Union Minister for Minority Affairs, Kiren Rijiju, introduced the Waqf Amendment Bill-2024 in the Lok Sabha on August 8, sparking significant opposition from MPs across the aisle. After the protest, the Waqf Amendment Act-2024 was referred to the Joint Parliamentary Committee (JPC). Opposition MPs expressed their dissatisfaction with several points of the bill.
This act has been named the “Integrated Waqf Management, Empowerment, Efficiency, and Development Act-2024.” The NDA government describes this act as a comprehensive reform aimed at “enhancing the efficiency of the administration and management of Waqf properties.” According to the government, the proposed amendment act aims to make significant reforms in the law by increasing the regulatory authority of the central government over Waqf properties.
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However, opposition parties have accused the government of introducing the bill without consulting the Muslim community, claiming that it encroaches upon the religious rights of Muslims and violates several of their religious freedoms. They believe that the new amendments will render the Waqf Board as mere spectators.
What is Waqf property?
The word “Waqf” literally means donation or giving. When a Muslim person donates their property for the benefit of people or to gain blessings (Sawab) in the path of Allah, according to Islamic law, such property is called Waqf property.
It can include both movable and immovable properties. Movable properties include cash, gold, silver, and immovable properties can include land, houses, wells, ponds, etc. The Waqf Board is responsible for the maintenance and management of these properties.
The Waqf Board can establish schools, colleges, universities, travelers’ inns, orphanages, etc., on such properties to benefit people. Once registered as Waqf, the property cannot be transferred to another person, nor can it be sold or bought.
The caretaker (Mutawalli) is responsible for overseeing Waqf properties. The Mutawalli and the Waqf Board can lease the Waqf land to an individual for any work. However, the individual must pay a fixed rent for it.
How much property does the Waqf Board have?
In India, these properties are managed under the Waqf Act-1995. The responsibility of maintaining and managing these properties lies with the Central Waqf Council at the national level and the Waqf Boards at the state level. The Central Waqf Council falls under the Ministry of Minority Affairs.
According to data from the official website of the Central Waqf Council, Waqf Management System of India, there are 8,72,324 registered immovable properties and 16,713 movable properties under Waqf, out of which 58,898 immovable properties are encroached. Additionally, there are 3,56,047 Waqf estates across the country.
When it comes to the use of Waqf properties, most of these properties are used as graveyards. After graveyards, the largest amount of land is used for agriculture. Mosques come in third place, followed by shops. The Waqf Board also collects rent from these shops.
According to the data, 1,50,516 Waqf properties are used as graveyards, 1,40,784 are used for agriculture, 1,19,200 are mosques, and 1,13,187 are shops. Additionally, 33,492 properties are used for dargahs or shrines, 14,008 for madrasas, 2,093 for schools, 6,859 for Imambaras, 5,241 for Khanqahs, 9,194 for Eidgahs, and 1,294 for travelers’ inns.
In Bihar, there are 8,650 registered Waqf properties, with 6,884 under the Bihar State Sunni Waqf Board and 1,766 under the Shia Waqf Board. In Purnia district, there are 243, in Kishanganj 123, in Katihar 108, in Araria 21, in Madhepura 10, in Saharsa 22, and in Supaul 25 properties registered as Waqf.
Who can be included in the Waqf Board?
Under the Waqf Act-1995, Waqf Boards are established in each state to manage Waqf properties within their jurisdiction. Each state board comprises a chairperson, one or two members nominated by the state government, Muslim legislators or members of the Legislative Council, scholars of Islamic affairs, and Mutawallis of Waqf properties.
This act also mandates the appointment of a full-time Chief Executive Officer (CEO) for each state board, who must be a Muslim by faith and have held at least the rank of Deputy Secretary in the state government.
The board is authorized to manage Waqf properties and reclaim encroached property. It can approve the sale, gift, mortgage, exchange, or lease of immovable Waqf property, but this requires the approval of at least two-thirds of the board members.
In 2013, the central government amended the 1995 Act to make the sale of Waqf properties almost impossible. Neither the Mutawalli nor the board has the right to sell Waqf properties under this amendment.
What changes are in the new Act?
The Modi government’s Waqf Amendment Act-2024, presented in the Lok Sabha, includes several significant changes that have sparked opposition. According to the new bill, only legitimate property owners who have followed Islam for at least five years can donate their property as Waqf.
The new amendment eliminates the “Waqf by use” process, which allowed a property to be considered Waqf based on its use, even if the original deed of the property was disputed. Additionally, the law allows widows, divorced women, and orphans to benefit from the income generated by Waqf properties.
Furthermore, no government property can be declared as Waqf. The new bill states, “No government property identified or declared as Waqf property before or after the commencement of this Act shall be recognized as Waqf property.”
Non-Muslim entry into the Waqf Board
According to the amended act, non-Muslims can also be included in major Waqf institutions such as the Central Waqf Council, State Waqf Boards, and Waqf Tribunals, making it the most controversial amendment in the Act. The new act allows the central government to appoint three Members of Parliament (two from the Lok Sabha and one from the Rajya Sabha) to the Central Waqf Council, without the requirement of them being Muslim. In contrast, under the 1995 Act, the three MPs included in the council had to be from the Muslim community.
