India Set to Introduce Landmark Waqf Act Amendments in Parliament
In a significant move, the Indian government is poised to introduce the Unified Waqf Management, Empowerment, Efficiency, and Development Act in Parliament this week, aimed at amending the Waqf Act of 1995. The proposed legislation seeks to overhaul the management and administration of Waqf properties, enhancing transparency, efficiency, and community benefits.
Key Provisions:
1. Unified Management: Consolidation of Waqf properties under a single authority for streamlined management.
2. Empowerment: Enhanced powers for Waqf Boards to manage and develop properties.
3. Efficiency: Introduction of digital platforms for property registration, rent collection, and dispute resolution.
4. Development: Incentives for development of Waqf properties, prioritizing community welfare and social infrastructure.
5. Transparency: Mandatory audits, public disclosure of accounts, and strict penalties for mismanagement.
Impact:
1. Optimized Utilization: Unlocking the potential of Waqf properties, estimated to be worth trillions of rupees.
2. Community Benefits: Enhanced facilities and services for Muslim communities, including education, healthcare, and social welfare initiatives.
3. Economic Growth: Job creation, infrastructure development, and increased economic activity.
4. Reduced Disputes: Streamlined dispute resolution mechanisms to minimize conflicts.
The proposed amendments to the Waqf Act of 1995 include :
• Inclusion of non-Muslims and Muslim women in the Central Waqf Council and State Waqf Boards
• Renaming of the Act to the Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995
• Omission of Section 40, which grants the board the authority to determine if a property is Waqf property
• Establishment of a separate Board of Auqaf for the Boharas and Aghakhanis
• Representation of Shias, Sunnis, Bohras, Agakhanis, and other backward classes among Muslim communities
• Streamlined registration of Waqf properties through a central portal and database
• Clear definition of Waqf as property dedicated by any person practicing Islam for at least five years and owning such property.
Reactions:
1. Muslim Community: Welcoming the move, citing the need for modernization and transparency.
2. Opposition Parties: Cautioning against potential politicization and misuse of Waqf properties.
Commenting on the government’s plans, the All-India Majlis-e-Ittehadul Muslimeen (AIMIM) chief Asaduddin Owaisi questioned that why details of the Bill were leaked to the media when the Parliament was in session. “I can say that the Modi government wants to take away the autonomy of the Waqf Board. It wants to interfere,” Mr. Owaisi said.
Samajwadi Party (SP) chief Akhilesh Yadav said his party will oppose the Bill in Parliament, and accused the BJP of trying to snatch the rights of Muslims. Maharashtra Congress leader Naseem Khan said the Centre’s move threatens established Parliament procedure. “The rules of the Waqf Board are very clear. Once a Waqf, always Waqf. It means Waqf Board made by Parliament cannot be modified by Parliament. This shows BJP’s real respect for the Indian Constitution and democracy,” he said.
Amra Ram, Communist Party Of India (Marxist) MP from Sikar, Rajasthan said the BJP believes in “divisive politics” and instead of strengthening Waqf boards, they are trying to interfere with them.
3. Experts: Praising the initiative, highlighting the potential for transformative impact.
The Supreme Court has also expressed its views on the Waqf Act, stating that religion should not be brought in while questioning a law ⁵. The court observed that if the Waqf Act is struck down, it will only benefit the encroachers.
As the bill is introduced in Parliament, stakeholders and citizens await the outcome, hoping for a landmark reform that benefits the Muslim community and the nation at large.
