About WAQF (Amendment) Bill 2024

The Waqf (Amendment) Bill, 2024

1. Context

The Waqf (Amendment) Bill, 2024 seeks to modify the Waqf Act, 1995, increasing government oversight over Waqf properties. The amendments focus on transparency, accountability, and gender inclusivity while addressing concerns about unchecked powers of Waqf Boards.

2. What is Waqf?

• Definition: Permanent dedication of property by a Muslim for religious or charitable purposes.

• Key Features:

  • Cannot be sold or transferred.

  • Managed by a mutawalli (custodian).

  • Overseen by State Waqf Boards and the Central Waqf Council.

  • Funds mosques, schools, shelters, and other social institutions.

  • India has 8,72,292 Waqf properties generating ₹200 crore in revenue.

3. Composition of Waqf Board

• A state-level body managing Waqf properties.

• Some states have separate Shia and Sunni Waqf Boards.

• Members include:

  • Chairperson

  • State government nominees

  • Muslim MPs/MLAs

  • State Bar Council members (Muslim lawyers)

  • Islamic scholars

  • Mutawallis (who manage properties worth ₹1 lakh or more annually)

4. The Waqf Act & Its Amendments

• First enacted in 1954, replaced by Waqf Act, 1995.

• 2013 Amendment:

  • Gave Waqf Boards extensive powers to designate properties as Waqf properties.

  • Strengthened oversight by the Central Waqf Council.

• 2024 Amendment Goals:

  • Increase transparency and accountability.

  • Revise Waqf Board composition for better governance.

5. Key Amendments in Waqf (Amendment) Bill, 2024

A. Structural Changes

1. Name Change:

   • Waqf Act, 1995 → Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995.

2. Transparency Measures:

   • Mandatory verification of all property claims by Waqf Boards.

3. Government Oversight:

   • Central Government given authority to audit Waqf properties.

4. Gender Inclusivity:

   • Sections 9 and 14 amended to include women representatives in Waqf Boards.

B. New Provisions

1. Revised Verification Process:

   • District Magistrates may oversee property verification.

   • Aim: Prevent disputes and misuse of Waqf claims.

2. Land Ownership Clarifications:

   • Section 3A: Only properties with lawful ownership can be designated as Waqf.

   • Section 3C(1): Government-owned land cannot be declared as Waqf.

   • Section 3C(2): The Government will decide if disputed land belongs to Waqf or the state.

3. Limiting Waqf Board Powers:

   • Response to land dispute issues, e.g., Tamil Nadu Waqf Board’s claim over Thiruchendurai village (2022).

4. Removal of “Waqf by Use” Doctrine:

   • Only properties with valid Waqfnama (legal deed) will be recognized as Waqf.

5. Board Composition Changes:

   • Allows non-Muslim CEOs and members in State Waqf Boards.

6. Criticism of the Amendment

7. Conclusion

The Waqf (Amendment) Bill, 2024 introduces transparency and better governance in managing Waqf properties. However, concerns about excessive government control and dilution of Waqf Board authority need to be addressed to ensure a balanced and fair approach to religious property management.