The Narendra Modi government is reportedly planning to introduce a bill in Parliament to curb the Waqf Board’s power over assets. Several media reports emerged on Sunday, claiming that the Union Cabinet approved 40 amendments to the Wakf Act in a meeting on Friday. These amendments are likely to be introduced as a bill in Parliament soon. However, this move has sparked concerns among Muslim leaders who fear it could undermine the Waqf Board’s autonomy and potentially restrict religious freedom.
To understand the controversy, it’s crucial to grasp the basics of the Waqf Act. The Wakf Act, 1995, was enacted to regulate ‘Auqaf’, which refers to assets donated and designated as Waqf. The act also defines a ‘wakif’ – an individual who dedicates a property for charitable, religious, or pious purposes as recognized by Islamic law.
The original Waqf Act was passed in 1954. The 1995 version, which replaced the 1954 Act, aimed to give more power to Waqf boards, leading to concerns about the scope of their authority. The Waqf Repeal Bill, 2022, which aimed to repeal the 1995 Act, was tabled in the Rajya Sabha in December 2023, but its connection to the current proposed amendments remains unclear.
The proposed bill stems from concerns about the Waqf Boards’ extensive land ownership and alleged misuse of their powers. The government reportedly believes that Waqf Boards have been granted excessive autonomy in registering properties, potentially allowing them to claim land without adequate verification. This is seen as a threat to transparency and fair land ownership.
The bill is likely to propose several changes, including:
1. Restructuring Waqf Boards: The bill aims to revise the composition of Waqf boards, potentially amending Sections 9 and 14 of the Wakf Act, which govern the Central Waqf Council and state Waqf boards. These changes might focus on ensuring greater representation of women on the boards. The government had previously objected to the Wakf Act’s mandate that Waqf Board members exclusively be from the Muslim community, considering it a violation of the principle of equality in employment.
2. Mandatory Verification: The bill is likely to introduce mandatory verification for all property claims made by Waqf Boards. This means that the board’s claims will be subjected to thorough scrutiny before any land is officially declared as Waqf property. This measure is intended to prevent misuse and ensure transparency in land acquisition by the Waqf Boards.
3. Enhanced Oversight: District magistrates may play a more active role in monitoring Waqf properties to prevent any potential misuse. This will bring increased government oversight to the management of Waqf assets.
While these changes are reportedly aimed at improving transparency and accountability, Muslim leaders are expressing deep concerns about the potential implications for Waqf autonomy. They fear that the bill could lead to increased government control over Waqf institutions and erode the Waqf Boards’ independence.
AIMIM leader Asaduddin Owaisi voiced strong opposition, arguing that the government’s intentions are to strip the Waqf Board of its autonomy, which he views as a violation of the freedom of religion. He warned that the proposed amendments could lead to administrative chaos, undermine the Waqf Board’s autonomy, and ultimately affect the independence of Waqf institutions.
The All India Muslim Personal Law Board (AIMPLB) member, Maulana Khalid Rasheed Farangi Mahali, while acknowledging the need for Waqf properties to be used solely for charitable purposes, expressed concern about any unnecessary amendments to the Act. He emphasized the importance of the government consulting with stakeholders before introducing any changes to the law.
The debate surrounding the proposed Waqf bill highlights the delicate balance between ensuring transparency and accountability in the management of Waqf properties and protecting the autonomy of religious institutions. The government’s intentions and the potential impact of the proposed amendments remain unclear, and the debate is likely to continue as the bill moves through the parliamentary process.
