New Delhi

The Union government announced on Tuesday that the Waqf (Amendment) Bill will be tabled in the Lok Sabha on April 2, soon after the Question Hour and will be followed by a comprehensive and detailed discussion extending up to eight hours. IANS brings a complete history and facts of the Bill and the controversy surrounding it.

On August 8, 2024, two bills, the Waqf (Amendment) Bill, 2024, and the Mussalman Wakf (Repeal) Bill, 2024, were introduced in the Lok Sabha with an aim to streamline the Waqf Board's work and ensure the efficient management of Waqf properties.

The 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 previous act and enhance the efficiency of Waqf boards by introducing changes such as renaming the Act; updating the definitions of Waqf; improving the registration process; and increasing the role of technology in managing Waqf records.

The following FAQs provide an understanding of the Waqf Amendment 2024 Bill.

What are the administrative bodies responsible for Waqf management in India and what are their roles?

The administration of Waqf properties in India is presently governed by the Waqf Act, 1995, which is enacted and regulated by the Central Government. The key administrative bodies involved in Waqf management include:

The Waqf Act of 1995 regulates Waqf properties. The main administrative bodies are: Central Waqf Council (CWC) – Advises the government and State Waqf Boards on policy but does not directly control Waqf properties; State Waqf Boards (SWBs) – Manage and protect Waqf properties in each state; and Waqf Tribunals – Exclusive judicial bodies that handle disputes related to Waqf properties.

This system ensures better management and faster resolution of issues. Over the years, legal changes have made Waqf administration more transparent, efficient, and accountable.

What are the issues concerned with Waqf Board?

Irrevocability of Waqf Properties: The principle "once a Waqf, always a Waqf" has led to disputes, such as claims over islands in Bet Dwarka, which have been deemed perplexing by courts as well.

Legal Disputes; Poor Management: The Waqf Act, 1995, and its 2013 amendment have not been effective. Some problems include illegal occupation of Waqf land; mismanagement and ownership disputes; delays in property registration and surveys; and large-scale litigation cases and complaints to the Ministry.

No judicial oversight

Decisions by Waqf Tribunals cannot be challenged in higher courts. This reduces transparency and accountability in Waqf management.

Incomplete survey of Waqf properties

The Survey Commissioner’s work has been poor, leading to delays; in states like Gujarat and Uttarakhand, surveys have not yet begun; in Uttar Pradesh, a survey ordered in 2014 is still pending; lack of expertise and poor coordination with the Revenue Department have slowed the registration process.

Misuse of Waqf Laws

Some State Waqf Boards have misused their powers, leading to community tensions; Section 40 of the Waqf Act has been widely misused to declare private properties as Waqf properties, causing legal battles and unrest; As per information out of 30 States/UTs, data was given only by 8 States where 515 properties have been declared as Waqf under Section 40.

Constitutional validity of the Waqf Act

The Waqf Act applies only to one religion, while no similar law exists for others; and a PIL (Public Interest Litigation) has been filed in the Delhi High Court, questioning whether the Waqf Act is constitutional. The Delhi High Court has asked the Central Government to respond to this issue.

What steps and stakeholder consultations were undertaken by the Ministry before introducing the bill?

The Ministry of Minority Affairs consulted various stakeholders which interalia includes; report of the Sachar Committee, concern raised by public representatives, Media and general public regarding mismanagement, misuse of powers of Waqf act and underutilization of Waqf Properties by the Waqf institutions. The Ministry also consulted with State Waqf Boards.

The Ministry initiated the process of review of provisions of Waqf Act, 1995 and had consultations with stakeholders. Two meetings were conducted- one in Lucknow on 24.07.23 and another one at New Delhi on 20.07.23 wherein most of the following issues were discussed in detail. The consensus was emerged to make suitable amendment in the Act to solve the problems of the affected stakeholders.

Widening the Base of CWC (Central Waqf Council) and SWB (State Waqf Board)

Role and responsibilities of Mutawallis; re-structuring of tribunals; improve the process of registration; declaration of titles; survey of Waqf properties; mutation of Waqf properties; filing of accounts by Mutawallis; reforms in filing annual accounts; review of provisions related to evacuee properties/limitation act; and scientific management of Waqf properties.

Further, the Ministry has also analysed the international practices on Waqf management across other countries such as the Kingdom of Saudi Arabia, Egypt, Kuwait, Oman, Pakistan, Bangladesh and Turkey and found that the Waqf Properties are generally regulated by the Laws and Institutions set up by the government.

What was the process of the introduction of Waqf Amendment Bill 2024?

The Waqf Amendment Bill 2024 has been introduced with the primary objective of addressing shortcomings in the management and governance of Waqf properties on August 8, 2024; on August 9, 2024, both Houses of Parliament referred the Bill to a Joint Committee of 21 Lok Sabha and 10 Rajya Sabha members to examine and report on it; keeping in view the importance of the Bill and its wide ranging implications, the Committee had decided to call memoranda to obtain the views from public in general and experts/stakeholders and other concerned organisations in particular on the provisions of the aforesaid Bill.

Tthe Joint Parliamentary Committee held 36 sittings wherein, they heard the views/suggestions of the representatives of various Ministries/Departments such as: Ministries of Minority Affairs, Law and Justice, Railways (Railway Board), Housing and Urban Affairs, Road Transport and Highways, Culture (Archaeological Survey of India), State Governments, State Waqf Boards and experts/stakeholders.

