Waqf (Amendment) Bill, 2024: Inclusivity Drive or Political Divide?

The Waqf (Amendment) Bill, 2024, introduced in Lok Sabha by Minority Affairs Minister Kiren Rijiju, seeks to enhance inclusivity by ensuring Muslim women's and non-Muslims' representation in waqf boards. Amid controversy, the bill faces opposition over concerns of potential infringement on property rights and allegations of community division.

What is a Waqf Board?

A Waqf Board is a legal entity established by the government to manage and oversee the properties and institutions endowed for religious or charitable purposes in the Muslim community. These properties are known as "waqf" and typically include mosques, schools, hospitals, and other assets donated for the welfare of the community.

Establishment and Purpose

The Central Waqf Council is a statutory body under the administrative control of the Ministry of Minority Affairs. It was established in 1964 under the provisions of the Waqf Act, 1954, as an advisory body to the Central Government on matters concerning the functioning of Waqf Boards and the administration of waqf properties.

Role and Expansion

The role of the Central Waqf Council was significantly expanded under the Waqf (Amendment) Act, 2013. The Council is empowered to:

• Advise the Central Government, State Governments, and State Waqf Boards.
• Issue directives to the boards and State Governments to furnish information about their performance, including financial performance, surveys, revenue records, encroachment of waqf properties, and annual and audit reports.

Structure of the Central Waqf Council

• Chairperson: The Union Minister in charge of Waqf serves as the ex-officio Chairperson. Currently, Shri Kiren Rijiju holds this position.
• Members: The Council consists of a Chairperson and up to 20 other members appointed by the Government of India.
• Office: The Central Waqf Council is located at Central Waqf Bhawan, Pushp Vihar, New Delhi.

Vision and Mission

• Vision: Protection, retrieval, and e-monitoring of waqf properties under the provisions of the Waqf Act, 1995, as amended by the Waqf (Amendment) Act, 2013.
• Mission: Proactively protect and develop waqf properties, working closely with State Waqf Boards to improve their functioning.

Major Functions

• Advisory Role: Provide advice on the administration and functioning of State Waqf Boards.
• Monitoring: Ensure implementation of the Waqf (Amendment) Act, 2013, in States and Union Territories.
• Legal Advice: Offer legal advice on the protection and retrieval of waqf properties and removal of encroachments.
• Development Schemes: Implement schemes for the development of urban waqf properties and identify potential waqf lands for development by the National Waqf Development Corporation Ltd.
• Welfare Schemes: Execute educational and women's welfare schemes for skill development and empowerment, particularly for women.
• Computerization: Implement the scheme for computerizing State Waqf Boards records, a central sector scheme of the Ministry of Minority Affairs.
• Awareness Programs: Undertake programs to promote the Council's interests and sensitize waqf institutions about their roles and responsibilities.

The Waqf (Amendment) Bill, 2024

On August 8, 2024, Union Minister of Minority Affairs Kiren Rijiju introduced the Waqf (Amendment) Bill, 2024, in the Lok Sabha. The Bill proposes several significant changes to the Waqf Act, 1995, to improve the management, representation, and development of waqf properties in India.

Proposed Changes

While specific details of the proposed amendments are not provided, such amendments typically aim to:

• Streamline the management and administration processes.
• Enhance the protection and retrieval of waqf properties.
• Improve financial accountability and transparency.
• Strengthen the legal framework to address encroachments and misuse of waqf properties.

Key Proposals in the Amendment Bill

1. Renaming the Act:
• The Bill proposes renaming the Waqf Act, 1995, as the Unified Waqf Management, Empowerment, Efficiency, and Development Act, of 1995. This change reflects the Bill's broader goals of enhancing the governance and development of waqf properties.
2. Representation of Muslim Women and Non-Muslims:
• The Bill seeks to ensure the representation of Muslim women and non-Muslims in waqf boards. This proposal aims to promote inclusivity and diversity in the management of waqf properties.
3. Separate Boards for Bohras and Aghakhanis:
• A separate board of Auqaf for the Bohras and Aghakhanis is proposed to represent various Muslim communities more effectively. This move is intended to address the specific needs and interests of these distinct groups within the Muslim community.
4. Registration and Information Requirements:
• The Bill introduces new conditions for creating waqfs and requires existing waqfs to register detailed information on a government portal. This measure aims to enhance transparency and accountability in the administration of religious endowments.

Opposition's Stance and Concerns

1. Allegations of Division:
• Congress MP K C Venugopal and others have expressed concerns that the Bill is intended to divide the people of the country. They argue that the changes could lead to divisions within the Muslim community and the broader society.
2. Constitutional Concerns:
• Congress MP Hibi Eden has labeled the Bill as "unconstitutional," citing a potential conflict with the Right to Property (Article 300A) of the Indian Constitution. He argues that the Bill could infringe on the property rights of individuals and religious institutions without adequate legal safeguards.
3. Potential Interference:
• Critics of the Bill have raised concerns about undue interference in the administration of religious endowments. The requirement for detailed registration of waqfs on a government portal and new conditions for creating waqfs are seen as potential overreach by the government.

Referral to Joint Parliamentary Committee (JPC)

Following a two-hour debate in the Lok Sabha, the Bill was referred to a Joint Parliamentary Committee (JPC) for further examination. Speaker Om Birla announced that the committee would be constituted after consulting the leaders of all parties, indicating a willingness to incorporate diverse viewpoints and ensure thorough scrutiny of the proposed amendments.

In summary, the Waqf (Amendment) Bill, 2024, aims to reform the administration of waqf properties, but it faces criticism from opposition parties regarding its potential impact on the Muslim community. The referral to a JPC suggests a commitment to addressing these concerns through detailed examination and consultation.