A contentious bill aimed at amending 44 sections of the Waqf Act of 1995 is expected to be tabled in the Lok Sabha on Thursday. The amendments include provisions to ensure representation of non-Muslim individuals and Muslim women in central and state Waqf bodies. Additionally, another bill will be introduced to abolish the Waqf Act of 1923.
Renaming and Objectives
The proposed amendment will rename the 1995 Waqf Act as the Unified Waqf Management, Empowerment, Efficiency, and Development Act. The primary goal is to improve the management of Waqf properties, which are lands set aside for religious or charitable purposes under Islamic law.
Major Proposed Changes
- Omission of Section 40: The current Section 40, which allows the Board to classify properties as Waqf, will be removed. Instead, the District Collector or their deputy will make this decision.
- Board Composition: The Central Waqf Council and state Waqf Boards must include two women. The Council will now consist of:
- A Union Minister
- Three MPs
- Three representatives of Muslim organisations
- Three Muslim law experts
- Two ex-judges (Supreme Court or High Court)
- Four individuals of national repute
- Senior union government officials
- At least two of these members should be women.
- Registration and Survey: Notice will be required before registering any property as Waqf, and registration must occur on a centralized website. The authority for surveying Waqf properties will be given to the District Collector or their deputy. A provision for lodging a High Court appeal within 90 days of the Board’s decision will also be included.
- Donation Restrictions: Only practicing Muslims will be allowed to donate property to the Waqf Council or Board, and only legal owners can make this decision.
- Dispute Resolution: In cases of dispute about a property’s antecedents, officials will investigate and submit a report to the state, which will then adjust records as necessary.
- Utilization of Funds: Money received by the Waqf Board must be used for the welfare of widows, divorcees, and orphans as suggested by the government. Women’s inheritances will also be protected.
- Community Representation: The bill proposes a separate board for the Bohra and Agakhani communities and provides for the representation of Shias, Sunnis, and other backward classes among Muslims.
Reactions and Controversies
- Opposition: The Tamil Nadu Board chief criticized the amendments as a ploy by the ruling BJP to weaken and destabilize Waqf organizations. The All India Muslim Personal Law Board opposed any changes to the law.
- Government Response: The government dismisses these claims, stating that the amendment aims to empower Muslim women and children and curb illegal occupancy by Waqf boards. The Waqf boards collectively hold around eight lakh acres of land.
Stakeholder Feedback
- Support: The All India Sufi Sajjadanashin Council welcomed the changes, viewing them as long overdue.
- Concerns: The government is open to forming a joint committee to study the bill. Concerns have been raised about misleading narratives being spread by certain Muslim clerics regarding land seizures.
Historical Context
The Waqf Act of 1995 was enacted to regulate ‘auqaf’ (assets donated and notified as Waqf) by a ‘wakif’ (the person who dedicates the property) and was last amended in 2013.
Multiple-Choice Questions (MCQs):
- What is the main objective of the proposed amendments to the Waqf Act of 1995?
- A) To increase land taxes on Waqf properties
- B) To improve the management and efficiency of Waqf properties
- C) To privatize Waqf properties
- D) To eliminate all Waqf properties
- What will the Central Waqf Council’s new composition include?
- A) Only Muslim law experts
- B) A Union Minister, MPs, representatives of Muslim organisations, law experts, ex-judges, individuals of national repute, and senior government officials
- C) Only government officials
- D) Only representatives of Muslim organisations
- Under the new amendment, who will have the authority to decide whether a property is classified as Waqf?
- A) The Central Waqf Board
- B) The District Collector or their deputy
- C) The State Government
- D) The Supreme Court
- What is a significant restriction proposed in the new bill regarding property donations to the Waqf Council or Board?
- A) Only non-Muslims can donate property
- B) Only practicing Muslims can donate property
- C) Any individual can donate regardless of religion
- D) Donations are banned
- What new feature is introduced for the registration of Waqf properties under the proposed amendment?
- A) Registration on a local website
- B) Registration on a centralized website
- C) Registration through a paper-based system
- D) No registration required