Waqf Bill in Lok Sabha; What are the key changes made to the Act?

The Waqf (Amendment) Bill is slated for introduction in the Lok Sabha today, setting the stage for a contentious session as the Opposition prepares to fiercely contest it. The bill will be presented after the question hour, potentially followed by an eight-hour debate. Both the ruling NDA and the Opposition’s INDIA bloc have issued whips to ensure their MPs attend, but the NDA’s 293 members in the 542-seat Lower House give it a strong edge despite the charged atmosphere.

What Are Waqf Properties?

Waqf refers to properties set aside under Islamic law exclusively for religious or charitable purposes. These assets fund the maintenance of mosques and graveyards, support the creation of schools and healthcare facilities, and provide aid to the poor and disabled. Once designated as Waqf, these properties cannot be sold or repurposed.

What Does the Waqf Bill Entail?

The Waqf Amendment Bill, 2024, aims to revise the Waqf Act of 1995, focusing on better regulation of Waqf properties across India. The government asserts that the bill will enhance administrative oversight, rectify weaknesses in the 1995 legislation, improve Waqf board efficiency, streamline registration, and integrate technology to modernize record management.

The bill was first introduced in Parliament in August last year and subsequently referred to a joint parliamentary committee (JPC) for review. The JPC delivered its report in February this year.

Key Changes in the Bill

Here’s a breakdown of the major amendments proposed:

1. Unified Waqf Management: The bill seeks to rename the legislation as the Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995, hinting at a more cohesive management framework.
   
2. Non-Muslim Inclusion: In a notable shift, the bill mandates diversity in decision-making bodies. It requires two non-Muslim members on Waqf boards and opens positions for Members of Parliament, former judges, and eminent persons on the Council to non-Muslims. Among Muslim members, two must be women.
   
3. Waqf Formation Rules: The bill tightens eligibility for declaring a Waqf. Only individuals practicing Islam for at least five years and owning the property can establish a Waqf. It scraps the earlier rule allowing properties used long-term for religious purposes to be deemed Waqf and ensures waqf-alal-aulad (Waqf for descendants) doesn’t strip inheritance rights from heirs, including women. The Waqf Board’s authority to independently classify properties as Waqf is also removed.
   
4. Government Properties and Waqf: The bill specifies that government-owned properties previously tagged as Waqf will lose that status. Disputes will be settled by the Collector, who reports to the state.
   
5. Waqf Audits: Previously, state governments could audit Waqf accounts anytime. The bill shifts this power to the Central government, allowing audits by the Comptroller and Auditor General (CAG) or a designated officer.
   
6. Sect-Specific Waqf Boards: The original Act permitted separate Sunni and Shia Waqf Boards if Shia properties or income exceeded 15% in a state. The bill extends this to include Aghakhani and Bohra sects.
   
7. Waqf Tribunal Appeals: Under the 1995 Act, Waqf Tribunal rulings were final, with appeals barred except in rare cases where the High Court stepped in. The bill now permits appeals to the High Court within 90 days.