New Delhi

The Waqf (Amendment) Bill, 2024, the first significant piece of legislation introduced by the Modi 3.0 government, has sparked considerable controversy among Muslim organisations and the opposition.

The Bill, which seeks to streamline the registration process of Waqf properties via a central portal, was presented in the Parliament on Thursday.

It also proposes renaming the Waqf Act of 1995 as the Unified Waqf Management, Empowerment, Efficiency, and Development Act.

After it was introduced in the Lok Sabha, the bill has been refered to a Joint Committee of Parliament. JPCs are constituted by Speaker of Lok Sabha with members from all the parties who fine tune the bill before it is finally presented before the House as recommended by the committee.

What is Waqf?

Waqf refers to property dedicated exclusively to religious or charitable purposes under Islamic law. Once declared Waqf, the property cannot be revoked. The Bill's amendments aim to address this issue. There are approximately 30 Waqf boards in India, managing properties that cover over 9 lakh acres, with an estimated value of Rs 1.2 lakh crore, making them the third-largest landowners in the country after the Railways and the Defence Ministry.

Key features (amendments) in the Bill

The key amendment proposals in the Bill include the establishment of a Central Waqf Council and state Waqf Boards with representation from both Muslim women and non-Muslims. Some Muslim organisations are opposing the recommendation to give representation to non-Muslims.

The Bill stipulates that two women will be appointed to each state board as well as the central council.

One major change is that the District Collector will become the authority in determining whether a property belongs to Waqf or government land, replacing the Waqf Tribunal from the 1995 Act.

This shift is intended to address allegations of misuse of power by vested interests in property disputes. It means the District Collector will be the arbiter, which is also one of the suggestions not going down well with the opposition and Muslim leaders.

The Bill also proposes creating a separate Board of Auqaf for the Boharas and Aghakhanis and includes provisions for the representation of Shias, Sunnis, Bohras, and Aghakhanis on the Waqf boards AND POSSIBLY .

Additionally, the legislation seeks to grant the Centre the authority to direct audits of Waqf properties by auditors appointed by the Comptroller and Auditor General of India.

The Bill introduces a requirement for a valid 'Waqfnama', a formal deed or document expressing the intention to donate property as Waqf, replacing the current practice that allows Waqf to be established through oral agreements.

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Also, a non-Muslim chief executive officer and at least two non-Muslim members are proposed to be appointed by the state government to the Waqf boards at the state level.