India’s Waqf Amendment Bill 2024 Key Changes and Impact
In August 2024, the Indian government introduced the Waqf (Amendment) Bill, 2024, in the Lok Sabha, sparking nationwide discussions on the future of Islamic charitable endowments in India. The Indian society, which is a mix of different elements, that come together like a salad bowl is definitely going to be impacted by the introduction of this bill. The extent of this change, and its adaptability is what remains to be seen.
We may however analyze different elements that come together in the making of this Amendment.
What is the Waqf Board?
The Waqf Board, established under the Waqf Act of 1995, oversees Islamic charitable endowments in India. Waqf is an Arabic term that means “dedication,” and refers to the practice of donating assets for Muslim religious or charitable purposes.
The Central Waqf Council, operating under the Ministry of Minority Affairs, advises the central government on matters related to State Waqf Boards and waqf administration.
The Waqf Act of 1995 defines waqf as “the permanent dedication by any person, of any movable or immovable property for any purpose recognized by the Muslim law as pious, religious or charitable.” This broad definition includes various institutions, including mosques, dargahs, graveyards, and madrasas.
Key Provisions Under the Waqf Amendment Bill 2024
In addition to the existing Waqf Act, the Amendment is set to introduce the following changes-
- Renaming the Act to “United Waqf Management, Empowerment, Efficiency and Development Act, 1995”
- Restricting waqf declaration to individuals practicing Islam for at least five years
- Removing the concept of “waqf by user”
- Ensuring inheritance rights for women heirs in family waqfs
- Clarifying that government properties identified as waqf will cease to be so
Administrative and Governance Changes
The amendment bill also proposes substantial changes to waqf administration and governance:
- Empowering District Collectors to survey waqf properties
- Including non-Muslim members in the Central Waqf Council and State Waqf Boards
- Ensuring representation from various Muslim sects and communities on Waqf Boards
- Modifying the composition of Waqf Tribunals
- Allowing appeals of Tribunal decisions in High Courts
- Granting the central government authority to make rules on waqf registration, accounting, and auditing
Implications for India’s Muslim Community and Property Rights
These proposed amendments have far-reaching consequences for waqf property management and the broader Muslim community in India. While the main intention behind these provisions may be to improve efficiency and transparency, they do raise concerns about religious autonomy and minority rights.
The emphasis on gender equality is however undebatably positive and modern aspect of this amendment. However, the removal of “waqf by user” and clarifications on government property could lead to disputes over long-held waqf properties.
Controversy Surrounding the Bill
The Waqf Amendment Bill 2024 has led to an debate among various stakeholders. Supporters are of the view that it will improve transparency and efficiency in waqf management, while critics view it as an infringement on minority rights and religious autonomy.
The All India Muslim Personal Law Board has been particularly vocal in its opposition, urging people to voice their objections to the Joint Parliamentary Committee reviewing the bill.
Conversely, some Hindu organizations have welcomed the proposed changes, seeing them as steps towards better regulation of waqf properties.
The Future of Waqf in India
The success of these amendments to the Waqf Act will depend on how well they are implemented and whether the government can address the concerns of all stakeholders. A collaborative approach, involving extensive consultation with Muslim religious leaders, legal experts, and community representatives, may go a long way in determining whether the changes will serve their intended purpose without infringing on religious freedoms.
The Waqf Amendment Bill is a modern outlook on Muslim religious properties in India. How far it goes in affecting the religious minorities of India, and how effective they prove out to be remains to be seen.
