The Waqf Board
- Parliament is scheduled to introduce the Waqf (Amendment) Bill, 2024 to amend the Waqf Act, 1995 with the objective of enhancing accountability and transparency in the working of the Waqf Board.
- It seeks to dilute the unchecked power of the Waqf Board by deleting certain provisions of the Waqf Act, 1995, which currently allows them to declare any property as Waqf without necessary scrutiny.
Key amendments in the Waqf Act (Amendment Bill) 2024:
Transparency:
- The Bill outlines about 40 amendments to the existing Waqf Act, wherein Waqf Boards will have to undergo mandatory verification for all property claims to ensure transparency.
Gender Diversity:
- Sections 9 and 14 of the Waqf Act, 1995 will be amended to revise the composition and functioning of the Waqf Board, including inclusion of women representatives.
Modified authentication procedures:
- New verification procedures will be introduced for Waqf properties to resolve disputes and prevent misuse and district magistrates will likely look after these properties.
Limited Powers:
- These amendments respond to concerns about the unchecked powers of Waqf Boards, which have led to widespread land being claimed by Waqfs, leading to disputes and claims of misuse.
- For example, in September 2022, the Tamil Nadu Waqf Board laid claim to the entire Thiruchendurai village, which is predominantly Hindu.
Criticism of the amendment to the Waqf Act, 1995:
Reduction in powers:
- It limits the powers of Waqf Boards, thereby affecting their ability to manage Waqf properties.
Concern for minority rights:
- Critics worry that this could harm the interests of Muslim communities who use these properties for religious and charitable purposes.
An increase in government control:
- Involvement and over-surveillance of district magistrates can lead to excessive bureaucratic interference.
Restrictions on religious freedom:
- The involvement of district magistrates and other government officials in the maintenance of Waqf properties can be seen as an encroachment on religious autonomy.
Possible conflicts:
- New verification processes such as the involvement of district magistrates can create more disputes and complications.
Waqf Act, 1955:
- The Waqf Act was first passed by the Parliament in the year 1954.
- It was later repealed, and a new Waqf Act was passed in the year 1995 which gave more powers to the Waqf Boards.
- In 2013, the Act was amended to give the Waqf Board wide powers to designate the property as’ Waqf Property ‘.
Waqf:
- It is the permanent dedication of movable or immovable properties for religious, sacred or charitable purposes recognized by Muslim law.
- It implies the donation of property, whether movable or immovable, tangible or intangible, by a Muslim to God on the basis that the transfer will benefit the needy.
- The income from the Waqf usually funds educational institutions, graveyards, mosques and shelter homes.
- Waqf in India is regulated by the Waqf Act, 1995.
Management of Waqf:
- A survey commissioner lists all the properties declared as Waqf by conducting a local inquiry, calling witnesses and seeking public documents.
- The Waqf is managed by a Mutawalli / Mutawalli, who acts as the supervisor.
- Unlike trusts established under the Indian Trusts Act, 1882, which can serve wider purposes and can be dissolved by the Board, the purposes of a Waqf are exclusively for religious and charitable uses and are considered permanent.
- Waqfs can be either public (which serve charitable purposes), or private (which benefit the direct descendants of the owner of the property).
- To form a Waqf, a person must be of sound mind and have legal ownership of the property. Interestingly, the founder of a Waqf, known as a Waqf, need not be a Muslim as long as they believe in Islamic principles.
Waqf Board:
- Waqf Board is a legal entity capable of acquiring, holding and transferring property. It is competent both to sue and to be sued in court.
- It manages the Waqf properties, gets back the lost properties and approves the transfer of immovable Waqf properties through sale, gift, mortgage loan or mortgage loan, exchange or lease, with at least two-thirds of the board members voting in favour of the transaction.
- The Central Waqf Council (CWC), established in 1964, oversees and advises state-level waqf boards across India.
Waqf properties:
- The Waqf Board is said to be the third largest landholder in India after the Railways and the Defence Department.
- At present, there are 8,72,292 registered Waqf properties spread over 8 lakh acres. These properties generate a revenue of Rs 200 crore.
- Once a property is declared a Waqf, it becomes non-transferable and is permanently protected as a charitable act towards God, which essentially transfers ownership to God.
Conclusion:
- The Waqf (Amendment) Bill, 2024 enhances the management and transparency of Waqf properties in India. By improving governance, accountability and use of property, it empowers Waqf Boards to ensure that benefits reach the targeted communities.
- The amendment aims to maintain the integrity of the Waqf while promoting social welfare and economic development, which will potentially promote greater trust and community engagement.
