Introduction

The government is poised to introduce the Waqf Board Amendment Bill 2024 in Parliament, signaling a significant overhaul of the Waqf Act of 1995. This move aims to enhance accountability, transparency, and inclusivity in the functioning of Waqf Boards, which manage vast properties dedicated to religious and charitable purposes within the Muslim community.

Understanding Waqf and Its Governance

• A Waqf, under Islamic law, refers to a property permanently dedicated by a Muslim for religious, pious, or charitable purposes.
• Once a property is designated as Waqf, it is considered a permanent charitable act, transferring ownership to God, making it non-transferable.
• Waqf properties typically fund educational institutions, mosques, graveyards, and shelter homes, serving either public or private ends.
• The governance of these properties in India is overseen by Waqf Boards, legal entities established under the Waqf Act, 1995.
• The 1995 Act replaced earlier legislation and established a framework for managing Waqf properties.
• It also introduced a Central Waqf Council (CWC) to oversee and advise state-level Waqf Boards.
• Each state Waqf Board is responsible for administering Waqf properties, recovering lost properties, and ensuring that Waqf revenues are used for their designated purposes.

The Need for Amendments

• Over the years, criticisms have arisen regarding the Waqf Boards’ functioning. Concerns include the lack of transparency, alleged arbitrary jurisdiction over properties, and mismanagement.

• These issues culminated in notable disputes, such as the 2022 Tamil Nadu Waqf Board case, highlighting the need for reform.
• Moreover, community representations from Muslim intellectuals, women, and various sects have demanded amendments to curb the sweeping powers granted to Waqf Boards.
• The government’s proposed Waqf Board Amendment Bill 2024 seeks to address these concerns by introducing around 40 amendments aimed at increasing accountability and transparency in the management of Waqf properties.

Key Provisions of the Waqf Board Amendment Bill 2024

1. Property Registration and Verification: The bill mandates that Waqf Boards must register their properties with district authorities, ensuring proper verification and oversight. This provision addresses issues related to disputed lands and clarifies property ownership.
2. Reform in Functioning: Amendments to sections 9 and 14 of the Waqf Act are proposed to reform the Waqf Boards’ functioning, curbing their arbitrary powers and ensuring a more regulated approach to property management.
3. Inclusion of Women: The bill advocates for the inclusion of two female members in both the Central Waqf Council and state-level Waqf Boards. This move aims to promote gender equality in decision-making processes within the Waqf system.
4. Mandatory Verification of Claims: Waqf Boards’ claims to properties will now require mandatory verification, ensuring that these claims are thoroughly vetted before being recognized. This verification process will apply to both Waqf Board claims and counter-claims from individual property owners.
5. Clarification of Waqf Property Definition: The bill seeks to clarify that government properties will not be recognized as Waqf, preventing the misuse of the Waqf system to claim public lands.

Implications of the Proposed Amendments

The Waqf Board Amendment Bill 2024 is expected to have significant implications for the management of Waqf properties. By enforcing stricter regulations, the bill aims to:

• Increase Transparency: Enhanced oversight and mandatory verification processes will ensure that Waqf properties are used for their intended religious and charitable purposes.
• Curb Mismanagement: The bill addresses long-standing issues of mismanagement within Waqf Boards, ensuring that these entities operate within a more accountable and transparent framework.
• Empower Women: The inclusion of women in Waqf Boards is a progressive step toward gender equality in the governance of Waqf properties.
• Resolve Property Disputes Efficiently: The bill’s provisions for mandatory verification and registration are expected to facilitate quicker resolution of property disputes, benefiting all stakeholders involved.

Conclusion

The Waqf Board Amendment Bill 2024 represents a crucial step towards modernizing the Waqf Act of 1995, addressing the criticisms of excessive powers and lack of transparency in the current system. By introducing reforms aimed at enhancing accountability, transparency, and inclusivity, the government seeks to ensure that Waqf properties are managed effectively and for the purposes they were intended. As the bill moves through the legislative process, it will be closely watched for its potential to bring about meaningful change in the administration of Waqf properties in India.