The Waqf (Amendment) Bill, 2024: A Positive Move

Pramod Das

(pramoddas32@gmail.com)

 The Union Cabinet approved changes to the Waqf (Amendment) Bill,
 2024. The Cabinet accepted 14 of the 23 changes proposed by the Joint Parliamentary Committee (JPC). The bill was introduced to address issues with the management and ownership of Waqf properties in India. It aims to improve the administration and management of Waqf properties. Some provisions of the Bill attempt to address corruption and mismanagement.

In India, the formal recognition of Waqf was established during British reign, after the legislation of the Waqf Act of 1923, which aimed to regulate Waqf properties under a legal framework. After independence, the government enacted the Waqf Act of 1954, subsequently amending it in 1995 and in 2013. In India, waqf can be created through (i) the declaration of property through an oral or written deed, (ii) long-term use of land for religious or charitable purposes, and (iii) endowment upon the end of the line of succession. The creator of a waqf is a wakif. It is managed by an administrator (mutawalli). Waqf boards currently control 8.7 lakh properties spanning 9.4 lakh acres across India. India has the largest waqf holding in the world. The Sachar Committee (2006) estimated the market value of waqf properties at Rs 1.2 lakh crore.

Why did the Narendra Modi government want to amend the Waqf Act, 1995? Is it necessary? The answer is in the affirmative. The principle of “once a waqf, always a waqf” has led to numerous disputes and claims. Moreover, the unsatisfactory survey works of waqf properties by the survey commissioner contribute to anomalies. Under the current framework, tribunal decisions are deemed final, limiting the scope for appeal to the High Court. The government wants to bring accountability and proper governance and enhance justice delivery. Hence, the Bill introduces reforms such as digitization and enhanced audits.

The Waqf Board is bestowed with the pivotal responsibility of protecting and managing various properties, including mosques, burial sites, educational institutions, and various charitable organizations in the larger public interest. However, in recent years, the Board has come under significant scrutiny and criticism due to allegations of malpractice and mismanagement, which have negatively affected Muslims.

Let us understand the allegations and malpractices carried out by the Waqf Boards in India. The Waqf Board faces serious allegations of rampant corruption and financial misappropriation. The board members are accused of making illegal income from properties and leasing land at below-market rates to people with doubtful credentials. These anomalies have not only deprived the genuine beneficiaries of their due support but have also severely eroded public trust in the Waqf system.

Recently, the Waqf Board submitted a petition to the Gujarat High Court claiming ownership of two islands situated in Bet Dwarka, within the Devbhoomi Dwarka. In its submission, the Waqf Committee argued that these two islands are rightfully under the jurisdiction of the Waqf Board. However, upon reviewing the claim, the Gujarat High Court expressed suspicion. Subsequently, the court declined to proceed with the hearing of the petition.

In 1998, Mohammad Irfan Bedar, a businessman from Firozabad, Uttar Pradesh, requested the Uttar Pradesh Sunni Central Waqf Board to register the Taj Mahal as a waqf property. Bedar also wanted to be appointed as the custodian of the property. The board gave a verdict in favour of Bedar. The Archaeological Survey of India (ASI) opposed this claim and filed a petition in the Supreme Court. The Supreme Court asked the board to submit the original deed to the court with Shah Jahan’s signature. The board told the court that it had no such documents.

Let’s see the highlights of the Bill. The Bill changes the composition of the Central Waqf Council and Waqf Boards to include non-Muslim members. The Survey Commissioner has been replaced by the Collector, authorising him with powers to conduct surveys of waqf properties. Government property identified as waqf will discontinue being waqf. The district collector/commissioner will determine ownership of such properties. The supremacy of the Waqf Tribunal’s verdict has been revoked, and it provides for a direct appeal to the High Court.

Now, let’s see the difference in the composition of Waqf Boards in the Act, 1995, and Bill, 2024. Under the Act, the Central Waqf Council is chaired by the Union Minister in charge of waqf. Except the minister, all members of the Council must be Muslims. The Bill removes the requirement for certain members to be Muslim. Moreover, it mandates that two members must be non-Muslims. The Bill leaves room for 12 out of 22 Council members to be non-Muslim. The Act requires all members of state Waqf Boards to be Muslims. The Bill changes this to mandate at least two non-Muslim members and allows for seven out of 11 members to be non-Muslims. The Act mandates that two board members be women. The Bill amends this to mandate that two of the Muslim members be women. There is no such mandate for the non-Muslim members.

However, the 2024 Bill proposed allowing a non-Muslim Chief Executive Officer, and at least two non-Muslim members to be appointed by the state government to the waqf boards at the state level. The JPC amended this, ensuring that the government official on the board must be a Joint Secretary-level officer dealing with Waqf matters. Another amendment mandates the inclusion of a member in the Waqf Tribunal with expertise in Muslim law. The previous version of the Waqf Bill proposed that the tribunal have a sitting or retired district judge as chairperson and a Joint Secretary-level officer of the state government as a member.

To overcome the challenges, reforms are needed, including strict regulatory frameworks, strategic business plans, and community engagement. This amendment is expected to remove corruption and malpractice, modernize waqf governance, and strike a balance between preserving cultural heritage and upholding constitutional values in our country. Article 44 of the Indian Constitution states that the “State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India,” meaning it directs the government to create a common legal framework for matters like marriage, divorce, inheritance, and adoption, not dictated by religious personal laws. Hence, the Waqf Act, 1995, ought to be scrapped and should be replaced with a common system of Trustees of Religious Endowments. It will be another massive reform under the leadership of Prime Minister Narendra Modi after the scrapping of nearly 2,000 obsolete rules that had lost relevance with the passage of time.