Waqf (Amendment) Bill, 2024 proposes inclusion of non-Muslims in Waqf boards; strips the Board of powers to declare a property as waqf

The Sachar Committee Report highlights that Muslims are among the most backward communities in India, trailing behind even OBCs on various parameters. One of the key suggestions of the Sachar Committee was to utilize Waqf properties to empower Muslims. However, rather than implementing these recommendations, the BJP government appears to be moving in a different direction, potentially depriving Muslims of their Waqf properties through legislative amendments.

The government is set to introduce the Unified Waqf Management, Empowerment, Efficiency and Development Act, 2023, to amend the Waqf Act of 1995. The proposed legislation aims to remove Section 40, which grants Waqf Boards the authority to decide if a property is Waqf property.

A copy of the bill, accessed by The Hindu, indicates that the new legislation will ensure "representation of Muslim and non-Muslims" in the Central Waqf Council and State Waqf Boards. The bill also proposes the registration of Waqf properties through a central portal and database, along with a detailed procedure for mutation according to revenue laws, with due notice to all concerned before recording any property as Waqf property. The bill was circulated among Lok Sabha members on Wednesday.

The bill provides for the establishment of a separate Board of Auqaf for "Boharas and Aghakhanis" and ensures "representation of Shia, Sunni, Bohra, Agakhani, and other backward classes among Muslim communities." The statement of objects and reasons by Union Minister Kiren Rijiju stated, "The Waqf Act, 1995, was enacted to provide for the better administration of Auqaf and for matters connected therewith or incidental thereto. However, during the course of implementation of the Act, it is felt that the Act has not proved effective in improving the administration of Auqaf."

The statement further added that based on the recommendations of the High-Level Committee under the chairmanship of Justice (Retired) Rajinder Sachar and the Report of the Joint Parliamentary Committee on Waqf and Central Waqf Council, and after detailed consultation with other stakeholders, comprehensive amendments were made in the Act in 2013. "Despite the amendments, it has been observed that the Act still requires further improvement to effectively address issues related to the powers of the State Waqf Boards, registration and survey of Waqf properties, removal of encroachments, including the definition of 'Waqf' itself," the statement said.

Waqf refers to properties dedicated exclusively for religious or charitable purposes under Islamic law. Waqf Boards currently control 8.7 lakh properties spanning 9.4 lakh acres across India, with an estimated value of 1.2 lakh crores, making them the third largest landowner in India after the armed forces and the Indian Railways. The Act was last amended in 2013.

The bill seeks to insert new sections 3A, 3B, and 3C, relating to certain conditions of Waqf, filing of details of Waqf on a portal and database, and the prevention of wrongful declaration of Waqf. "It provides for certain conditions of Waqf, filing of details of Waqf on a portal and database, and prevention of wrongful declaration of Waqf," the bill stated.

The post Waqf (Amendment) Bill, 2024 proposes inclusion of non-Muslims in Waqf boards; strips the Board of powers to declare a property as waqf appeared first on Muslim Mirror.