The Indian government has introduced the Waqf (Amendment) Bill, 2024, proposing significant changes to the management and classification of waqf properties—assets dedicated for charitable purposes under Islamic law. A notable provision in the bill states that any government property previously declared as waqf will no longer be considered as such.
Key Provisions of the Waqf (Amendment) Bill, 2024:
- Redefinition of Waqf Properties: The bill mandates that government properties erroneously identified as waqf, either before or after the enactment of the law, will revert to being recognized as government-owned. The District Collector is empowered to investigate such cases, update revenue records, and report findings to the state government.
- Determination of Property Ownership: The responsibility of determining whether a property is waqf or government land is assigned to the District Collector. The Collector’s decision will be final, ensuring that state property is not misclassified.
- Mandatory Registration: All waqf properties must be registered with the District Collector’s Office for proper evaluation, aiming to enhance transparency and accountability in property management.
- Elimination of ‘Waqf by Use’: The bill removes provisions that allowed properties to be considered waqf based on long-term usage without formal documentation, addressing concerns about unauthorized claims over government and private lands. primetimetoday.in+2Brhat+2The Financial Express+2
- Appeal Mechanism: Decisions made by the Waqf Board can now be appealed in high courts, introducing a layer of judicial oversight to rectify potential errors in tribunal rulings.
- Diversification of Waqf Boards: The composition of Waqf Boards is to be diversified to include professionals with expertise in law, finance, and administration, aiming for better governance. Additionally, the inclusion of non-Muslim members is proposed to enhance diversity.
Government’s Justification:
The government asserts that these amendments aim to curb corruption, improve property management, and ensure that waqf assets used for broader community services align with public policies and maintain accountability. The Ministry of Minority Affairs emphasized that the bill seeks to strengthen transparency, financial accountability, and legal safeguards, ensuring effective management of waqf properties for community benefit. Brhat+1Reuters+1
Criticism and Opposition:
Critics, including opposition parties and Muslim organizations, argue that the bill undermines minority rights and threatens Muslim property rights. They express concerns that the amendments could lead to the state confiscating historic religious sites lacking formal documentation and view the inclusion of non-Muslim members in waqf boards as an attempt to control Muslim assets.
Consultation Process:
The Ministry of Minority Affairs highlighted that the consultation process for the bill involved extensive engagement with community leaders, legal experts, and religious organizations. The Joint Parliamentary Committee conducted multiple sittings and study visits across various cities, gathering input from numerous stakeholders, including state waqf boards, state governments, and minority commissions.
Implications:
The Waqf (Amendment) Bill, 2024, represents a significant shift in the governance of waqf properties in India. While the government emphasizes the need for increased oversight and transparency, opponents fear potential encroachments on religious freedoms and property rights. The bill’s progression through Parliament and its subsequent implementation will be closely monitored by various stakeholders, given its far-reaching implications for the management of waqf properties and minority rights in the country.Reuters+4Brhat+4The Financial Express+4