State Waqf Boards will also include two non-Muslims and two women as members. Similarly, the Waqf Tribunal, which previously had three members, has been reduced to two members in the new Act. The tribunal will now include a district judge and a joint secretary-rank officer from the state government. Under the proposed law, the tribunal will be required to resolve disputes within six months.
Tribunal’s authority limited
With the amendment to the Waqf Act-1995, Section 40 of the bill will also be removed. Section 40 gives the Waqf Tribunal the authority to decide whether a property is Waqf or not. Now, the authority to make this decision will lie with the District Collector.
The amended act also clarifies that a disputed property cannot be called Waqf property until the District Collector submits their report to the state government. Until the government resolves the dispute, the disputed property cannot be considered Waqf property.
Previously, the authority to survey Waqf property was with the Survey Commissioner, but the new bill gives this authority to the District Collector or equivalent officers.
Additionally, to improve Waqf property records, the bill proposes a centralized registration system. Within six months of the new law’s implementation, all information about Waqf properties must be uploaded on this portal. Furthermore, the registration of any new Waqf property must also be done through this portal.
Judicial Review and Audit
The proposed law allows the country’s courts to intervene in Waqf disputes. It abolishes the authority of the Waqf Tribunal to make final decisions. Aggrieved parties can directly file appeals in the concerned High Court. According to the government, the aim is to promote judicial review and curb the arbitrary exercise of power by Waqf boards or tribunals.
The bill gives the central government the authority to audit the National Waqf Council and state Waqf boards at any time. This act will allow the Comptroller and Auditor General of India (CAG) or any officer appointed by the central government for this purpose to direct the audit of any Waqf property.
Why is the Waqf Act-2024 being opposed?
Journalist Afroz Alam Sahil, who has a deep interest in Waqf properties, told ‘Main Media’ that Hindutva organizations have spread several propagandas about Waqf properties over the past ten years, and the government, by bringing this amended act, is trying to further the agenda of those Hindutva leaders.
He said that the activists of Hindutva organizations tried to convince people that the Waqf Board seizes Hindu properties and that people cannot even appeal against the Waqf Board’s decisions in court.
“Hindutva organizations started a propaganda called ‘land jihad.’ This propaganda especially began after the Modi government came to power. In 2013, some amendments were made to the Waqf Act-1995. These amendments were portrayed as very dangerous by these organizations. From there, they started a campaign and began scaring people, saying that Muslims own the most land after the railways and defense,” he said.
Afroz further explained, “These people (Hindutva organizations) started scaring people by citing some sections of the Waqf Act, saying that if the Waqf Board wants to seize a piece of land, two people from the Waqf Board will come and say that this is our land, and they will forcibly evict you. You will have to leave your land. The government, by bringing this act, has furthered their propaganda.”
Opposition raised questions on the government’s intentions
The opposition INDIA alliance strongly opposed the bill brought by the Modi government in the Lok Sabha. Only after the protest did the government decide to refer this act to the Joint Parliamentary Committee.
Rashtriya Janata Dal (RJD) Bihar Legislative Council member (MLC) Qari Suhaib questioned the Modi government’s intentions, saying that the government’s intent is to seize Waqf land, which is why this bill has been introduced.
“In many places, the government itself has encroached on Waqf land. After looking at the entire amendment, it becomes clear that the government’s only intention is to seize Waqf lands… The bill should have been such that those who have wrongfully encroached on Waqf properties should be evicted,” he said.
He further explained, “If you give full authority to the District Magistrate, how will he be able to decide on our rights? If any amendment was to be made, the first thing should have been to consult those who were knowledgeable about these matters, like our Ulama-e-Karam (Islamic scholars). Without consultation, you cannot do anything tyrannical.”
AIMIM Bihar State President and MLA from Amour, Purnia, Akhtarul Iman, told ‘Main Media’ that the Modi government’s intention with this act is to plunder Waqf properties and that this act will do no good for Muslims. He also criticized Bihar Chief Minister Nitish Kumar’s party, Janata Dal United (JDU), which is part of the NDA alliance.
“This is a blatant plundering of Muslims’ heritage. Modi Ji, who had claimed ‘Sabka Saath, Sabka Vikas,’ has completely failed in that claim. Since their ‘400-plus’ slogan has failed and their countdown has begun, once again, by bringing this law against Muslims, they (PM Modi) are trying to unite Hindu communal elements,” he said.
He further added, “This bill has also exposed all those who are supporting the BJP in this act. Nitish Ji, who used to say that we are with the BJP but do not do politics like them, but the audacity with which Lalan Singh supported this bill, makes it clear that JDU is no less than BJP in Muslim enmity.”
On the entry of non-Muslim members into the Waqf Board, Akhtarul Iman said that just as it would not be right to include a Muslim in the Hindu Trust Board or Sikh’s Akal Takht, it would also not be right to include a non-Muslim in the Waqf Board.
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