Context:
The Indian Parliament is poised to introduce the Waqf (Amendment) Bill, 2024, aimed at amending the Waqf Act, 1995. This legislation is designed to increase accountability and transparency within Waqf boards. A key aspect of the proposed amendments is the removal of provisions that currently grant Waqf Boards the unchecked authority to declare any property as Waqf without adequate oversight. These changes are intended to ensure more rigorous checks and balances in the management and declaration of Waqf properties.
Relevance:
GS II: Polity and Governance
Dimensions of the Article:
- Overview of the Waqf Act 1955
- Key Amendments in Waqf Act (Amendment Bill), 2024
- Criticisms of the Amendment
- Conclusion
Overview of the Waqf Act 1955
- Initially passed in 1954, the Waqf Act was designed to manage religious and charitable endowments in India. The act was significantly revised in 1995 and further amended in 2013 to enhance the powers of Waqf Boards.
Key Aspects of the Waqf Act
- Waqf involves the dedication of movable or immovable property for religious, pious, or charitable purposes under Muslim law.
- Funds from Waqf properties typically support educational institutions, graveyards, mosques, and shelters for the needy.
- Management: Managed by Waqf Boards and a Mutawali (custodian), these properties are maintained to serve perpetual religious and charitable functions.
Administration and Regulation
- Waqf Boards: Empowered to acquire, manage, and litigate property, these boards ensure the upkeep and proper use of Waqf properties.
- Central Waqf Council: Established in 1964, this council oversees state-level Waqf Boards and aids in the national coordination of Waqf activities.
Significance
- Economic Impact: Waqf properties are extensive, with over 872,000 registered assets across 800,000 acres, generating significant revenue.
- Legal Framework: Properties designated as Waqf are non-transferable and are held in perpetuity for the benefit of the community.
Key Amendments in Waqf Act (Amendment Bill), 2024
- Mandatory Verification: The bill introduces mandatory verification for all Waqf property claims to enhance transparency.
- Board Composition Changes: Amendments to Sections 9 and 14 aim to alter the composition and functionality of Waqf Boards, including adding women representatives.
- Increased Oversight: New verification processes involving district magistrates are set to address disputes and prevent misuse of Waqf properties.
- Addressing Power Imbalances: The changes respond to concerns about unchecked powers within Waqf Boards, which have led to extensive and sometimes controversial claims on land.
Criticisms of the Amendment
- Critics argue that these amendments could undermine the autonomy of Waqf Boards, thereby affecting their ability to effectively manage properties.
- There are concerns that these changes might adversely affect Muslim communities, for whom Waqf properties hold religious and charitable significance.
- The increased involvement of district magistrates could lead to bureaucratic overreach, complicating the governance of Waqf properties rather than simplifying it.
- The introduction of new verification processes is seen as a potential catalyst for more disputes and complications, rather than providing clarity and fairness in the administration of Waqf properties.
Conclusion
The Waqf (Amendment) Bill, 2024 significantly refines the oversight and management of Waqf properties in India, ensuring more structured governance, accountability, and better utilization of assets. This legislative update empowers Waqf boards to more effectively channel benefits to the communities they serve. It seeks to uphold the integrity of Waqf assets while bolstering social welfare and economic growth, thereby enhancing community trust and engagement.
-Source: The Hindu
