Understanding Waqf Board Amendment Bill 2024

Waqf Board Amendment Bill 2024 is in the news and is the most controversial debate that is going on. Before commenting on the bill, it is necessary to understand what the Waqf Board is and its related acts.

What is waqf board?

It is a statutory body established under the Waqf Act. The board is responsible for administering and managing Waqf properties and assets dedicated to religious, charitable, or pious purposes in Islam. These properties can include mosques, shrines, schools, hospitals, and other charitable institutions.

Understanding Waqf Board Act: History

The concept of Waqf dates back to early Islamic times, when individuals would dedicate their property for religious or charitable purposes, making it inalienable. This practice aimed to provide perpetual support for mosques, educational institutions, and other community welfare projects.

The formalisation of Waqf in India began during the medieval period, under the rule of Muslim sultans and Mughal emperors, who set up numerous Waqf properties for religious and charitable purposes. These properties were often large tracts of land, revenue-generating assets, or valuable buildings dedicated to supporting religious institutions like mosques, madrassas, and other welfare institutions.

During British rule in India, the management of Waqf properties became more regulated due to the colonial administration’s attempts to codify and control various aspects of Indian society, including religious endowments. The Waqf Act of 1923 was one of the first attempts to regulate the administration of Waqf properties. However, it was largely seen as inadequate, leading to further reforms.

After India gained independence in 1947, the government recognised the importance of protecting and regulating Waqf properties, which led to the enactment of the Waqf Act of 1954. This act established the Waqf Boards as statutory bodies responsible for managing and protecting Waqf properties. It also led to the formation of the Central Waqf Council in 1964, which serves as the apex body overseeing the functioning of state Waqf Boards.

The Waqf Act of 1995 replaced the Waqf Act of 1954, providing a more comprehensive legal framework for administering Waqf properties. The act expanded the powers of Waqf Boards, improved the process of registration of Waqf properties, and provided mechanisms for dispute resolution. In 2013, further amendments were made to strengthen the governance and accountability of the Waqf Boards.

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Understanding Waqf Board Act : Councils and Committees

The Waqf Board in India operates through various councils and committees at both the central and state levels to manage and oversee Waqf properties effectively. The key councils involved are:

Central Waqf Council (CWC)

The Central Waqf Council was established in 1964 under the Waqf Act of 1954. It is the apex advisory body to the Government of India on Waqf matters. The CWC provides guidance to state Waqf Boards on issues related to the administration of Waqf properties, ensures the implementation of Waqf laws, and monitors the functioning of state Waqf Boards. It also advises the central government on Waqf legislation and reforms.

The CWC is composed of members appointed by the central government. The Union Minister in charge of Waqf is the ex-officio chairperson of the council. Other members include representatives of Muslim organisations, scholars in Islamic law, and chairpersons of state Waqf Boards.

State Waqf Boards

Each state in India has its own Waqf Board, established under the Waqf Act of 1954 and later under the Waqf Act of 1995. State Waqf Boards are responsible for administrating, managing, and protecting Waqf properties within their respective states. They also resolve disputes related to Waqf properties and ensure their proper utilisation for religious and charitable purposes. State Waqf Boards typically consist of elected and nominated members, including representatives from Muslim Members of Parliament (MPs), Members of the Legislative Assembly (MLAs), and the state Bar Council. The Waqf Act mandates that at least two board members should be women.

Waqf Tribunals

State governments establish Waqf Tribunals to address disputes related to Waqf properties. Tribunals have jurisdiction over disputes involving Waqf properties. This includes cases of encroachment, misuse, or illegal transfer of Waqf assets. The tribunals issue binding decisions, and parties can appeal their rulings to the High Court within a specified period. Typically, a judge with a rank equivalent to a District Judge chairs the tribunals, which also include other members knowledgeable in Waqf law.

Joint Parliamentary Committee (JPC) on Waqf:

This committee was formed to review and recommend changes to Waqf-related legislation. It examines the functioning of the Waqf Boards and suggests improvements to ensure better management of Waqf properties. The JPC typically consists of members from both Parliament houses (Lok Sabha and Rajya Sabha). It works closely with the Central Waqf Council and other stakeholders to refine Waqf laws. These councils and bodies manage Waqf properties in accordance with the legal framework. It ensures that they serve their intended religious and charitable purposes while also safeguarding them from misuse or encroachment.

Understanding Waqf Board Amendment Bill, 2024

On 8th August 2024, the Ministry of Minority Affairs introduced the Bill in the Lok Sabha. The Joint Parliamentary Committee then reviewed the Bill, which amends the Waqf Act of 1995.

Key Point of the Bill

• Firstly, the bill renames the act ‘United Waqf Management, Empowerment, Efficiency and Development Act, 1995’.
• The Bill specifies that only individuals practising Islam for at least five years can declare a waqf. It also clarifies that the individual must own the property designated as waqf. The Bill eliminates the concept of waqf by the user. It further stipulates that a waqf-alal-aulad must not result in the denial of inheritance rights to the donor’s heirs.
• The bill proposes creating a central body to oversee Waqf activities across India. This council will include at least two non-Muslim members and two Muslim women, ensuring broader representation.
• The district collector will have the authority to determine whether a property falls under the jurisdiction of the Waqf board or is government land.
• The bill proposes establishing separate Waqf boards for specific Muslim communities like the Bohra and Agakhani.
• The bill mandates the creation of a centralised digital portal for registering and managing Waqf properties. This is an aim to improve transparency and reduce fraud.
• The Bill proposes to eliminate the  authority that investigate and decide whether a property qualifies as Waqf.
• In the composition of the tribunal: (i) a current or former District Court judge as its chairman, and (ii) a current or former officer of the rank of joint secretary to the state government will be there.
• The Bill removes the provision that gives the Tribunal’s decisions finality. Parties can appeal Tribunal orders in the High Court within 90 days.
• The Bill grants the central government the authority to make rules concerning (i) the registration of Waqf properties, (ii) the publication of Waqf accounts, and (iii) the publication of proceedings of Waqf Boards. The Bill shifts the responsibility of audit to the central government.

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