Waqf Amendment Bill 2024 Explained

Waqf Amendment Bill 2024 Explained. The Waqf (Amendment) Bill, 2024, introduced in the Lok Sabha on August 8, 2024, aims to amend the Waqf Act of 1995 to address challenges in the regulation and management of waqf properties in India. Waqf refers to the permanent dedication of movable or immovable property by a Muslim for religious, pious, or charitable purposes recognized under Islamic law. These properties are managed by Waqf Boards established in each state to oversee their administration and ensure their intended use.

Key Provisions of the Waqf (Amendment) Bill, 2024

• Eligibility Criteria for Declaring Waqf:

The bill stipulates that only individuals who have been practicing Islam for at least five years can declare a waqf. Additionally, the declarant must own the property being dedicated. This provision aims to prevent misuse and ensure that only genuine adherents can create waqf properties.

• Abolition of ‘Waqf by User’:

The bill removes the concept of ‘waqf by user,’ which recognized properties as waqf based on long-term public use for religious or charitable purposes. This change seeks to eliminate ambiguities and disputes arising from informal designations of waqf properties.

• Inclusion of Non-Muslims in Waqf Boards:

The amendment proposes the inclusion of non-Muslim members in the Central Waqf Council and State Waqf Boards. Specifically, it mandates the appointment of two non-Muslim members and at least two Muslim women to the Central Waqf Council. This measure aims to promote diversity and broader representation in the management of waqf properties.

• Government Oversight on Waqf Properties:

The bill grants government authorities a more significant role in validating waqf land holdings. It requires Waqf Boards to seek government validation for property ownership, a move intended to address corruption and ensure proper management. However, critics argue that this could lead to governmental overreach and potential infringement on the autonomy of waqf institutions.

• Enhanced Registration and Survey Processes:

The bill emphasizes the use of technology in managing waqf records and mandates comprehensive surveys of waqf properties. Collectors, under state revenue laws, are tasked with carrying out these surveys to ensure proper identification and registration. This initiative aims to improve transparency and accountability in the administration of waqf assets.

• Clarification on Government Properties:

The amendment specifies that government properties identified as waqf will cease to be considered as such, and disputes over these properties will be resolved by the Collector. This provision seeks to prevent conflicts and ensure clear demarcation between government and waqf properties.

For more Details: https://studentschapters.in/understanding-waqf-board-amendment-bill-2024/

Controversies and Criticisms

The Waqf (Amendment) Bill, 2024, has sparked significant debate and opposition from various quarters:

• Allegations of Discrimination:

Critics argue that the bill is discriminatory and unconstitutional, contending that it targets Muslim communities by altering the management structure of waqf properties and potentially facilitating governmental control over religious endowments.

• Concerns Over Autonomy:

Some critics perceive the inclusion of non-Muslim members in Waqf Boards as an infringement on the religious autonomy of Muslims. Mostly, opponents fear that this could lead to decisions that are not in line with Islamic principles governing waqf.

• Potential for Property Disputes:

The requirement for government validation of waqf properties has raised concerns about the potential for increased disputes and bureaucratic hurdles, which could hinder the effective management and utilization of these properties.

• Impact on Historic Sites:

There are concerns that the government could challenge the legality of longstanding Muslim sites, potentially confiscating or repurposing historic mosques and other religious properties.

For more Details: https://studentschapters.in/understanding-waqf-board-amendment-bill-2024/

Legislative Process and Current Status

The government introduced the bill in the Lok Sabha on August 8, 2024, and then referred it to a Joint Parliamentary Committee comprising members from both Houses for detailed examination. The committee conducted extensive consultations, including public hearings and discussions with stakeholders such as state governments, Waqf Boards, and legal experts. Also, after thorough deliberation, the committee presented its report, incorporating various recommendations and modifications to the original draft.

On April 2, 2025, following a heated debate, the Lok Sabha passed the Waqf (Amendment) Bill, 2024, with 288 votes in favor and 232 against. The bill now awaits consideration in the Rajya Sabha, where further discussions and potential amendments may occur before it can receive presidential assent and become law.

Conclusion

The Waqf (Amendment) Bill, 2024, represents a significant shift in the governance of waqf properties in India. While the government asserts that the amendments aim to enhance transparency, efficiency, and inclusivity, critics view them. And also as encroachments on religious autonomy and potential avenues for discrimination. Therefore, as the bill progresses through the legislative process, it remains a focal point of national debate, reflecting broader discussions about minority rights, religious freedom, and the role of the state in managing religious endowments. Thus, this is Waqf Amendment Bill 2024 Explained.

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