The Waqf (Amendment) Bill, 2024, the first major legislation introduced by the Modi 3.0 government, has stirred controversy among Muslim organizations and opposition parties. The bill aims to streamline the registration of waqf properties through a central portal, but its implications have raised concerns about potential overreach and encroachment on religious autonomy.
What is Waqf?
Waqf refers to any property dedicated solely for religious or charitable purposes under Islamic law. Once a property is declared waqf, it becomes irrevocable. The amendments to the bill aim to tackle issues related to waqf property management.
Around 30 waqf boards in the country control properties spread over 9 lakh acres, with an estimated value of Rs 1.2 lakh crore, making them the third-largest owner of land in India after the Railways and Defence Ministry.
The Waqf Act, 1995 and Its Amendments
The Waqf Act, 1995 currently governs the administration of waqf properties. The Act defines that waqf properties cannot be sold or used for any other purpose, and once a property is designated as waqf, it remains so permanently under Sharia law.
The key changes made to the Waqf Act in 2013 under the UPA government included granting broader powers to Waqf Boards, stating that the decision of the Tribunal is final in case of disputes regarding a property's status as Waqf, and allowing properties to be considered Waqf based on oral declarations, even if the original waqfnama (deed) was dubious or unclear.
Alleged Misuse and Disputes
Section 40 of the Waqf Act, 1995 gives the board the power to decide if a property is waqf property. Over 40,000 such cases are pending in tribunals related to alleged misuse of Waqf. Recently, a Tamil Nadu farmer was shocked to learn that his entire village was Waqf property. The proposed amendments mandate verification of Waqf property claims to resolve such disputes.
Key Features of the Waqf (Amendment) Bill 2024
The bill proposes the formation of a Central Waqf Council and state Waqf Boards with significant representation of Muslim women and non-Muslims. It aims to make the District Collector the arbiter on whether a property is waqf property or government land and give the Centre the power to direct the audit of any waqf by an auditor appointed by the government.
The bill mandates the requirement of a valid document through which a person expresses an intention to donate a property, which means a proper verification of land before it is deemed as a waqf property by the board. The existing law allows a person to give a property as waqf through an oral agreement.
Opposition's Concerns
Opposition MPs have declared the 44 proposed changes a "grave attack on the Constitution" and a "draconian attack on the freedom of religion and the federal system". They object to alterations in the Waqf laws, including the make-up of central and state boards and the councils' ability to earmark land for various purposes.
The Waqf (Amendment) Bill, 2024 aims to reform the management of waqf properties, but its implementation will require careful balancing of religious autonomy, transparency, and the rights of all stakeholders. As the debate continues, it remains to be seen whether the bill will lead to more efficient management of waqf properties or further divide the nation along religious lines.
Comments