Waqf Bill in Parliament today: Decoding the controversies and myths associated with it

"In the introduction stage itself, the INDIA alliance and all like-minded parties had a clear-cut stand on it. This bill is a targeted legislation and is fundamentally against the Constitutional provisions. We are going to oppose this bill...” Congress General Secretary KC Venugopal told ANI.

What is a Waqf property?

Waqf, an Arabic term meaning "endowment," refers to personal property donated by Muslims for religious, charitable, or private purposes. Once declared as Waqf, the property’s ownership is considered to belong to God, and its character cannot be reversed. The governance of Waqf properties in India has evolved through various legal regimes, culminating in the Waqf Act of 1995.

Bill’s journey in Parliament

The Waqf (Amendment) Bill, 2024, seeks to revise the Waqf Act, 1995, for greater accountability and transparency in the functioning of Waqf boards, along with mandating the inclusion of women in these bodies.

The Bill was introduced in Parliament last year amid uproar by the Opposition. It was subsequently sent to a Joint Committee of Parliament headed by BJP MP Jagadambika Pal for scrutiny. On February 13, the House panel submitted its report, which was approved by the Union Cabinet on February 19. However, Opposition MPs in the panel raised concerns over their proposed amendments being rejected and claimed their dissent notes had been redacted from the report without their knowledge. The panel accepted 14 changes suggested by NDA MPs. It is alleged that panel rejected all 44 changes proposed by the Opposition members.

Here are the five specific provisions of the new Waqf bill that have sparked controversy.

•Tweaks to the composition of the Central Waqf Council and state waqf boards. The bill makes it mandatory to include non-Muslims as its members.

• In dispute cases, a senior state government official will have the final say if a property is waqf or belongs to the government. Under the current law, these decisions are taken by the Waqf Tribunal.

• The bill also proposes changes to the composition of the Waqf Tribunal. According to the changed bill, the tribunal will comprise a district judge and a state government official in the ranks of a joint secretary. The decision of the tribunal can also be challenged in the High Court, according to the bill.

• The bill makes it compulsory for every waqf property to be registered on a central portal within six months of the law coming into force.

•The Act recognises waqf by user, and states that such properties remain waqfs even if the user does not exist. The Bill removes the waqf by user clause.

What are the popular myths associated with Bill?

Myth 1: Will Waqf properties be revoked?

● Fact: No property that is legitimately declared as waqf will be revoked.

Myth 2: Will there be no survey of Waqf properties?

● Fact: There will be a survey.

Myth 3: Will non-Muslims become the majority on Waqf Boards?

● Fact: The boards will also include non-Muslims but they will not form a majority.

Myth 4: Will Muslims’ personal land be acquired?

● Fact: No personal land will be acquired.

Myth 5: Will the government use this bill to take over waqf properties?

● Fact: The District Collector can review and verify if a property has been wrongly classified as waqf. But the official cannot seize the legitimately declared waqf properties.