What is Waqf Bill? A look at key provisions and opposition's concerns

Waqf Boards currently control 8.7 lakh properties spanning 9.4 lakh acres across India

The Lok Sabha session kicked off on a stormy note on Wednesday as Union Minority Affairs Minister Kiren Rijiju tabled the Waqf (Amendment) Bill, 2024

.At the heart of the debate lies the proposed amendments to the Waqf Act, 1995, which aim to reform the governance of Waqf properties. The changes, framed as efforts to bring greater accountability and transparency, have sparked significant opposition from both lawmakers and the Muslim community.

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.

To better understand the contentious nature of the Waqf (Amendment) Bill, let us explore the existing Waqf laws, the proposed changes and the significance of these amendments.

What is a Waqf property and how is it governed?

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.

The law mandates the appointment of a survey commissioner to compile a list of Waqf properties, conduct investigations, summon witnesses, and requisition public documents. It also includes provisions to protect Waqf properties from encroachment, with penalties including imprisonment for violators. Amendments made in 2013 further reinforced these protections by explicitly prohibiting the sale, exchange, or transfer of such properties.

What major changes have been proposed to the Waqf Act?

Among the key changes proposed to the Waqt Act is renaming the law to the Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995. This proposal signals towards the government’s aim to modernise the management of Waqf properties.

The bill also adds new provisions that focus on ownership and governance of Waqf properties:

- Only lawful property owners can create a Waqf. This seeks to prevent cases where unclear ownership leads to disputes
- Government properties “identified or declared as Waqf property, before or after the commencement of this Act, shall not be deemed to be a Waqf property”
- Disputes over whether land is government property or Waqf property will be resolved by district Collectors, not Waqf Tribunals

Another significant amendment removes the concept of “Waqf by use”. Currently, properties continuously used for religious purposes, like mosques and graveyards, can be considered Waqf even without formal documentation. The bill requires official deeds (Waqfnamas) for properties to be recognized as Waqf. This change could affect several historic properties that lack documentation.

Further, the bill proposes to alter the composition of state Waqf Boards. It allows the appointment of non-Muslim Chief Executive Officers (CEOs) and includes at least two non-Muslim members in each state Waqf Board. Supporters see this as a step towards inclusivity, while critics view it as an erosion of community control.

Supporters of the bill argue that the amendments are essential to modernize the Waqf governance framework, ensure transparency, and resolve disputes efficiently. By introducing central oversight and empowering collectors, the government aims to address long-standing issues of encroachment and misuse of Waqf properties.

Opponents, however, view the bill as an encroachment on the autonomy of Waqf boards and an attempt to centralize control over Muslim endowments. They caution that the changes could marginalize the community and compromise the original intent of Waqf properties as instruments of religious and social good.

How well have JPC meetings fared so far - A timeline

Opposition MPs on Monday (November 25) met Lok Sabha speaker Om Birla and urged him for an extension of the JPC reviewing the Waqf (Amendment) Bill, 2024. They asked for more time stating that stakeholders need to share their concerns about the controversial bill, which proposes sweeping changes to the Waqf Act of 1995.

The JPC, tasked with examining the bill, has already conducted several meetings since August. The committee is gathering input from various stakeholders, including government officials, legal experts, Waqf Board representatives and community leaders from across the country. However, as the review process unfolds, disagreements and dramatic developments have marked its meetings.

Contentious start

The JPC's first meeting, held on August 22, sparked immediate debate. Opposition parties strongly opposed the proposed inclusion of non-Muslim members in state Waqf Boards and the Central Waqf Council. The Ministry of Minority Affairs presented the key amendments, which aim to introduce stricter governance mechanisms, but these were met with significant resistance.

On August 30, the JPC invited public input, calling for suggestions from NGOs, legal experts, and other stakeholders. By September 5, discussions shifted to presentations from the Urban Development, Railways and Road Transport ministries. A focus on disputed Waqf properties in Delhi revealed concerns about legal battles and public expenses tied to such disputes.

Heated debates and protests

The September 18 meeting was postponed due to some technical reasons, but tensions resurfaced during the September 19 session. Representatives from the All India Pasmanda Muslim Mahaaz and the All India Muslim Personal Law Board debated amendments for several hours.

Protests against the amendments grew during the September 27 meeting in Ahmedabad, where Mufti Shabbir Ahmed Siddiqui, Imam of Shahi Jama Masjid, boycotted the session over the exclusion of his committee members. The Gujarat Coordination Committee for Waqf Amendment Bill submitted a 172-page document opposing the proposed changes.

At an October 14 meeting, the Jamiat Ulema-e-Hind presented its objections, prompting a walkout by several opposition MPs, who accused the committee of procedural lapses.

Chaos in October

The October 22 meeting saw high drama when Trinamool Congress MP Kalyan Banerjee was suspended for a day following an altercation with BJP MP Abhijit Gangopadhyay. The clash occurred when JPC was hearing depositions from Cuttack-based Justice in Reality, and Panchasakha Bani Prachar Mandali and Banerjee requested to intervene. Soon after, an altercation broke out between Banerjee and BJP MP Abhijit Gangopadhyay over the TMC MP hindering the proceedings of the JPC.

The agitated TMC MP smashed a glass water bottle during the argument and in the process, he hurt his thumb and index finger and had to be given first aid.

On October 29, tensions escalated further after the Delhi Waqf Board unexpectedly supported the bill’s provisions. Opposition MPs labeled this support "illegal" and staged a boycott.

Growing divide

The repeated boycotts and confrontations showed the deep divisions over the Waqf (Amendment) Bill. Opposition MPs have criticized the government for attempting to centralize control over Waqf properties and undermining the autonomy of Waqf Boards.

As the JPC's tenure nears its end, opposition parties are pushing for more time to ensure all voices are heard. With protests mounting and stakeholders deeply divided, the debate over the Waqf (Amendment) Bill shows no signs of subsiding.