Waqf (Amendment) Bill, 2024

Syllabus: Statutory Bodies

Source:  TH

Context: The Joint Committee on the Waqf (Amendment) Bill, 2024 adopted its report by a majority vote, clearing the way for the government to move the Bill during the upcoming Budget Session of Parliament.

What is a Waqf Board?

• Established in: The concept of Waqf Boards was formalized under the Waqf Act, 1954, and further strengthened by the Waqf Act, 1995. (It is statutory body)
• Governed by: The Ministry of Minority Affairs, Government of India, oversees the functioning of Waqf Boards.
• Functions and Powers:

• • Administration: Manages and supervises Waqf properties.
  • Recovery: Recovers lost or encroached Waqf properties.
  • Transfer: Sanctions the transfer of immovable Waqf properties through sale, gift, mortgage, exchange, or lease.
  • Appointment: Appoints custodians to ensure Waqf revenues are used for designated purposes.
  • Legal Authority: Can sue and be sued in court.

• Board and Members:

• • Chairperson: Appointed by the state government.
  • Members: Include Muslim legislators, parliamentarians, members of the state Bar Council, Islamic scholars, and mutawalis (managers) of Waqfs with an annual income of ₹1 lakh and above.
  • Central Waqf Council (CWC): Established in 1964 to oversee and advise state-level Waqf Boards.

Proposed Amendments in the 2024 Bill:

1. Inclusion of Non-Muslim Members:
   • Mandates at least two non-Muslim members in the Central Waqf Council and State Waqf Boards.
   • Allows non-Muslim members to form a majority in these bodies.
2. Removal of Waqf by User: Eliminates the concept of Waqf by User, which recognized properties used for religious or charitable purposes over time as Waqf.
3. District Collector’s Role: Grants District Collectors the authority to determine ownership of disputed properties and update revenue records.
4. Composition of Tribunals: Removes the requirement for an expert in Muslim law from Waqf Tribunals.
5. Appeals Process: Allows direct appeals to High Courts against Tribunal decisions, removing the finality of Tribunal rulings.

Need for Amendment in 2024:

• Transparency and Efficiency: Aims to improve transparency and efficiency in the management of Waqf properties.
• Inclusivity: Seeks to promote inclusivity by involving non-Muslim members in Waqf governance.
• Dispute Resolution: Enhances dispute resolution mechanisms by granting District Collectors authority over property disputes.
• Legal Clarity: Provides clarity on the creation and management of Waqf properties.
• Modernization: Aligns Waqf governance with contemporary legal and administrative practices.

Issues Surrounding the New Bill:

• Dilution of Muslim Control: Opposition argues that including non-Muslim members dilutes Muslim control over Waqf properties.
• Violation of Article 26: Critics claim the Bill violates Article 26 of the Constitution, which guarantees religious communities the right to manage their own affairs.
• Removal of Waqf by User: Eliminating Waqf by User could lead to disputes over the status of existing Waqf properties.
• Expertise in Muslim Law: Removing the requirement for an expert in Muslim law from Tribunals may affect the adjudication of Waqf-related disputes.
• Potential for Misuse: Granting District Collectors authority over property disputes could lead to misuse and bias.

Way Ahead:

• Stakeholder Consultation: Engage with Muslim community leaders and stakeholders to address concerns.
• Legal Safeguards: Introduce safeguards to prevent misuse of District Collectors’ powers.
• Capacity Building: Provide training to District Collectors and Tribunal members on Waqf laws.
• Transparency Measures: Implement measures to ensure transparency in the management of Waqf properties.
• Review and Monitoring: Establish a mechanism for regular review and monitoring of Waqf governance.

Conclusion:

The Waqf (Amendment) Bill, 2024 aims to modernize Waqf governance but faces significant opposition over concerns of dilution of Muslim control and potential misuse of powers. A balanced approach, incorporating stakeholder feedback and legal safeguards, is essential to ensure the effective and fair management of Waqf properties.

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