The Waqf (Amendment) Bill, tabled in parliament August 8, amid strong protest by the opposition parties led by Congress, proposes formation of a Central Waqf Council and state Waqf Boards. It also allows representation of Muslim women and non-Muslims.
The bill aims to streamline the manner of registration of waqf properties through a central portal. It is the first major legislation that has stirred a heated debate among Muslim organizations' and the opposition. The bill seeks to rename the existing Waqf Act of 1995 to the Unified Waqf Management, Empowerment, Efficiency and Development Act.
The amendments to the bill aim to tackle the issue of properties of waqf, becoming irrevocable so far. This proposed rebranding symbolizes a broader effort to enhance oversight and management of waqf properties across India.
There are at least 30 waqf boards in the country control properties spread over 9 lakh acres, with an estimated value of ₹1.2 lakh crore. This makes the waqf boards the third-largest owner of land in India after the Railways and Defense Ministry.
Waqf refers to any property dedicated solely for religious or charitable purposes under Islamic law. Once a property is declared waqf, it becomes irrevocable.
‘Proposed law Draconian’
Opposition parties led by the Congress strongly protested against the Waqf Amendment Bill in Lok Sabha.
KC Venugopal, Congress parliamentarian who termed the proposed law "draconian" also opposed the provision of appointing non-Muslim members to Waqf board.
“It is an attack on the freedom of religion and federal system. We as Hindus respect the faith of other religions but this bill is a fundamental attack on the Constitution,” he said.
The government is trying to attack freedom of religion by virtue of this Bill, Venugopal asserted, adding that the people of this country won't accept this "divisive politics".
Congress MP, Imran Masood said, "We will strongly oppose the bill. You are trying to shred the Constitution," he said.
“Waqf boards managed mosques and, by ending its powers, the government was strengthening the conspiracies against these properties,” he added.
Samajwadi Party, the second-largest Opposition force also opposed the Bill. Party MP, Mohibbullah said, "This is injustice to Muslims. We are going to commit a huge mistake and we will suffer because of this Bill for centuries. This is interference with religion."
The Bill has been introduced to please the BJP's hardcore supporters, party president Akhilesh Yadav said. “What is the point of including non-Muslims in Waqf boards when this is not done in other religious bodies?" he asked.
AIMIM Chief Asaduddin Owaisi called the bill "discriminatory, arbitrary and anti-Muslim. "The Centre dividing the nation not uniting it by bringing this bill. This bill is evidence of the fact that you are an enemy of the Muslims," he said.
The proposed law is a direct violation of Article 30, which safeguards the rights of minorities and enables them to administer their institutions, said DMK MP Kanimozhi "This Bill targets a particular religious group," she added.
Key Features of the Bill
The District Collector will be the primary authority in determining whether a property is classified as waqf or government land, as per the bill. The legislation proposes the creation of a separate Board of Auqaf specifically for the Boharas and Aghakhanis, ensuring representation for Shias, Sunnis, Bohras, and Aghakhanis within waqf boards.
Formation of a Central Waqf Council and state Waqf Boards, which would have representation of Muslim women and non-Muslims. Two women will be appointed in all state boards as well as the central council, as per the bill.
The bill aims to grant the central government the authority to initiate audits of waqf properties through auditors appointed by the Comptroller and Auditor General of India.
Another notable aspect of the legislation is the mandate for a valid waqfnama, which serves as an official deed for expressing one's intention to dedicate a property as waqf. The current law however, allows oral agreements.
