Waqf Bill in Lok Sabha: A look at the key changes proposed

The Waqf (Amendment) Bill 2024 was tabled by Kiren Rijiju, Union Minister of Parliamentary affairs in the Lok Sabha today. This bill introduces significant reforms to the Waqf Act of 1995, aiming to enhance transparency, inclusivity and government oversight in the management of Waqf properties in India. 

Also Read: Waqf Bill: It’s advantage BJP-led NDA even as Opposition resists

The proposed key amendments to the Waqf Act 1995 are:

1.Eligibility to declare Waqf

The Bill states that only individuals who have practiced Islam for at least five years and own the property can declare a waqf. This change eliminates the concept of ‘Waqf by User’ and ensures that ‘Waqf-alal-aulad’ (Family Waqf) does not infringe upon inheritance rights, particularly those of female heirs. 

2.Reclassification of properties

The Bill states that any government property previously identified as waqf will be re-designated as government owned. The District Collector is authorized to investigate such cases and submit the report to the state government. If deemed a government property, the District Collector has to update the revenue records. 

3.Authority Shift

The responsibility for surveying the waqf properties is transferred from the Survey Commissioner to the District Collector, aligning the process with state revenue laws. 

4.Composition of the Central Waqf Council

Under the 1995 Act, the Union Minister incharge of the Waqf is the ex-officio chairperson of the council including Members of Parliament, persons of national eminence, retired Supreme Court of High Court judges and eminent scholars of Muslim Law. The Act mandates that all Council members, barring the Minister, must be Muslims, and at least two must be women. The Council will now include two non-Muslim members. Additionally, the requirement that all members, except the Union Minister in charge of waqf, must be Muslims has been removed, promoting broader representation.

5.State Waqf Boards Composition 

State governments will nominate members to the Waqf boards including one person from each of the following groups: 

(i)Members of Parliament 

(ii)Members of the legislative assembly and legislative council 

(iii)Bar council members 

The Boards must include two non-Muslim members and at least one member each from the Shia, Sunni, and Backward Classes of Muslims. Furthermore, at least two Muslim members must be women.

6.Tribunal composition and appeals

Tribunals constituted under the Act comprise of: 

(i) a Judge of the rank equivalent to a Class-1, District, Sessions, or Civil Judge  

(ii) a state officer equal to an Additional District Magistrate

(iii) an expert in Muslim law

 The Bill states that tribunals handling waqf disputes will consist of a current or former District Court judge as chairperson and a joint secretary-level officer. The decisions taken by these tribunals can now be appealed in the High Court within 90 days, providing an additional layer of legal recourse. 

7. Central government oversight

The central government gains enhanced powers to regulate waqfs, including making rules related to waqf registration and the publication of accounts. It is also authorized to audit waqf accounts through the Comptroller and Auditor General (CAG) or a designated officer.

8. Community-specific boards 

The Amendment allows for the establishment of separate Waqf Boards for the Bohra and Agakhani communities, in addition to the existing provisions for Sunni and Shia sects.

What are the implications of these amendments ? 

These amendments aim to introduce more transparency and government oversight into waqf management while ensuring better representation and inclusivity, especially for women and non-Muslims. However, the removal of certain powers from the Waqf Board and shifting responsibilities to state officials, it is argued, may centralize control, potentially leading to disputes over religious autonomy. Moreover, the emphasis on ensuring women’s inheritance rights within waqf-alal-aulad highlights a progressive shift towards gender equality in Islamic endowments.