NEW DELHI – The Indian government is set to introduce the Waqf Amendment Bill, 2024, in Parliament on Tuesday, despite facing strong opposition from political parties that claim the legislation unfairly targets a specific community. The bill, first introduced on August 8, 2024, seeks to amend the Waqf Act of 1995 to enhance the regulation and management of waqf properties across the country.
The proposed changes include shifting the authority to determine waqf property status from the Waqf Board to district collectors, making property registration with district authorities mandatory, and introducing non-Muslim representation in the Waqf Council.
Regulating Waqf Properties
Waqf refers to the permanent dedication of property for religious or charitable purposes in Islam. The Waqf Board, established under the Waqf Act, 1995, oversees and protects waqf properties. However, the government argues that the current system has shortcomings, including incomplete surveys, revenue mismanagement, and legal disputes over land claims.
Currently, India has 30 Waqf Boards managing 8.7 lakh properties spread over 9.4 lakh acres. The estimated revenue from these properties stands at just ₹200 crore annually, which officials consider disproportionately low.
Key Amendments in the Bill
- Authority shift: The bill transfers the power to decide the status of waqf properties from the Waqf Board to district collectors, replacing Waqf Tribunals.
- Mandatory registration: All waqf properties must be registered with district collectors to ensure transparency and accountability.
- Non-Muslim representation: The bill mandates that at least two non-Muslim members be included in the Waqf Council.
- Government-owned property clarification: Any government-owned property previously declared as waqf will remain government property unless determined otherwise.
- Time limit on disputes: The bill removes Section 107 of the Waqf Act, bringing waqf property disputes under the Limitation Act, 1963, which sets a 12-year time limit for claims.
- Women’s inclusion: More women are to be represented in Waqf Boards to ensure diversity in decision-making.
Opposition and Legal Challenges
Opposition parties have raised concerns, alleging that the bill disproportionately affects waqf properties and Muslim communities. They argue that transferring decision-making powers to district collectors could lead to bureaucratic hurdles and potential misuse.
The move also follows legal scrutiny of waqf property management. In April 2023, the Supreme Court rejected a petition seeking a uniform code for religious properties, stating that the Waqf Act could not be challenged without strong legal grounds.
While the government maintains that the amendments aim to improve governance and transparency, critics see the bill as part of a broader effort to alter existing waqf regulations. The debate is expected to intensify as the bill moves through Parliament.
