Waqf Amendment Bill, 2024: A Bold Reform for Transparency, Accountability, and Inclusive Governance

The Waqf (Amendment) Bill, 2024, introduced in the Lok Sabha on August 8, 2024, represents a significant overhaul of India’s 29-year-old Waqf governance system. This legislative reform aims to address systemic inefficiencies, legal ambiguities, and administrative shortcomings that have hindered the proper management of Islamic charitable endowments across the country. The amendments seek to modernize Waqf administration while balancing religious autonomy with governmental oversight.

The Waqf Act of 1995 created a framework for managing Muslim religious properties, but several critical issues emerged over time. One major problem was the principle of “once a Waqf, always a Waqf,” which led to disputes over land ownership, including controversial claims on islands near Bet Dwarka and other properties. The 2024 Bill removes Section 40 of the original Act, which had empowered Waqf Boards to unilaterally declare properties as Waqf, often resulting in litigation over private and government lands.

Another persistent issue was the lack of judicial oversight. Previously, decisions by Waqf Tribunals could not be appealed in higher courts, creating concerns about accountability. The amendment now permits appeals to High Courts within 90 days, ensuring a fairer dispute resolution process. Additionally, the Bill mandates comprehensive digital record-keeping through a centralized Waqf portal, addressing the problem of incomplete surveys and mismanagement that left many properties vulnerable to encroachment.

Key Reforms and Their Implications

1. Structural Reorganization
   The Bill renames the original Act as the “Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995,” reflecting its broader governance objectives. It restructures the composition of Waqf Boards to include two non-Muslim members, marking a shift toward more inclusive administration. Women’s representation has also been strengthened, with provisions ensuring female heirs receive inheritance rights before properties are dedicated to Waqf.
2. Technology-Driven Transparency
   The new digital management system will automate property registration, financial audits, and litigation tracking. This move is expected to curb corruption and improve accountability, particularly in states like Uttar Pradesh and Karnataka, where Waqf land disputes have been widespread.
3. Financial and Legal Reforms
   The Bill reduces the mandatory annual contribution from Waqf institutions to Waqf Boards from 7% to 5%, freeing up more funds for charitable activities. It also applies the Limitation Act, 1963, to Waqf-related disputes, preventing indefinite litigation over property claims.
4. Protection of Government Land
   To resolve conflicts over public properties mistakenly classified as Waqf, the amendment empowers revenue officers (Collectors) to investigate and settle such cases. This addresses situations like the 2024 dispute in Bihar, where an entire village was erroneously declared Waqf property.

Socioeconomic Impact

Waqf properties, estimated to span over 800,000 acres across India, hold immense potential for social welfare. Historically, mismanagement has limited their use for purposes like education, healthcare, and housing for underprivileged Muslims. The reforms aim to unlock this potential by:

• Increasing revenue through better land utilization and lease management
• Ensuring funds are properly audited and directed toward welfare schemes
• Preventing illegal occupations that have deprived communities of benefits

For example, in Karnataka, disputed Waqf lands could now be developed into schools or hospitals, while in Tamil Nadu, farmers entangled in Waqf litigation may finally gain clarity over land ownership.

The inclusion of non-Muslim members in Waqf Boards has sparked debate, with some questioning their role in religious endowments. However, the government emphasizes that their participation is limited to administrative and financial oversight, not theological matters. Similarly, the removal of the “Waqf by user” provision (where long-term use of land could classify it as Waqf) prevents arbitrary claims while respecting Islamic endowment principles.

The Waqf (Amendment) Bill, 2024, represents a pragmatic approach to modernizing Islamic charitable governance in India. By introducing technology, accountability mechanisms, and inclusive governance, it seeks to transform Waqf properties from contentious assets into engines of social development. While the reforms have drawn mixed reactions from Muslim organizations, their successful implementation could set a global benchmark for managing religious endowments in secular democracies. As the Bill moves toward enactment, its real test will lie in balancing efficient administration with the preservation of Waqf’s spiritual and charitable ethos.