New Delhi

The Waqf (Amendment) Bill 2024, which has triggered intense public debate and invited criticism of Opposition parties, is not the first legislation aiming to refine the Waqf Act, 1995, as a similar amendment to the law was carried out by the UPA government in 2013.

The Statement of Objects and Reasons of the Waqf (Amendment) Bill 2024 says that “comprehensive amendments were made in the Act in the year 2013.”

It goes on to say: “Despite the amendments, it has been observed that the Act still requires further improvement to effectively address issues related to the powers of the State Waqf Boards, registration and survey of waqf properties, removal of encroachments, including the definition of the waqf itself.”

It says that the amendment to the Act in 2013 was carried out on the basis of the recommendations of the High-Level Committee under the chairmanship of Justice (Retired) Rajinder Sachar and the Report of the Joint Parliamentary Committee on Waqf and Central Waqf Council, and after having detailed consultation with other stakeholders.

A key objective of the Bill 2024 is the renaming of the Waqf Act, 1995, as the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995.

Waqf (Amendment) Bill 2024 also aims to clearly define “Waqf” as Waqf by any person practicing Islam for at least five years and having ownership of such property, and ensure that the creation of Waqf-Alal-Aulad does not lead to the denial of inheritance rights to women.

Other objectives of the Bill include: Omitting the provisions relating to the “Waqf by user”; providing the functions of the Survey Commissioner to the Collector or any other officer not below the rank of Deputy Collector duly nominated by the Collector for the survey of waqf properties; providing for a broad based composition of the Central Waqf Council and the State Waqf Boards and ensuring the representation of Muslim women and non-Muslims and providing for establishment of separate Board of Auqaf for Boharas and Aghakhanis.

Another key objective of the Waqf (Amendment) Bill, 2024, is to amend the Waqf Act, 1995, to redress the issues and challenges in regulating and managing waqf properties. The Amendment Bill seeks to improve the administration and management of Waqf properties in India.

It aims to overcome the shortcomings of the Act and enhance the efficiency of Waqf boards by introducing changes such as improving the registration process and increasing the role of technology in managing Waqf records.

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The Waqf (Amendment) Bill 2024 is expected to be tabled in Lok Sabha on Wednesday, prompting the ruling BJP and Opposition Congress and the Samajwadi Party to issue a whip to their MPs for the next three days.

The discussion and the subsequent approval of the Bill are also being seen as an opportunity for a show of strength by Prime Minister Narendra Modi and his government to assert the NDA’s numerical superiority in the lower house.