New Delhi: The Waqf (Amendment) Bill, which proposes to make major changes to the Waqf Act of 1995, was introduced in the Lok Sabha Thursday amid strong criticism by the Opposition.
Opposition parties had demanded Wednesday that the bill be referred to a standing committee for further review.
Reigniting the debate around the powers of the Waqf boards, the bill framed by the Narendra Modi-led government proposes to curtail these powers, give more powers to the Centre in Waqf matters, allow inclusion of non-Muslim members and women in waqf boards, among other changes.
The new bill proposes 44 amendments, including the abolition of Section 40 of the Waqf Act, bound to be the most significant change. This section gives powers to Waqf boards to declare a property as ‘Waqf property’.
Waqf officials and community members have slammed the bill, alleging that the government bypassed consultations with State Waqf boards and the Central Waqf Council.
“We got this information from social media. They (government) didn’t contact the state waqf boards or council. They should discuss with us,” a senior official of the Haryana Waqf Board told ThePrint, on the condition of anonymity. “Board members and officials are very upset and angry.”
However, Waqf officials and Muslim organisations are divided on the matter. While many have opposed the amendments as a “malicious act of the government”, a few officials have welcomed the proposal.
Powers to district collector
A key provision in the bill, which proposes to rename the existing law to ‘Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995’, is to allow district collectors to resolve disputes between the Waqf Board and the government. For property ownership disputes, the collectors will investigate and report their findings to the state government.
There are 30 Waqf State boards in the country.
The Collector will nominate a survey commissioner or another officer, not below the rank of deputy collector, to conduct the Waqf property survey.
According to the bill, before deciding on land record mutations, revenue authorities must issue a 90-day public notice in two local daily newspapers, including one in the regional language, and allow affected parties to be heard.
It also proposes other changes, including the establishment of separate Auqaf boards for Bohras and Aghakhanis.
Also read: Non-Muslims & women on waqf boards, a new name for the law — sweeping changes likely in Waqf Act
‘Changes will not be tolerated’
The All India Muslim Personal Law Board (AIMPLB) has expressed concerns over the changes, claiming that any modification to the 1995 Act will not be tolerated.
AIMPLB spokesperson Qasim Rasool Ilyas claimed that the Bharatiya Janata Party-led government aims to change the status of the board. “They are transferring all power to the collector. The Waqf will become powerless,” Ilyas said. “Any change in the Waqf Act, which alters the nature of waqf properties, or makes it easier for the government or any individual to usurp them, will not be acceptable.”
Section 40 of the Act has been at the centre of the controversy for long. It stipulates that the board investigates and decides whether a property is Waqf, or if it is Sunni or Shia Waqf, and the Waqf Tribunal is able to only alter the board’s decision.
The Haryana Waqf official claimed that the government and other organisations have “misinterpreted” the section. He explained that the board struggles to manage its registered properties effectively. By examining revenue records from before 1947, the history of the property’s use — whether for mosques, dargahs, or graveyards — can be traced to determine if it belongs to the Waqf.
“We don’t claim everyone’s property, that’s wrong. We traced our properties through the government’s documents and data only,” he emphasised.
Section 6 of the Waqf Act will also be amended, if the bill is passed. Currently, the section says, “The decision of the Tribunal in respect of such matter shall be final.” The bill seeks to remove these words from the section.
According to the Haryana Waqf official, the Waqf Tribunal initially comprised additional district judges. Following the 2013 amendment, it became a three-member tribunal including an additional district judge, an additional deputy commissioner and a private member.
“The additional deputy commissioner is often very busy, and the government tends to appoint its allies as the private member,” he added.
He also alleged that the government plans to take over 123 Waqf properties for the Central Vista project in Delhi.
AIMPLB spokesperson Ilyas opposed the amendment allowing non-Muslims to be appointed to the board, citing Hindu mutts as an example, where only Hindus of a specific caste are appointed. He claimed that the Modi government is rendering the board’s CEO powerless.
“They are reversing the nature of the board,” he said.
The Haryana Waqf official explained that while increasing women’s participation in the Waqf Board is a welcome move, the existing law already provides for such participation.
The Act stipulates that the state board, along with the chairperson, members of Parliament or members of legislative assemblies, and advocates, must include at least two women members. This requirement also applies to the Central Waqf Council.
“Provided that at least two of the members appointed under sub-clauses (i) to (viii) shall be women,” the Act reads.
‘Amendments will curb corruption’
On the other hand, Yunus Khan, a member of the Uttarakhand Waqf Board, welcomed the proposals in the bill, saying that the board’s powers are not being utilised appropriately. He added that the current “mismanagement” prevents people from benefiting.
“With this amendment, the board can run effectively,” Khan said. He claimed that it will curb corruption within the board.
Chairman of All India Sufi Sajjadanashin Council (AISSC), Ajmer, Syed Naseruddin Chishty, also voiced his support for the bill.
He claimed that the AISSC had repeatedly submitted memorandums to the BJP-led government demanding amendments to the 1995 Act. He highlighted the need to define and protect the position of dargahs and urged all political parties to avoid politicising the issue.
“There must be transparency in the Waqf Board. Today, there is a lot of corruption in the board in all states. We welcome that the government is tabling an amendment bill,” Chishty said.
He added that the organisation has contacted National Security Adviser Ajit Doval, and is confident that the bill will support minorities and Muslims, urging people not to be misled.
(Edited by Mannat Chugh)
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