The government has introduced the Waqf Amendment Bill in Lok Sabha, aiming to curtail the extensive powers granted to Waqf Boards, which oversee properties worth Rs 1-lakh crore across India. The amendment seeks to address the issues of corruption, encroachment, and mismanagement that have plagued the Waqf system, which controls over 8.7 lakh properties spanning 9.4 lakh acres.
Waqf, under Islamic law, refers to properties dedicated for religious or charitable purposes. Once designated as waqf, the ownership is transferred irrevocably to Allah, with a mutawwali (custodian) managing the property. The Waqf Boards, which manage these properties, have become the third-largest landholders in India, following the Railways and the Defence Department.
The Challenges of Irrevocability and Management
The Waqf Amendment Bill in Lok Sabha addresses the challenges posed by the irrevocability of Waqf properties. Once declared waqf, the property remains so forever, leading to various disputes. Notable cases include claims on the Bengaluru Eidgah ground and the Tollygunge Club in Kolkata. Encroachments on Waqf properties, such as the Tamil Nadu Waqf Board’s claim over the Thiruchendurai village, have further complicated matters.
Evolution of Waqf Law and Growing Powers
The concept of Waqf in India dates back to the Delhi Sultanate. The first regulation attempt was the Mussalman Waqf Act of 1923. Post-independence, the Waqf Act of 1954 was replaced by the Waqf Act of 1995, which significantly enhanced the powers of Waqf Boards. The 2013 amendment further expanded these powers, allowing Waqf Boards to claim properties in the name of Muslim charity, leading to an increase in complaints and disputes.
Curbing the Powers with the Waqf Amendment Bill in Lok Sabha
The Waqf Amendment Bill in Lok Sabha proposes to repeal Section 40 of the Waqf Act, 1995, which currently allows Waqf Boards to decide if a property is Waqf. This power has been criticized for being misused by vested interests for property grabs. The bill suggests transferring these powers to the district collector, ensuring a more impartial process. This move aligns with practices in countries following Muslim law, where Waqf bodies do not possess such sweeping powers.
The Broader Implications of the Amendment
The Waqf Amendment Bill in Lok Sabha aims to modernize the management of Waqf properties, protect women’s rights, ensure fair representation in the Central Waqf Council and Waqf Boards, reduce litigation, and provide judicial oversight on tribunal decisions. These amendments also seek to address the misuse of the ‘Waqf-al-Aulad’ provision, which has been exploited to deny inheritance rights to women and orphans in certain cases.
Opposition and Support for the Bill
The proposed amendments have sparked significant debate. The All India Muslim Personal Law Board has criticized the bill as interference with personal laws, threatening to launch a mass movement. In contrast, the All India Sufi Sajjadanashin Council has welcomed the proposal, accusing Waqf Boards of operating in a “dictatorial” manner. Political opposition has also been voiced, with the Samajwadi Party and AIMIM President Asaduddin Owaisi criticizing the government for allegedly stripping Waqf Boards of their autonomy.
What the Future Holds
As the Waqf Amendment Bill in Lok Sabha continues to stir debate, its implications for the future management of Waqf properties in India are profound. If passed, the bill could significantly alter the landscape of Waqf property management, ensuring greater transparency and accountability while addressing long-standing issues within the system.
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