TAG: GS 2: POLITY
THE CONTEXT: The Indian government is poised to introduce the Waqf (Amendment) Bill, 2024 in the Lok Sabha, aiming to modify the existing Waqf Act of 1995.
EXPLANATION:
- This move has sparked significant controversy, with opposition parties and Muslim organizations voicing their strong resistance to the proposed changes.
- The amendment bill seeks to introduce several key alterations, particularly by expanding the role of the district collector in resolving disputes related to Waqf properties and altering the mechanisms for the management and registration of these properties.
Key Amendments Proposed in the Bill
- Introduction of the District Collector as Arbiter
- One of the most significant changes proposed by the new Bill is the inclusion of the district collector as an authority to determine the status of a property—whether it is a Waqf property or government land.
- The Bill introduces clause 3C to the existing Act, which stipulates that any government property identified as Waqf property, either before or after the commencement of the Act, will not be automatically deemed as such.
- Instead, if any dispute arises regarding the classification of a property, it will be referred to the district collector, who will conduct an inquiry and submit a report to the state government.
- Importantly, during this inquiry process, the property in question will not be treated as Waqf property until the collector submits his findings.
- This amendment marks a significant shift from the 1995 Act, where the Waqf tribunal exclusively decided such matters, and its decision was considered final.
- The proposed Bill seeks to remove the finality of the tribunal’s decisions, thereby granting the government more authority in the determination of Waqf properties.
- Elimination of “Waqf by Use” Concept
- The Bill also proposes to abolish the concept of “Waqf by use,” which allowed properties to be deemed as Waqf based on their continuous use for religious or charitable purposes, even in the absence of a formal declaration or documentation.
- Traditionally, under Islamic law, properties could be dedicated as Waqf through oral declarations, which were later documented.
- The new amendments, however, would require a valid Waqf deed for a property to be recognized as Waqf, making properties without proper documentation susceptible to being contested as Waqf properties.
- This change has significant implications for many religious and community properties that have been used as Waqf for generations but lack formal documentation.
- By removing the provisions for Waqf by use, the Bill potentially undermines the status of such properties, making them vulnerable to disputes and reclassification.
- Changes to the Registration Process and Role of the District Collector
- The proposed amendments also introduce changes to Section 36 of the Waqf Act, 1995, which deals with the registration of new Waqf properties.
- The new provisions require that no Waqf can be created without the execution of a Waqf deed.
- Additionally, the Waqf Board is now mandated to forward applications for Waqf property registration to the district collector, who will verify the genuineness and validity of the application.
- If the collector finds that the property is in dispute or identifies it as government land, the Waqf property will not be registered unless the dispute is resolved by a competent court.
- This amendment places considerable power in the hands of the district administration and potentially limits the autonomy of Waqf Boards in managing and registering Waqf properties.
- Removal of the Requirement for a Muslim CEO in Waqf Boards
- Another noteworthy change proposed by the Bill is the removal of the provision that required the Chief Executive Officer (CEO) of a Waqf Board to be a member of the Muslim community.
- The original Act stipulated that the CEO must be a Muslim, ensuring that the leadership of Waqf Boards was in line with the religious and cultural context of the properties they managed.
- The proposed amendment removes this requirement, which could lead to leadership changes that may not align with the traditional expectations of the community.
Controversy
- The introduction of the Waqf (Amendment) Bill has been met with fierce opposition from several political parties and Muslim organizations.
- The All India Muslim Personal Law Board (AIMPLB) has voiced strong objections, asserting that any interference with the nature and legal status of Waqf properties and the powers of Waqf Boards will not be tolerated.
- The AIMPLB and other opposition groups have called on the National Democratic Alliance (NDA) allies and opposition parties to reject the amendments outright, fearing that they could undermine the autonomy and traditional practices of Waqf management.
Government’s Justification and Call for Reforms
- In contrast, the government and its supporters argue that the amendments are necessary to introduce greater transparency and efficiency in the management of Waqf properties.
- They contend that these reforms will help modernize the administration of Waqf assets, ensuring that they are managed more effectively and in line with contemporary standards of governance.
- The former Vice-Chancellor of Aligarh Muslim University has called for a dispassionate analysis of the proposed reforms.
- He suggests that while there may be concerns, proposals aimed at improving social justice, gender equity, and the inclusion of marginalized groups in Waqf Boards, as well as leveraging technology for better management, should be welcomed.
- He also points out that these changes could align India’s Waqf management practices with those of other Islamic nations where Waqf organizations operate as public entities engaged in charitable activities.