Exposing Misinformation and Fear Mongering on the Waqf Amendment Bill: Key FAQs Explained
by https://www.facebook.com/tfipost, TFI Desk · TFIPOST.comThe Waqf Amendment Bill, 2024 seeks to revise the Waqf Act, 1995 to address challenges in regulating and managing Waqf properties. Key objectives of the amendment include addressing shortcomings in the existing law and enhancing the efficiency of Waqf Boards, revising definitions related to Waqf, streamlining the registration process and integrating technology to improve Waqf record management. Here are the frequently asked questions (FAQs) related to the Waqf Amendment Bill, 2024.
Frequently Asked Questions (FAQs)
1) Which administrative bodies oversee Waqf management in India?
Waqf properties in India are regulated under the Waqf Act, 1995, which is enforced by the Central Government. The key administrative bodies include:
- Central Waqf Council (CWC): Provides policy guidance to the government and State Waqf Boards but does not directly manage Waqf properties.
- State Waqf Boards (SWBs): Oversee the management and protection of Waqf properties at the state level.
- Waqf Tribunals: Exclusive judicial bodies that handle disputes related to Waqf properties.
This framework aims to ensure effective governance and quick resolution of Waqf-related issues.
2) What are the major concerns regarding Waqf Boards?
1. Irrevocability of Waqf Properties
- The contentious principle “once a Waqf, always a Waqf” has led to complex legal disputes, such as claims over islands in Bet Dwarka.
2. Legal Disputes & Poor Management
- Issues include illegal occupation, mismanagement, disputes over ownership, delays in property registration as well as surveys and excessive litigation, complaints to the Ministry.
3. Lack of Judicial Oversight
- Decisions made by Waqf Tribunals cannot be challenged in higher courts, leading to reduced transparency and accountability.
4. Incomplete Surveys of Waqf Properties
- Poor execution by Survey Commissioners has led to long delays. In some states like Gujarat and Uttarakhand, surveys have not even begun.
5. Misuse of Waqf Laws
- Certain State Waqf Boards have misused their authority, leading to legal battles as well as create tensions among communities.
- Section 40 of the Waqf Act has been exploited to claim private properties as Waqf, creating widespread disputes.
6. Constitutional Validity
- The Waqf Act applies exclusively to one religion, raising constitutional concerns. A PIL filed in the Delhi High Court has challenged its validity, and the court has sought the Central Government’s response.
3) What consultations were conducted before introducing the bill?
The Ministry of Minority Affairs held discussions or incorporate views of various stakeholders, including:
- Sachar Committee reports
- Concerns raised by public representatives, media, and the general public
- Feedback from State Waqf Boards
Meetings were conducted in Lucknow (July 24, 2023) and New Delhi (July 20, 2023) to discuss key challenges, including:
- Expanding representation in CWC & SWBs
- Strengthening Waqf property registration & survey processes
- Reforming financial accountability of Mutawallis
- Addressing disputes over evacuee properties
- Implementing digital management systems
Additionally, international practices from countries like Saudi Arabia, Egypt, Kuwait, Oman, Pakistan, Bangladesh, and Turkey were studied.
4) What was the process of introducing the Waqf (Amendment) Bill, 2024?
- Introduced in the Lok Sabha on August 8, 2024
- Referred to a Joint Parliamentary Committee (JPC) on August 9, 2024 for review
- The JPC held 36 sittings with representatives from ministries, state governments, and State waqf boards, stakeholders
- Study visits were conducted across 10 cities (Mumbai, Ahmedabad, Hyderabad, Chennai, Bengaluru, Guwahati, Bhubaneswar, Patna, Kolkata, Lucknow)
- After a clause-by-clause review, the JPC report was submitted on January 31, 2025, and presented in Parliament on February 13, 2025
5) What are the key reforms introduced in the Waqf (Amendment) Bill, 2024?
The proposed amendments aim to:
- Enhance governance, transparency, and accountability in Waqf administration
- Introduce a digital portal for efficient property management
- Strengthen financial monitoring and require Waqf Boards to submit regular reports
6) How does the Waqf (Amendment) Bill, 2024 differ from the Waqf Act, 1995?
| Category | Waqf Act, 1995 | Waqf (Amendment) Bill, 2024 |
|---|---|---|
| Act Name | The Waqf Act, 1995 | Renamed Unified Waqf Management Act, 1995 |
| Formation of Waqf | Allowed by declaration, user, or endowment | Waqf by user removed; only declaration or endowment allowed |
| Government Property as Waqf | No clear provision | Government properties cannot be declared as Waqf |
| Survey of Waqf | Conducted by Survey Commissioners | Now conducted by Collectors under state revenue laws |
| Tribunal Composition | Included a Muslim law expert | Expert removed; only a District Court judge & joint secretary |
| Appeals on Tribunal Orders | Limited High Court review | Appeals allowed within 90 days |
| Representation in Waqf Boards | Only Muslims | Includes two non-Muslims for diversity |
7) What key reforms were recommended by the Joint Committee?
- Separation of Trusts from Waqf: Ensuring full control of Muslim-created trusts under separate legal frameworks
- Technology Integration: Digital portal for property management, audits, and litigation
- Women’s Rights in Family Waqf: Women must receive their rightful inheritance before Waqf dedication
- Improved Accountability: Mutawallis must register property details within six months
- Stronger Tribunal Oversight: Fixed tenure and a structured selection process for Waqf Tribunal members
- Fairness in Waqf Claims: Section 40 removed to prevent arbitrary claims on private properties
- Lower Annual Contributions: Reduced mandatory contributions from 7% to 5%
8) Are there instances where non-Muslim properties were declared as Waqf?
Yes, data from 25 State/UT Waqf Boards (as of September 2024) shows 5,973 government properties declared as Waqf, including:
- Tamil Nadu: A farmer was unable to sell his land due to a Waqf claim over his entire village
- Bihar: Waqf Board claims in Govindpur Village led to legal disputes affecting seven families
- Kerala: 600 Christian families in Ernakulam contest Waqf claims over ancestral land
- Karnataka: 15,000 acres of farmland in Vijayapura designated as Waqf land, sparking protests
9) How will the Waqf (Amendment) Bill, 2024 benefit the poor?
- Increased transparency through a digital portal
- Better financial management to ensure funds are used for welfare
- Greater revenue generation for healthcare, education, and housing initiatives
10) How does the inclusion of non-Muslim members impact Waqf Boards?
Non-Muslims will now be represented on Central & State Waqf Boards and thus it will improve fairness, inclusivity, and transparency in Waqf administration.