Waqf (Amendment) Bill, 2024,

 

The Waqf (Amendment) Bill, 2024, aims to bring significant changes to the governance and management of Waqf properties in India by amending the Waqf Act of 1995. It was introduced in the Lok Sabha on August 8, 2024, and is currently under review by a Joint Parliamentary Committee. The key highlights of the bill include:

Key Changes:

1. Revised Composition of Waqf Boards:

   • Non-Muslims can now be members, and in some cases, a majority of Waqf Boards and the Central Waqf Council, altering the earlier requirement of all members being Muslim. This has raised concerns about reduced Muslim representation.
   • A provision for mandatory inclusion of women, particularly Muslim women, in the Boards.

2. Mandatory Registration:

   • All Waqf properties must now be registered with the District Collector’s office for verification and evaluation.

3. Restriction on Government Properties:

   • Government-owned properties identified as Waqf before or after the enactment of the new law will not be considered Waqf properties.

4. Changes in Tribunal System:

   • Removes the expert on Muslim law from Waqf Tribunals.
   • Tribunal decisions, which were previously final, can now be appealed to the High Court within 90 days.

5. Ownership Criteria for Waqf Creation:

   • A Waqf can only be created if the individual dedicating the property is its lawful owner, addressing disputes over property legitimacy.

6. State-specific Adjustments:

   • Allows for separate Boards for communities like Bohras and Aghakhanis in states where they have functional Waqfs.

The amendments seek to enhance transparency, accountability, and efficiency in the management of Waqf properties. They address long-standing governance issues and aim to balance state oversight with religious autonomy.

Criticisms:

• The inclusion of non-Muslim members and greater government control over appointments have been criticized for potentially undermining the autonomy of Waqf institutions, which may conflict with the constitutional rights of religious communities to manage their own affairs under Article 26 of the Indian Constitution.

Broader Impacts:

The changes, if implemented, could significantly affect the administration of the vast portfolio of Waqf properties in India, which includes mosques, schools, and community welfare spaces.