Syllabus: GS2/Governance
Context
- Recently, the Union Cabinet, led by the Prime Minister of India, has approved the revised Waqf Bill with key changes recommended by the Joint Parliamentary Committee (JPC).
Background
- The Waqf Act, 1995, governs the administration of Waqf properties, which are charitable endowments made by Muslims for religious, educational, or charitable purposes.
- The Waqf (Amendment) Bill, 2024, was introduced to address challenges in regulating and managing these properties and to enhance the efficiency of Waqf boards.
Key Amendments in the Waqf (Amendment) Bill, 2024
- Regulation of Waqf Properties: Strengthens the legal framework to better manage and regulate waqf properties.
- Aims to curb illegal encroachments and misuse of waqf lands.
- Administrative Changes: Bill provides the functions of the Survey Commissioner to the Collector or any other officer not below the rank of Deputy Collector duly nominated by the Collector for the survey of waqf properties.
- Government Oversight: Strengthens the role of the central and state governments in monitoring waqf boards.
- May introduce provisions to address administrative inefficiencies.
- Transparency and Accountability: Enhances the role of waqf boards to ensure better record-keeping.
- Could mandate digital records for waqf properties to prevent corruption and mismanagement.
Key Changes Proposed by JPC
- Inclusion of Women and OBC Members: The bill mandates the inclusion of two Muslim women as members in both the State Waqf Boards (Section 14) and the Central Waqf Council (Section 9) to ensure women’s empowerment and participation in Waqf management.
- Additionally, one member from the Muslim OBC community will be included in the State Waqf Boards.
- Separate Waqf Boards for Specific Communities: The state government may establish separate Waqf Boards for the Aghakhani and Bohra communities to address their specific needs and concerns.
- Protection of Women’s Inheritance Rights: In family Waqfs (Waqf Alal Aulad), women’s inheritance rights will be safeguarded.
- A waqif (donor) can dedicate property only after ensuring that female heirs receive their rightful share.
- Dispute Resolution: The bill authorizes district collectors to settle disputes on whether a property is Waqf or belongs to the government. It aims to streamline the dispute resolution process and reduce delays.
- Use of Technology: The bill emphasizes the use of technology in managing Waqf records. All Waqf property details must be uploaded onto a central portal within six months to ensure transparency and accountability.
| Joint Parliamentary Committee (JPC) – It is set up by the Parliament for a special purpose, like for the detailed scrutiny of a subject or Bill. – It has members from both the Houses and from both the ruling parties and the opposition. – It is dissolved after its term ends or its task has been completed. |
Potential Concerns Related to the Waqf (Amendment) Bill, 2024
- State vs. Central Authority Over Waqf Properties: Concerns may arise about centralization and reduced autonomy of state waqf boards.
- Legal and Constitutional Challenges: If the amendment contradicts existing property laws or religious rights, it could face judicial review and legal battles.
- There may be concerns about fair compensation for landowners affected by waqf claims.
- Concerns from Minority Communities: The waqf system is an essential part of Muslim endowments in India.
- Any changes that are perceived as weakening community control over waqf assets may lead to opposition from religious groups and political debates.
- Transparency and Accountability: Reforms may be aimed at curbing corruption and mismanagement in waqf boards.
- However, increased bureaucratic control might slow down decision-making and create administrative bottlenecks.
| Waqf – As per Islam, it is the property only available for religious or charitable purposes, and any other use or sale of the property is prohibited. – As per Sharia law, once Waqf is established, and the property is dedicated to Waqf, it remains as Waqf property forever. Central Waqf Council – It is a statutory and advisory body set up in 1964 under the administrative control of the Ministry of Minority Affairs as per the provision given in the Waqf Act, 1954. 1. It has been empowered to advise the Central Government, State Governments and State Waqf Boards. – It consists of the Chairperson, who is the Union Minister in charge of Waqf and such other members, not exceeding 20 in number, as may be appointed by the Government of India. – Its role was expanded under the provisions of the Waqf (Amendment) Act, 2013. – As per Section 40 of the Waqf Act 1995 (as amended in 2013) the State Waqf Board is empowered to decide any question which arises as to whether a particular property is a Waqf property or not or whether a Waqf is a Sunni Waqf or a Shia Waqf. |
Further Reading: Lok Sabha Passes Waqf (Amendment) Bill, 2025
Previous article
25th Anniversary of Jahan-e-Khusrau Sufi Music Festival