The BJP-led government introduced the Waqf (Amendment) Bill, 2024, in the Lok Sabha, aiming to bring substantial changes to the Waqf Act, 1995. This bill is designed to overhaul the regulatory framework governing Muslim charitable endowments, addressing key issues such as regulation, property disputes, and the composition of waqf boards.

Major Amendments Proposed to the Waqf Act

1. Increased Government Regulation: The bill proposes to grant the government a significant role in regulating waqf properties. This shift is aimed at enhancing transparency and efficiency in the management of these assets. The government’s involvement is expected to curb mismanagement and ensure that waqf properties are utilized for their intended purposes.
2. Redefining Property Possession: A crucial amendment redefines how a property is deemed to be in the possession of waqf. Currently, the Waqf Tribunal has the final say on such matters. However, the proposed bill transfers this authority to the District Collector, who will determine whether a property is waqf or government land. This decision will be reflected in the revenue records and will be final until the Collector submits their report.
3. Changes to Waqf Boards: The composition of state waqf boards is set to change significantly. The bill allows for the appointment of non-Muslim Chief Executive Officers and at least two non-Muslim members. This inclusion aims to introduce diverse perspectives and enhance administrative capabilities, though it has sparked debates about preserving the religious character of waqf institutions.
4. Removal of Waqf by Use: The bill seeks to eliminate the concept of “waqf by use,” which allowed properties to be deemed waqf based on their continuous use for religious purposes, even without formal documentation. This change means that a property will only be recognized as waqf if there is a valid waqfnama, potentially making some waqf properties suspect in the absence of such documentation.
5. Introduction of Adverse Possession: The bill proposes the concept of “adverse possession” for waqf properties, allowing the statute of limitations to apply. This means that squatters could claim adverse possession of waqf land after 12 years, a significant departure from the current Act, which bars such claims.
6. Central Waqf Council Composition: For the Central Waqf Council, the bill intends to allow the inclusion of three Members of Parliament (two from Lok Sabha and one from Rajya Sabha) without specifying that they must be Muslim. This change is seen as part of a broader move to diversify the council’s composition and ensure more comprehensive governance.
7. Auditing Powers: The bill empowers the Central government to direct audits of any waqf at any time by an auditor appointed by the Comptroller and Auditor-General of India. This provision aims to enhance accountability and ensure that waqf properties are managed in accordance with legal and ethical standards.

Implications and Concerns of the amendment to the Waqf act

1. Enhancing Accountability and Transparency: The proposed amendments are designed to improve the management and oversight of waqf properties, ensuring they are used effectively for the benefit of the Muslim community. Increased government regulation and stricter audit controls are expected to enhance transparency and reduce instances of mismanagement.
2. Potential Controversies: Despite the potential benefits, the bill has generated controversy. The inclusion of non-Muslim members in waqf boards and the removal of “waqf by use” have raised concerns about the preservation of the religious and cultural identity of waqf properties. Moreover, the transfer of dispute resolution authority to the District Collector may be viewed as increased state interference in religious matters.
3. Stakeholder Consultation: Former Minority Affairs Minister K Rahman Khan criticized the government for not consulting stakeholders, including the Muslim community, before introducing the bill. He argues that the bill undoes many of the reforms brought by the 2013 amendment to the Waqf Act, including the role of Waqf Tribunals and the survey of waqf properties.
4. Call for Dispassionate Analysis: Uttar Pradesh BJP MLC Tariq Mansoor has called for a dispassionate analysis of the proposed reforms. While acknowledging the need for regulatory improvements, he emphasizes the importance of careful consideration to ensure that the changes benefit the community without compromising the integrity of waqf properties.

Conclusion

The Waqf (Amendment) Bill, 2024, represents a significant effort to reform the management of Muslim charitable endowments in India. By introducing increased government regulation, redefining property possession criteria, and altering the composition of waqf boards, the bill aims to address longstanding issues of mismanagement and misuse. However, its success will depend on effective implementation and the willingness of all stakeholders to collaborate in ensuring that waqf properties are managed transparently and efficiently while respecting their religious significance.