new bill seeks to formalize this process to prevent disputes and ensure transparency.
Government’s Rationale
Union Minister Kiren Rijiju, in his statement of objects and reasons for the amendment bill, said that although the Waqf Act, 1995, was enacted to provide for the better administration of Auqaf, it has not proved effective in this regard. The government argues that the proposed amendments are necessary to enhance the efficiency and transparency of Waqf property management and to protect these properties from wrongful claims and mismanagement.
Implications and Future Outlook
The proposed amendments to the Waqf Act, 1995, are likely to have far-reaching implications for the management of Waqf properties in India. By including non-Muslim members and Muslim women on the Waqf Board, the government aims to ensure a more inclusive and representative management structure. However, the move has also sparked fears of increased government control and potential misuse of Waqf properties.
As the bill is set to be debated in Parliament, it is expected to face strong opposition from various quarters. The outcome of this legislative process will be closely watched, as it will determine the future framework for the administration of Waqf properties in India.
In conclusion, the proposed amendment to the Waqf Act, 1995, represents a significant shift in the governance of Waqf properties. While the government argues that these changes are necessary for better management and protection of these properties, critics fear that it could lead to increased government interference and potential misuse. The debate over this bill is likely to be intense, reflecting the broader societal and political implications of these proposed changes.
The proposed amendment to the Waqf Act, 1995, could have several significant impacts on religious institutions, particularly those managing Waqf properties. Here are some potential effects:
1. Increased Oversight and Regulation
The introduction of the District Collector as the arbiter for determining whether a property is Waqf or government land could lead to increased oversight and regulation. This might help prevent the wrongful declaration of properties as Waqf, ensuring that only legitimate Waqf properties are managed by the Waqf Boards.
2. Diversified Representation
The inclusion of two Muslim women and two non-Muslim members on the Waqf Board aims to diversify its composition. This could lead to more inclusive decision-making processes and ensure that a broader range of perspectives is considered in the management of Waqf properties.
3. Formalization of Waqf Deeds
The requirement that no Waqf can be created without the execution of a Waqf deed formalizes the process of creating Waqf properties. This could reduce disputes and enhance transparency, ensuring that all Waqf properties are properly documented and managed according to legal standards.
4. Protection of Government Properties
By stating that any government property identified or declared as Waqf property shall not be deemed as such, the amendment aims to protect government properties from being wrongfully claimed as Waqf. This could prevent potential misuse and ensure that government properties are used for their intended purposes.
5. Potential for Increased Government Control
Critics argue that the amendments could lead to increased government control over Waqf properties. The shift in decision-making authority from the Waqf Tribunal to the District Collector might be seen as a move to centralize control, which could impact the autonomy of religious institutions managing Waqf properties.
6. Impact on Charitable and Religious Activities
Waqf properties are often used for charitable and religious activities within the Muslim community. Any changes in the management and administration of these properties could impact these activities. The amendments aim to ensure that Waqf properties are used for their intended purposes, but there are concerns that increased regulation might affect the flexibility and autonomy of religious institutions.
7. Legal and Administrative Challenges
The proposed changes might lead to legal and administrative challenges as religious institutions adapt to the new regulations. Ensuring compliance with the new requirements, such as the formalization of Waqf deeds, might require additional resources and administrative efforts.
