Top government sources indicated this morning that a controversial measure to change 44 parts of the Waqf Act of 1995—among them to secure the representation of non-Muslims and Muslim women in national and state Waqf bodies—is expected to be introduced in the Lok Sabha on Thursday.
There will be a second bill submitted to repeal the 1923 Waqf Act. Members of the Lok Sabha received copies on Tuesday evening before it was introduced.
The 1995 law will now be known as the Unified Waqf Management, Empowerment, Efficiency and Development Act as a result of the revision. According to sources who spoke with NDTV, the main objective is to manage Waqf properties—land designated by Islamic law for religious or philanthropic purposes—better.
One of the most significant suggested amendments is the removal of Section 40 from the current law, which gives the Board the authority to categorise properties and designate any of its properties as Waqf.
That choice will now be made by a Civil Service official named the District Collector. There must be two women on the state Waqf Boards and the Central Waqf Council.
A Union Minister, three Members of Parliament, three members of Muslim organisations, and three Muslim legal experts will now make up the Council. In addition, four “people of national repute,” two former justices, a High Court, and senior union government officials will be present. These should include at least two females.
Incidentally, these alterations required the creation of a non-Muslim category for the Council and Boards since MPs and government officials cannot be nominated for bodies on religious basis.
Under the new law notice is required before registering any property as Waqf. Further, this registration must take place on a centralised website.
Authority for survey of Waqf properties will now be given to the District Collector or their deputy. There will also be provision to lodge a High Court appeal within 90 days of the Board’s decision.
In addition, only practicing Muslims will be allowed to donate their property, movable or otherwise to the Waqf Council or Board. Also, only the legal owner can take this decision.
Under the current law, no Waqf property can be considered as such if there is dispute about its antecedents, particularly if there is question about it being a government property. In such disputes officials will investigate and submit a report to the state, following which records will be adjusted.
In the new law, money received by the Waqf Board must be used for the welfare of widows, divorcees, and orphans, and that too in the manner suggested by the government.
Another key proposal is that women’s inheritances must be protected and ensured.
The bill also proposes a separate board for the Bohra and Agakhani communities. It also provides for representation of Shias, Sunnis, and other backward classes among Muslims.
According to sources, the government wants the bill to be passed in a “inclusive” manner, but it will probably encounter strong opposition and Waqf Board protests nationwide; the head of the Tamil Nadu Board described the modifications as a BJP plot to “weaken” and “destabilise” these groups.
According to the All India Muslim Personal Law Board, alterations to the legislation “will not be tolerated”.
Nonetheless, the government has rejected these allegations. Muslims who “suffered” under the previous law are to be empowered by the revision, according to sources who spoke with NDTV.
According to reports, the goal is also to stop Waqf boards from occupying illegally. These boards together own the greatest land holdings in the nation, which total almost eight lakh acres. the Railways and the military have more but they are part of the government while the Waqf boards are private organisations.
Sources said the government is also willing to form a joint committee to study the bill.
Additionally, according to sources, some Muslim clerics are fabricating a “dangerous narrative” in which they predict that their land would be taken. It has also been noted that over the course of the previous two months, numerous discussions with stakeholders produced these recommendations.
For example, the All India Sufi Sajjadanashin Council said on Tuesday that it was long overdue and applauded the government’s decision to change how Waqf boards operate.
In order to control “auqaf,” or assets contributed and reported as Waqf by a “wakif,” or the individual who dedicates the property, the Wakf Act of 1995 was passed. The last time the law was changed was in 2013.
