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The Indian government plans to amend 44 sections of the Waqf Act of 1995, introducing significant changes to ensure representation of Muslim women and non-Muslim individuals in central and state Waqf bodies. These amendments are expected to be presented in the Lok Sabha on Thursday, according to top government sources.
Alongside this, another bill aims to abolish the 1923 Waqf Act. Members of the Lok Sabha received copies of these proposed changes on Tuesday night, in preparation for their introduction.
The 1995 law will be renamed the Unified Waqf Management, Empowerment, Efficiency, and Development Act. Sources reveal that the primary objective is to enhance the management of Waqf properties, which are lands set aside under Islamic law for religious or charitable purposes.
Key Changes in the Proposed Amendments
One major change involves the omission of Section 40, which currently allows the Waqf Board to classify properties. This section enabled the Board to declare any property as Waqf. Moving forward, the District Collector, a Civil Service official, will make this determination.
The amendments propose that the Central Waqf Council and state Waqf Boards include two women on their boards. The new composition of the Council will include a Union Minister, three Members of Parliament, three representatives from Muslim organizations, three Muslim law experts, two former judges from the Supreme Court or High Courts, four nationally reputed individuals, and senior government officials, with at least two women among them.
To facilitate these changes, a new non-Muslim category for the Council and Boards has been created, as MPs and government officials cannot be nominated based on religious affiliation.
New Proposals and Regulations
The new law requires a notice before registering any property as Waqf, and this registration must be done on a centralized website. The District Collector or their deputy will now oversee the survey of Waqf properties. Additionally, there is a provision for appealing the Board’s decisions in the High Court within 90 days.
Only practicing Muslims will be allowed to donate property to the Waqf Council or Board, and the legal owner must make this decision. Under the new law, Waqf properties cannot be considered as such if there is a dispute about their origins, particularly if there are questions about them being government properties. Officials will investigate such disputes and submit reports to the state, which will then adjust the records accordingly.
Funds received by the Waqf Board must be used for the welfare of widows, divorcees, and orphans, following government guidelines. Another significant proposal ensures the protection of women’s inheritances.
Special Provisions for Specific Communities
The bill also proposes a separate board for the Bohra and Agakhani communities and provides representation for Shias, Sunnis, and other backward classes among Muslims.
Controversy and Support
While the government aims for an inclusive passage of the bill, it is likely to face strong opposition. The Tamil Nadu Waqf Board chief described the amendments as an attempt by the ruling BJP to “weaken” and “destabilize” such organizations. The All India Muslim Personal Law Board declared that any changes to the law “will not be tolerated.”
However, the government asserts that the amendments aim to empower Muslim women and children who suffered under the previous law and to curb illegal occupancy of Waqf properties. The Waqf boards collectively hold around eight lakh acres, making them one of the largest landholders in the country.
Sources mentioned the government’s willingness to form a joint committee to study the bill and emphasized that the proposed changes are the result of extensive consultations with stakeholders over the past two months. The All India Sufi Sajjadanashin Council has welcomed the government’s decision to reform the functioning of Waqf boards, calling it a long-overdue change.
The 1995 Waqf Act was initially passed to regulate ‘auqaf’ (assets donated and notified as Waqf) by a ‘wakif’ (the person who dedicates the property) and was last amended in 2013.
