Explained: What is the Waqf (Amendment) Bill, 2024?

The Union government’s proposed amendment to the Waqf Boards Act 1995 has sparked a political slugfest.

Opposition parties allege that the proposals aim to deprive the Muslim community of their land, assets and the “freedom to manage religious affairs” guaranteed under Article 26 of the Indian Constitution. The ruling NDA has in turn argued that the demand to regulate Waqf boards comes from the Muslim community itself.

So, what is a waqf property and what are the proposed amendments?

What is a Waqf property?

It refers to a moveable or immovable property dedicated in the name of God for charitable purposes by a deed or an instrument. The practice has been in existence even before the practice of documentation began. Hence, properties, which have been in use for a long time can also be considered, as Waqf properties.

A Waqf property can either be for public charitable purposes or held private to benefit an individual’s descendants. A Waqf property is non-transferable and held perpetually in the name of God. The proceeds from a Waqf typically fund educational institutions, graveyards, mosques, and shelter homes benefitting a large number of Muslims.

What is a Waqf board?

A Waqf board is a legal entity with nominated members to manage waqf properties. The board appoints a custodian to each property to ensure its proceeds are used for intended purposes.

Central Waqf Council (CWC), established in 1964, oversees and advises state-level Waqf Boards across India. According to the Ministry of Minority Affairs, it also advises the central government, state government and waqf boards on the management of their properties.

It can also direct them to furnish information to the Council on the performance of the board particularly on their financial performance, survey, revenue records, encroachment of Waqf properties, Annual and Audit reports etc under section 9 (4) of the Waqf Act 1954.

A new act was passed in 1995 and was amended in 2013 to give far-reaching powers to the Waqf Board to designate a property as ‘Waqf Property’. In case of dispute whether a property can be considered a waqf, Section 6 of the 1995 Act reads “the decision of the Tribunal in respect of such matter shall be final.”

What are the proposed amendments in Waqf (Amendment) Bill, 2024?

In short, the bill aims to restrict the power of Waqf boards to manage its properties and provides for more government regulation.

The bill proposes to make registration with the District Collector’s Office mandatory for any Waqf property, so that the property can be evaluated.

It also 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.” The district collector will be the arbiter to decide whether a property is waqf property or government land and the decision shall be final.

Once decided, the collector can make necessary changes to the revenue record and submit a report to the state government. The bill also states that such property shall not be treated as waqf property till the collector submits his report to the state govt.

In case of dispute with the decision of the waqf board, appeals can now be made in the respective high courts.

Currently, a property can be considered as a waqf, even if its original declaration is suspect or disputed. The provision was provided as under Islamic law, the dedication of a property as waqf was largely oral, until documentation (waqfnama) became the standard norm.

The bill seeks to omit such provisions, thus a waqf property can be considered suspect or disputed in the absence of a valid waqfnama. The property can no longer be used till the final decision is made by the District Collector.

Amendments also give the Central government the power to “direct the audit of any waqf at any time by an auditor appointed by the Comptroller and Auditor-General of India, or by any officer designated by the Central Government for that purpose”.

It also aims to ensure women’s representation on the Central Waqf Council and state boards.