New Delhi- Amid the hue and cry over ‘curtailing’ of powers of the Waqf Board, particularly by Muslim outfits, a contentious bill to amend 44 sections of the Waqf Act of 1995 – including changing it to ensure representation of non-Muslim individuals and Muslim women in central and state Waqf bodies – is likely to be tabled in the Lok Sabha on Thursday, news reports quoting official sources said on Wednesday.
The BJP-led NDA government is all set to introduce more than 40 amendments to the Act, by bringing two Bills in the ongoing Monsoon Session of Parliament.
Another bill will be introduced to abolish a 1923 Waqf Act.
Copies were given to Lok Sabha members Tuesday night ahead of its introduction.
The amendment will also rename the 1995 law as the Unified Waqf Management, Empowerment, Efficiency and Development Act.
The overall goal is to better manage Waqf properties, which refer to land set aside, under Islamic law, for religious or charitable purposes.
New Waqf Proposals
The Central Waqf Council and state Waqf Boards must have two women on the board.
The Council will now consist of a Union Minister, three MPs, three representatives of Muslim organisations, and three Muslim law experts. It will also include two ex-judges, either the Supreme Court or a High Court, four ‘people of national repute’ and senior union government officials.
At least two of these should be women.
Incidentally, these alterations required the creation of a non-Muslim category for the Council and Boards since MPs and government officials cannot be nominated for bodies on religious basis.
Under the new law notice is required before registering any property as Waqf. Further, this registration must take place on a centralised website.
Authority for survey of Waqf properties will now be given to the District Collector or their deputy. There will also be provision to lodge a High Court appeal within 90 days of the Board’s decision.
In addition, only practicing Muslims will be allowed to donate their property, movable or otherwise to the Waqf Council or Board. Also, only the legal owner can take this decision.
Under the current law, no Waqf property can be considered as such if there is dispute about its antecedents, particularly if there is a question about it being a government property. In such disputes officials will investigate and submit a report to the state, following which records will be adjusted.
In the new law, money received by the Waqf Board must be used for the welfare of widows, divorcees, and orphans, and that too in the manner suggested by the government.
Another key proposal is that women’s inheritances must be protected and ensured.
Among major proposed changes are omission of Section 40 from the existing legislation, which allows the Board to classify properties; this meant it could declare any of its properties as Waqf. Instead, the District Collector, a Civil Service official, will now make that decision.
It provides for a broad-based composition of the Central Waqf Council and the State Waqf Boards and ensures the representation of Muslim women and non-Muslims in such bodies.
The Bill also proposes the establishment of a separate board of Auqaf for the Bohras and Aghakhanis. The draft law provides for the representation of Shias, Sunnis, Bohras, Agakhanis and other backward classes among Muslim communities.
What is Waqf, how much land it holds?
Waqf is the permanent dedication of movable or immovable properties for religious, pious, or charitable purposes as recognized by Muslim law. It implies the endowment of property, whether moveable or immovable, tangible or intangible, to God by a Muslim, under the premise that the transfer will benefit the needy. There is a central Waqf board and several state boards.
The Waqf Act was first passed by Parliament in 1954. It was later repealed, and a new Waqf Act was passed in 1995, which gave more powers to Waqf Boards. In 2013, the Act was further amended to grant the Waqf Board extensive powers to designate property as ‘Waqf Property.’
The Waqf board is said to be the third-largest landholder in India after the Railways and the Defence department. Currently, there are 872,292 registered Waqf properties spread across 8 lakh acres. These properties generate Rs 200 crore in revenue. Approximately 200 individuals control the state Waqf boards.
Protest Over Proposed Changes
Sources said the government wants the passage of the bill to be “inclusive”, but will likely face fierce protests from the opposition and Waqf Boards across the country; the Tamil Nadu Board chief called the amendments a ploy by the ruling BJP to “weaken” and “destabilise” such organisations.
The All India Muslim Personal Law Board said any changes to the law “will not be tolerated”.
The government, however, has dismissed such claims. Sources told the idea of the amendment is to empower Muslim women and children who “suffered” under the old law.
The objective, sources declared, is also to curb illegal occupancy by Waqf boards, who, combined, have the largest land holdings in the country – around eight lakh acres; the Railways and the military have more but they are part of the government while the Waqf boards are private organisations.
Sources said the government is also willing to form a joint committee to study the bill.
Sources also claimed a “dangerous narrative” is being manufactured by certain Muslim clerics who are making wild statements that their land will be snatched. It has also been pointed out that these proposals are the results of extensive talks with stakeholders over the past two months.
The All India Sufi Sajjadanashin Council, for example, said Tuesday that it welcomed the government’s decision to alter the functioning of Waqf boards, saying it was long due.
The 1995 Wakf 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.
Oppn Demands Sending It To Parliamentary Panel
Opposition parties on Wednesday demanded that the Waqf (Amendment) Bill be sent to Parliament’s standing committee for scrutiny after it is introduced, with the government telling the Business Advisory Committee that it will take a call after assessing the sense of Lok Sabha.
The government said at the Committee’s meeting that it will not press for discussion on the Bill and its passage following its introduction in Lok Sabha on Thursday.
There is a strong possibility that the government may agree to refer the Bill, which is 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.
Parliamentary Affairs Minister Kiren Rijiju said at the meeting of the Committee, which includes members from major parties and where the government discusses its proposed agenda, that the government will take a call whether or not to send the bill for parliamentary scrutiny on Thursday, the sources said.
Congress MP Gourav Gogoi and Trinamool Congress MP Sudip Bandyopadhya were among the opposition members who made the demand to send the Bill to Parliament’s standing committee for scrutiny after it is introduced.
Incidentally, the department-related standing committees of Lok Sabha are yet to be constituted. The House may form a separate panel in the absence of the standing committee to scrutinise the Bill in case the government decides on such a course of action.
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