The Indian government has proposed significant amendments to the Waqf Act of 1995, which are expected to bring extensive changes to the administration and regulation of Waqf properties across the country. These changes are aimed at improving transparency, accountability, and inclusivity in Waqf boards, which manage religious endowments for the benefit of the Muslim community.
Key Provisions of the Amendment Bill
Renaming the Act: The proposed bill seeks to rename the Waqf Act, 1995, to the Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995. This new name reflects the broader scope and objectives of the amendments, emphasizing a more integrated and efficient approach to managing Waqf properties.
Inclusion of Women and Non-Muslims: One of the notable changes in the bill is the mandatory inclusion of Muslim women and non-Muslims in Waqf boards. This move is aimed at enhancing the diversity and representation within these bodies, ensuring that they are more reflective of the community they serve.
Verification and Registration of Properties: The bill mandates that all Waqf properties must be registered with district collectors to ensure their accurate valuation. This is intended to address discrepancies in the current system, where the revenue generated from Waqf properties is not commensurate with the vast number of assets under their management. According to official estimates, there are over 8,72,292 registered Waqf properties in India, covering more than eight lakh acres of land.
Enhancing Transparency and Accountability
Restructuring of Waqf Boards: The proposed amendments include restructuring Waqf boards to enhance their transparency and accountability. This involves a more rigorous verification process for disputed lands and a requirement for fresh verification before a board can declare a property as Waqf land. These measures are intended to prevent misuse and ensure that Waqf properties are used solely for the welfare of the Muslim community.
Addressing Judicial Review: The amendments also seek to rectify issues related to judicial review. Currently, decisions made by Waqf boards are often not subject to challenge in courts, a point that has been flagged by some high court judges. The new bill aims to change this, allowing for greater oversight and accountability of Waqf board decisions.
Reactions and Implications
Support and Criticism: The proposed amendments have elicited mixed reactions. Supporters within the Muslim community, including some political leaders and legal experts, see the changes as necessary for improving the governance of Waqf properties. They argue that increased transparency and inclusivity will benefit the community as a whole.
Conversely, critics, including some members of the All India Muslim Personal Law Board (AIMPLB) and political figures like Asaduddin Owaisi, have expressed concerns. They argue that the amendments could be part of a broader agenda to undermine the autonomy of Waqf boards. Some have also pointed out that these changes might be driven by a “Hindutva agenda” aimed at reducing the influence of Muslim institutions.
Historical Context and Future Prospects: The demand for reform in Waqf board administration is not new. It has been ongoing for several decades, with various commissions and parliamentary committees recommending changes. The Justice Sachar Commission, for instance, highlighted the need for better management and accountability of Waqf properties. The current amendments draw on these longstanding recommendations and are part of a broader effort to modernize the governance of religious endowments in India (–).
The introduction of the Waqf (Amendment) Bill marks a significant step in this ongoing process. If passed, it could lead to substantial improvements in the management of Waqf properties, though it will also need to navigate the complex landscape of community reactions and political implications.
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