Waqf (Amendment) Bill to be introduced in Lok Sabha today: What are the proposed changes & why Muslim bodies are against it

Waqf Boards currently control 8.7 lakh properties spanning 9.4 lakh acres across India with an estimated value of Rs 1.2 lakh crore.

The Prime Minister Narendra Modi-led BJP government is set to table the Waqf (Amendment) Bill, 2024 in the Lok Sabha on Thursday to amend the Waqf Act, 1995, and alter the powers of the Waqf board. The opposition parties have strongly objected to the bill and demanded that it should be sent to Parliament's standing committee for scrutiny after being introduced.

There is a possibility that the Centre may agree to refer the Bill, which is also being opposed by some Muslim organisations, to a parliamentary panel. Sources said some parties, which have been supportive of the government's agenda, have also expressed their reservation over the proposed legislation.

What does the Waqf (Amendment) Bill propose?

The Bill seeks to amend the law governing Waqf boards across the country and has sought representation of Muslim women and non-Muslims in such bodies.

One major change is the introduction of the District Collector as an arbiter to determine whether a property is a Waqf asset or government land. The bill proposes substituting the term "Waqf" with "Unified Waqf Management, Empowerment, Efficiency and Development" and allows the Collector to investigate and report on property status, potentially altering previous decisions made by the Waqf Tribunal. Additionally, the bill seeks to do away with the concept of "waqf by use," which previously allowed properties to be considered a Waqf based on usage alone, requiring now a formal Waqf deed for registration.

Further amendments include eliminating the mandate that the CEO of a Waqf Board must be from the Muslim community and introducing stricter audit and reporting requirements. The bill also emphasizes digital record-keeping and proposes greater representation of women on Waqf Boards, aiming to improve transparency and inclusivity in the management of Waqf properties.

The Amendment Bill has been in the works for the last few years with the government meeting various stakeholders, including members of the community, eminent jurists, and lawyers.

Several prominent Dargah chiefs met the minister for minority affairs Kiren Rijiju on Tuesday to offer their support to the legislation.

Here are the other key changes proposed by the Centre:

• The Central Waqf Council and state Waqf Boards must have two women on the board.

• The term Waqf will be clearly defined by a person practicing Islam for at least five years and having ownership of such property.

• The draft bill also details the process for mutation, in accordance with revenue laws, before recording any property as Waqf property. Women's inheritances must be protected and ensured.

• The registration of Waqf property must be through a central portal and database.

• The Bill proposes to decrease the annual contribution from seven percent to five percent payable to the Board by “mutawalli” of every Waqf having a net annual income of not less than Rs 5,000.

• The tribunal structure may be restructured with two members apart from providing for appeals against the orders of the tribunal to the high court within a specified period of 90 days.

• Only practicing Muslims will be allowed to donate their property to the Waqf Council or Board. Also, only the legal owner can take this decision.

• Money received by the Waqf Board must be used for the welfare of widows, divorcees, and orphans. These measures will have to be carried out in the manner suggested by the government.

What is Waqf?

Waqf refers to the properties dedicated exclusively to religious or charitable purposes under Islamic law. Waqf Boards currently control 8.7 lakh properties spanning 9.4 lakh acres across India with an estimated value of Rs 1.2 lakh crore. It makes them the third largest landowner in India after the armed forces and the Indian Railways. The 1995 Waqf Act was passed to regulate 'auqaf' (assets donated and notified as Waqf) by a 'wakif' (the person who dedicates the property). The legislation was last amended in 2013.

What is a Waqf board?

It is a legal entity capable of acquiring, holding, and transferring property. Each state has a Waqf Board led by a chairperson, including nominees from the state government, Muslim legislators, parliamentarians, members of the state Bar Council, Islamic scholars, and mutawalis (managers) of Waqfs with an annual income of Rs 1 lakh and above.

Opposition voices

The Centre faced fierce protests from the opposition and Waqf Boards across the country. The Tamil Nadu Board chief called the amendments a ploy to "weaken" and "destabilise" such organisations. The All-India Muslim Personal Law Board said any changes to the law "will not be tolerated".

AIMIM chief Asaduddin Owaisi said the Centre wanted to take away the autonomy of the Waqf Board by interfering in its functions.

"The BJP has been against these boards and Waqf properties from the very beginning and they have a Hindutva agenda. Now if you make amendments to the establishment and composition of the Waqf Board, then there will be administrative chaos, a loss of autonomy of the Waqf Board and if the control of the government increases over the Waqf Board, then the independence of Waqf will be affected," he said.

Congress MP Gourav Gogoi and Trinamool Congress MP Sudip Bandyopadhyay are among the opposition members who have made the demand to send the Bill to Parliament's standing committee for scrutiny after it is introduced.

(With inputs from agencies)