The first sitting took place on August 22, 2024 and the key organisations/ stakeholders consulted during the sittings were All India Sunni Jamiyatul Ulama, Mumbai; Indian Muslims of Civil Rights (IMCR), New Delhi; Muttaheda Majlis-e- Ulema, J&K (Mirwaiz Umar Farooq); Zakat Foundation of India; Anjuman E Shiteali Dawoodi Bohra Community; Chanakya National Law University, Patna; All India Pasmanda Muslim Mahaaz, Delhi; All India Muslim Personal Law Board (AIMPLB), Delhi; All India Sufi Sajjadanashin Council (AISSC), Ajmer; Muslim Rashtriya Manch, Delhi; Muslim Women Intellectual Group - Dr. Shalini Ali, National Convener; Jamiat Ulama-i-Hind, Delhi; Shia Muslim Dharamguru and Intellectual Group; and Darul Uloom Deoband.

Here are the main differences between the Waqf Act, 1995 and the Waqf (Amendment) Bill, 2024.

Name of the Act: The Waqf Act, 1995 is the original law governing Waqf properties in India. The Waqf (Amendment) Bill, 2024 renames the act to "Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995," which reflects a broader focus on management and governance.

Formation of Waqf:

Under the Waqf Act, 1995, Waqf properties can be formed through a declaration by the donor or by an act of endowment.

The Waqf (Amendment) Bill, 2024 specifies that properties can only be declared as Waqf by a practicing Muslim who has been such for at least five years. It also ensures that women’s rights to inheritance are respected before any dedication to Waqf.

Government Property as Waqf:

The Waqf Act, 1995 does not have specific provisions on government property being declared as Waqf. The Waqf (Amendment) Bill, 2024 introduces a provision where government properties identified as Waqf cease to be considered as Waqf, and disputes over such properties will be resolved by the Collector.

Survey and Registration of Waqf Properties:

The Waqf Act, 1995 mandates that Waqf properties be surveyed, but this has often been incomplete or delayed in implementation.

The Waqf (Amendment) Bill, 2024 emphasises that surveys will be carried out by Collectors under state revenue laws, ensuring proper identification and registration of Waqf properties.

Composition of the Central Waqf Council:

The Waqf Act, 1995 requires the Central Waqf Council to consist entirely of Muslims. The Waqf (Amendment) Bill, 2024 changes this composition by including two non-Muslims and two Muslim women members to ensure broader representation and diversity.

Tribunal Composition:

Under the Waqf Act, 1995, Waqf Tribunals are headed by a judge along with Muslim law experts. The Waqf (Amendment) Bill, 2024 replaces Muslim law experts with a District Court judge and a joint secretary from the Ministry of Minority Affairs, making the tribunal more legally structured.

Appeal on Tribunal Orders:

The Waqf Act, 1995 does not allow easy appeal from Waqf Tribunal decisions. The Waqf (Amendment) Bill, 2024 permits appeals to the High Court within 90 days of the Tribunal’s decision, providing an opportunity for further judicial scrutiny.

Powers of the Central government:

The Waqf Act, 1995 gives the Central government the power to issue directions to State Waqf Boards but does not explicitly define the power to make detailed rules. The Waqf (Amendment) Bill, 2024 gives the Central Government explicit powers to issue rules regarding Waqf registration, auditing, and property management, ensuring greater central oversight.

Misuse of Waqf Laws:

Under the Waqf Act, 1995, there were provisions, especially under Section 40, that allowed Waqf Boards to declare private and even government properties as Waqf, which led to widespread misuse and disputes. The Waqf (Amendment) Bill, 2024 removes Section 40 and ensures that only properties that are genuinely dedicated to Waqf by Muslims are registered as such, protecting non-Muslim properties from arbitrary declarations.

In essence, the Waqf (Amendment) Bill, 2024 aims to modernize and improve the governance of Waqf properties by addressing the inefficiencies and legal loopholes present in the Waqf Act, 1995, promoting greater transparency, accountability, and inclusion in the management of Waqf assets.

The Committee received 97,27,772 memoranda in total, through both physical and digital mode.

To thoroughly review the Waqf Amendment Bill, 2024, the Committee conducted detailed study visits across multiple cities in India. These visits helped members engage with stakeholders, assess ground realities, and gather region-specific insights on Waqf property management.

The details of the study visits in 10 cities are as under Sept 26 – Oct 1, 2024: Mumbai, Ahmedabad, Hyderabad, Chennai, Bengaluru; Nov 9 – 11, 2024: Guwahati, Bhubaneshwar; Jan 18 – 21, 2025: Patna, Kolkata, Lucknow; the Committee consulted 25 State Waqf Boards (7 in Delhi, 18 during visits) to discuss administrative challenges and legal hurdles; thereafter, the Joint Committee completed Clause by Clause consideration of all Clauses of the Bill at their 37th sitting held on 27th January, 2025.

The amendments moved by the Members were put to vote and adopted by majority votes; the Adoption draft report and authorised the Chairperson to present the report on their behalf. The 38th sitting was held on 29th January, 2025; and the Joint Committee submitted its report to the Speaker of Lok Sabha on January 31 and laid in both the Houses of the Parliament on 13 February, 2025.