Introduction to the Waqf Amendment Bill 2024

The Waqf Amendment Bill, 2024, recently tabled in the Lok Sabha, aims to modernize the management and administration of Waqf properties in India. These changes are intended to improve efficiency and clarify the legal status of such properties, which are currently governed by the Waqf Act, 1995. A key provision in the bill is focused on ensuring that there is no change in the ownership of existing Waqf properties unless they are involved in a dispute, thereby safeguarding the rights associated with these religious and charitable properties.

What is Waqf?

Waqf refers to properties dedicated exclusively to religious or charitable purposes under Islamic law. These include mosques, schools, healthcare facilities, and other structures that support the community, with strict prohibitions on their sale or misuse[1][3]. Given their religious significance and welfare functions, the management and regulation of Waqf properties are critical to their continued operation and benefit to society.

Key Provisions of the Waqf Amendment Bill 2024

The Waqf Amendment Bill, 2024 introduces several key changes aimed at enhancing the administration of Waqf properties:

Unified Waqf Management and Governance

• Renaming the Act: The Bill seeks to rename the Waqf Act, 1995, as the Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995[1].
• Inclusion of Non-Muslim Members: The composition of the Central Waqf Council and state Waqf Boards will now include non-Muslim members, ensuring a diverse representation. At least two members must be non-Muslim[1][2].
• Formation of Waqf: Only individuals practicing Islam for at least five years can declare a Waqf, and they must own the property. The concept of "Waqf by user" has been removed[2][3].

Property Ownership and Dispute Resolution

• Government Property as Waqf: Government properties identified as Waqf will cease to be Waqf. The District Collector will determine their ownership, ensuring clarity in property rights[2].
• Dispute Resolution: The Bill allows appeals against Waqf Tribunal decisions to be made directly to the High Court within 90 days, providing a more accessible legal remedy for disputes[1][3].

Audit and Transparency

• Audit Requirements: The bill empowers the central government to conduct audits of Waqf properties through the Comptroller and Auditor General (CAG) or designated officers, enhancing transparency and accountability[1].

Separate Waqf Boards

The Bill allows for the establishment of separate Waqf Boards for Sunni, Shia, Aghakhani, and Bohra sects under specific conditions, promoting better management based on sectarian needs[1].

Controversies Surrounding the Bill

The Waqf Amendment Bill, 2024 has sparked controversy, with opposition parties and some Muslim organizations criticizing certain provisions, such as the inclusion of non-Muslim members in Waqf governance bodies and the removal of "Waqf by user." These changes are seen as potentially reducing Muslim influence over Waqf administration and undermining traditional practices. Critics also argue that the bill could lead to legal and administrative challenges in managing Waqf properties[3][5].

Conclusion

The Waqf Amendment Bill, 2024, seeks to reform Waqf property management with a focus on clarity and efficiency. However, its implications for the religious and social structures associated with Waqf properties have stirred significant debate. Ensuring no change in ownership of existing properties unless disputes arise reflects a balanced approach, but the broader context of these reforms will be closely watched by stakeholders and legal experts alike.

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