Waqf (Amendment) Bill 2024: Masterstroke or mess?

The Modi-led NDA government is poised to introduce the Waqf (Amendment) Bill 2024 in Parliament today, a topic of considerable controversy.

Waqf boards are a type of statutory body established under the Waqf Act of 1954 to oversee and regulate waqf properties in India — property or land donated by followers of Islam to become community property.

Supporters of the bill argue it will bring much-needed societal reforms to the waqf system. It will, they argue, end corruption and break up the monopoly over waqf properties controlled by a certain segment of the Muslim community.

Opponents of the bill claim it represents yet another effort by the Modi administration to polarise society and sow divisiveness, similar to the CAA–NRC legislation.

The Congress-led opposition has pledged not to let the bill pass in Parliament.

However, a section of the Muslim community — in particular, the Shia, Vohra and Sufi sects — has expressed support for the amendment.

Overview of the Bill

The Waqf (Amendment) Bill 2024 proposes approximately 40 amendments to the Waqf Act of 1995, ostensibly to improve the management of waqf properties. These changes are intended to address existing 'inefficiencies' and enhance overall governance within the waqf system, according to the Narendra Modi government.

The bill seeks to enhance accountability, transparency and inclusivity in the administration of waqf properties. Concerns raised by critics include how much 'greater accountability' will translate into government interference in managing these assets.

What is this 'waqf board'?

A waqf board is a statutory body was originally established under the Waqf Act of 1954 to oversee and regulate waqf properties in India.

Originating from the Mussalman Waqf Act of 1923, they were established to provide guidance on matters related to the functioning and the proper administration of waqf properties across the country.

The act of 'waqf' is the permanent dedication of movable or immovable properties for religious, pious or charitable purposes, as recognised by Islamic rules, typically donated by philanthropists.

The state waqf boards operate under the supervision of the respective state governments, and are each recognised as a legal entity — which is to say, they are capable of suing or being sued as a 'person' in law. As of 2017, they are also 'supported' (read: overseen) by the Central Waqf Council.

The Central Waqf Council provides advisory support to ensure the effective functioning of these state boards. Its membership includes state-government nominees, members of the Muslim community, members of the state Bar Council, mutawallis (custodians) of properties and government officials.

Primary functions of a state waqf board

• Maintenance of waqf properties: The Waqf Board ensures that waqf properties are properly maintained.

• Registration of waqf properties: All waqf properties must be registered with the Waqf Board to ensure proper documentation and oversight.

• Administration: The board administers waqf properties, ensuring they are used for charitable or religious purposes as intended by the donors.

• Supervision and control: The board supervises and controls the management of Waqf properties by mutawallis to ensure compliance with regulatory standards.

Key amendments proposed

• Determination of 'waqf': Crucially, the Bill aims to strip waqf boards of their authority to declare a property 'waqf'. It introduces a new section to prevent the 'wrongful declaration' of properties as waqf as well.

• Non-Muslim membership: With an aim to bringing about 'reforms', the Bill also proposes the addition of two Muslim women and two non-Muslim members to the waqf board.

• Settlement of disputes: Under the proposed legislation, the district collector would act as the arbiter to determine whether a property is waqf — or government land. This allows a government employee to effectively take on the current role performed by the Waqf Tribunal, which is the juridicial arm that settles waqf-related disputes in accordance with Islamic rules, much like any court of law.

• Property registration: The proposed Bill mandates that waqf boards must register all waqf properties with the district authorities for improved oversight and record-keeping.

• Property verification: The Bill also introduces mandatory verification of disputed lands to clarify property ownership and resolve conflicts.

• Board functioning: The Bill revises Sections 9 and 14 to reform the operations of waqf boards, reducing their 'arbitrary powers' and 'enhancing efficiency'.

• Inclusivity: The Bill calls for the inclusion of women in waqf boards to promote gender equality in governance and decision-making processes.

Implications

• Non-Muslims get a say in the identification and administration of waqf properties.

• The government(s) gets more control and more of a say in the identification and administration of waqf property.

• Any disputes are now under state jurisdiction rather than settled per 'Islamic law' (i.e., Islamic rules) alone

• The fate of the Waqf Tribunal is in question, given it is unclear what purpose it will serve now. Will it, for instance, still serve as a board of appeal?