The Centre is likely to bring a bill soon in Parliament seeking several amendments to the Waqf Act, which may cut its unfettered powers to call any property its asset, and also ensure representation for women.
As per the sources, the bill proposes to repeal a few clauses of the Act primarily aimed at reducing the arbitrary powers currently held by Waqf Boards. The claims laid by the Waqf Board often lead to disputes. For instance, in September 2022, the Tamil Nadu Waqf Board claimed ownership of the entire Thiruchendurai village, which had a majority Hindu population living there for centuries.
With this legislation, the Centre seeks to end the autocracy of the board. Some of the key highlights of the bill include mandatory verification to ensure a more transparent process; Amendments to Section 9 and Section 14 to alter the composition and functioning of the Waqf Boards to ensure representation for women; Properties claimed by Waqf Boards will undergo fresh verification to resolve disputes; Magistrates may be involved in the monitoring of waqf properties.
As per sources, the demand to change the existing laws has come from Muslim intellectuals, women and various sects like Shia and Bohra. There are around 8.7 lakh properties under Waqf Boards across the country and the total land under these properties is around 9.4 lakh acres.
The Waqf Act was enacted in 1995 and regulates assets donated and notified as waqf by a wakif- the person who dedicates a property for purposes recognised by Muslim law as pious, religious, or charitable.
During the UPA-2, the Congress-led Centre gave additional powers under the Waqf Act making it virtually impossible to get the land back from the claws of the board. It is these amendments which have since been a point of contention. To address the Board’s arbitrariness, the Centre is planning to introduce the bill in Parliament in the coming week.
Notably, the Waqf Act came into existence in 1954 under Jawaharlal Nehru’s government. Later, it was centralised. The aim was to give powers to Waqf Boards to manage Waqf properties. Since then, it has been amended several times. In 2012, the Congress-led UPA government amended the Basic Waqf Act and gave more powers to the Waqf Boards.
Waqf is an Arabic word that means dedicated property for public welfare. In Islam, Waqf is the property that is donated in the form of Zakat by people who believe in Islam. This wealth can be used only for the benefit of Muslims or for the spread of Islam.
AIMIM President Asaduddin Owaisi today (August 3) alleged that the Modi government wants to snatch Waqf properties from Muslims and interfere with the freedom of religion through proposed amendments to the Waqf Act. The Waqf Act empowers the Survey Commission appointed by a state government to identify Waqf properties and make a list. The Survey Commission sends the list to the state government and the government issues gazette notification. If the gazette notification is not challenged in a month, the properties listed become Waf properties.
“The Modi government wants to change it. In the case of properties which were already declared Waqf, it has to be established again that they are Waqf properties,” he said, adding that the conclusive nature of the gazette is being diluted.
Everyone should keep in mind that about 60 per cent to 70 per cent of the waqf properties are in the form of mosques, dargahs, and graveyards.” All India Muslim Personal Law Board said.
On the other hand, supporting the amendments, Imam Umer Ahmed Ilyasi, Chief Imam, All India Imam Organization said that it is the need of the hour to do amendment and there should be no politics over it.
“The amendment is a part of the process that keeps on happening from time to time. Amendments have been made in the Waqf Act earlier also. It should be taken care of that the dignity of Waqf should not be harmed. It is the need of the hour to do amendment and there should be no politics over it. There should be a discussion on it. What did Asaduddin Owaisi or other opposition leaders say when amendments were made during the previous governments? The opposition should not protest against everything. There should be a discussion on it rather than politics,” he said.
