Published Jan 24, 2025 | 1:26 PM ⚊ Updated Jan 24, 2025 | 1:26 PM
The new Parliament building. (Creative Commons)
The Joint Parliamentary Committee (JPC) scrutinising the Waqf (Amendment) Bill 2024 is expected to submit its final report to the Parliament in the upcoming Budget Session.
“We had detailed discussions with the stakeholders and took suggestions from various Muslim organisations. We have already held meetings in Delhi, Mumbai, Ahmedabad, Bengaluru, Chennai, Hyderabad, Guwahati, Bhubaneswar, Kolkata and Patna. This was our last meeting in Lucknow… after this, the JPC report will be submitted in the upcoming Budget session,” the panel’s chairman chairman Jagdambika Pal said.
The Bill, which seeks to amend the law governing Waqf boards has proposed far-reaching changes in the present Act, including ensuring the representation of Muslim women and non-Muslims in such bodies.
The Waqf (Amendment) Bill, 2024, also aims at renaming the Waqf Act, 1995, as the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995.
All India Muslim Personal Law Board (AIMPLB) and several Opposition parties have raised concerns over the provisions in the draft bill.
According to reports, the government will be looking for the Parliament to pass the Bill in the budget session itself.
The Budget session will convene on 31 January. The first part of the session will conclude on 13 February and the second part after the recess will begin on 10 March and will end on 4 April.
Waqf refers to properties dedicated exclusively for religious or charitable purposes under Islamic law, and any other use or sale of the property is prohibited.
Waqf means that the ownership of the property is now taken away from the person making Waqf and transferred and detained by Allah. ‘Waqif’ is a person who creates a waqf for the beneficiary.
As waqf properties are bestowed upon Allah, in the absence of a physically tangible entity, a ‘Mutawalli’ is appointed by the waqif, or by a competent authority, to manage or administer a Waqf.
Once designated as waqf, the ownership is transferred from the person making the waqf (waqif) to Allah, making it irrevocable.
The Waqf Act of 1954 provided a pathway toward the centralisation of waqfs. Central Waqf Council of India, a statutory body was established in 1964 by the Government of India under the Waqf Act of 1954.
This central body oversees the work under various state Waqf boards which were established under provisions of Section 9(1) of the Waqf Act, 1954. Some provisions of the Act were amended in 2013.
According to the Union government, 3,56,051 Waqf Estates, 16,713 movable properties and 8,72,328 immovable properties are registered under the Waqf Board.
The current Bill proposes to change the composition of the Central Waqf Council and Waqf Boards to include non-Muslim members.
The Survey Commissioner has been replaced by the Collector, granting him powers to conduct surveys of waqf properties.
According to the Bill, “Collector includes the Collector of land-revenue of a district, or the Deputy Commissioner, or any officer not below the rank of Deputy Collector authorised in writing by the Collector.”
It also says that government property identified as waqf will cease to be waqf and the collector will determine ownership of such properties.
The Bill also proposes to revoke the finality of the Waqf Tribunal’s decisions and provides for direct appeal to respective high courts.
Currently, waqf is managed according to Muslim law. The amendment allows and mandates non-Muslim members in state Waqf Boards and Central Waqf Council.
Critics argue that it creates room for these bodies to majorly comprise non-Muslim members while similar institutions governing Hindu and Sikh endowments primarily comprise members from their respective religions.
They also contend that removing Muslim law experts from Waqf Tribunals may affect the redressal of waqf-related disputes. Further, the Bill limits the creation of waqf to only people professing Islam for at least five years.
Critics say the rationale behind such criteria is unclear since it creates a distinction between persons practising Islam for less than five years, and those doing so for more than five years.
AIMIM chief Asaduddin Owaisi said: “In UP, 95 percent properties of the Waqf are those which were given as per the clause of ‘Waqf by user’. Now as per the Bill, if this clause is removed, then what will be the status of these properties? The parliament has given time till the last day of the Budget session to submit the report. I would like to request our chairman not to submit the report in a hurry. We have not yet heard from the representatives from Kashmir.”
Echoing similar sentiments, Congress MP from Saharanpur Imran Masood said, “We can’t discuss the details of the meeting. If the ‘Waqf by user’ clause is deleted, then what will be left? This is an attempt to grab Waqf properties.”
A “waqf by user” is a property that is considered a waqf because it has been used for a long time, even though there was no express dedication
