Modi govt introduces Waqf Amendment Bill in Lok Sabha; key points to know

The Modi government has introduced the Waqf (Amendment) Bill, 2024, in Parliament today, sparking debate among Muslim organisations and Opposition parties over the proposed revisions to the Waqf Boards Act of 1995. Minority Affairs Minister Kiren Rijiju introduced the Waqf Amendment Bill in the Lok Sabha. The new bill is set to rename the Waqf Act of 1995 to the Unified Waqf Management, Empowerment, Efficiency and Development Act, and represents a move towards greater regulation of Waqf properties nationwide.

Opposition parties argue that these amendments aim to undermine the Muslim community’s control over their land and assets, and infringe upon their “freedom to manage religious affairs” as protected by Article 26 of the Indian Constitution. Conversely, the ruling NDA asserts the changes are intended to improve oversight and management of Waqf boards, a need identified by the Muslim community itself.

What are Waqf properties?

Waqf properties, designated for religious or charitable purposes under Islamic law, are held in perpetuity for the benefit of the public or specific individuals' descendants. These irrevocable assets cannot be transferred and are used to fund mosques, educational institutions, graveyards, and other community services. Managed by approximately 30 Waqf boards across India, these assets total around 9 lakh acres valued at about ₹1.2 lakh crore, making Waqf boards the third-largest landowners in the country, following the Railways and the Defence Ministry.

Waqf Board

A Waqf board oversees these properties, appointing custodians to ensure proper use of the funds. The Central Waqf Council (CWC), created in 1964, monitors and advises state Waqf Boards and assists with property management. Under Section 9(4) of the 1954 Act, it can demand performance reports, including financial records. The 1995 Act, updated in 2013, gave Waqf Boards significant powers, including property designation authority. According to Section 6 of the 1995 Act, the Tribunal's decisions on property status are final.

New bill proposes key reforms:

- Establishing a Central Waqf Council, with representation from Muslim women and non-Muslims, and requiring the appointment of two women to each state board and the central council.

- Shifting the responsibility for determining whether a property is Waqf or government land to the District Collector, a move that critics fear may lead to misuse of power.

- Creating a separate Board of Auqaf for the Boharas and Aghakhanis to ensure broader representation within Waqf boards.

- Granting the central government the authority to audit Waqf properties through auditors appointed by the Comptroller and Auditor General (CAG) of India.

- Requiring a valid waqfnama (deed) to establish a property as Waqf, as opposed to the current practice of oral agreements.