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Waqf (Amendment) Bill
Context:
The Lok Sabha passed the Waqf (Amendment) Bill in a late-night session following an intense 12-hour-long debate.
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- Home Minister Amit Shah assured the Muslim community that the new legislation does not interfere with religious practices, while also accusing the Opposition of fear-mongering for political gains.
- The Bill was passed with 288 votes in favor and 232 against, despite opposition efforts to introduce amendments.
Waqf is an Islamic charitable endowment involving the donation of assets such as land, buildings, or money for religious, educational, or social purposes. Once designated as waqf, the ownership of the asset is transferred to Allah and becomes inalienable, meaning it cannot be sold, gifted, or inherited. The asset is managed by a trustee (mutawalli) and used to generate benefits for the community or specific beneficiaries as stipulated by the donor (waqif).
Government’s Stand
- Intervening in the discussion, Amit Shah emphasised that a mutawalli (manager/administrator) of a waqf (charitable endowment) and the waqif (donor) must be from the Muslim community.
- He clarified that non-Muslims were included in Waqf Boards or Councils solely for administrative oversight to ensure proper utilisation of donations.
- Opposition-proposed amendments were ultimately rejected before the Bill’s passage.
- Minority Affairs Minister Kiren Rijiju, who introduced the revised Waqf (Amendment) Bill under the name Unified Waqf Management Empowerment, Efficiency and Development (UMEED) Bill, asserted that the Bill concerns property, not religion.
Opposition’s Concerns
- Opposition leaders, particularly AIMIM chief Asaduddin Owaisi, strongly opposed the Bill, calling it unconstitutional.
- During the debate, Shah emphasised that only an individual who has practiced Islam for over five years can donate property to waqf under the new provisions.
- He also clarified that a designated official would be responsible for verifying the authenticity of waqf properties in case of disputes.
Key Changes and Criticisms
- Rationale for Amendment: The government argues that the 1995 Act contains loopholes related to title disputes and illegal occupation of waqf properties, necessitating reforms.
- Additionally, the lack of judicial oversight in Waqf Tribunals—whose decisions cannot be challenged in court—is seen as a key issue.
- The Bill also mandates a unified digital listing of waqf properties to reduce litigation and enhance transparency.
- Meanwhile, the constitutional validity of the 1995 Act is currently under challenge in the Delhi High Court.
- Government Interference Concerns: A significant opposition concern is the increased governmental authority over waqf properties.
- The Bill allows the District Collector to determine whether a property qualifies as waqf, a power previously held by Waqf Boards and Tribunals.
- Additionally, the Bill states that “any government property identified as waqf property shall not be deemed as such,” pending a decision by the Collector.
- Critics argue this shift undermines waqf governance and grants excessive control to state authorities.
- The Joint Parliamentary Committee reviewing the Bill suggested that instead of the District Collector, a more senior state government official should handle disputes.
- Surveys of Waqf Properties: Under the 1995 Act, a Survey Commissioner appointed by the state government was responsible for waqf property surveys. The amendment replaces this role with the District Collector or a Deputy Collector.
- Government officials justified the change by citing inefficiencies in surveys across states. For instance, surveys in Gujarat and Uttarakhand remain incomplete, while Uttar Pradesh’s survey, initiated in 2014, is still pending.
- Changes to Waqf Board Representation: The Bill allows non-Muslim representation in state-level Waqf Boards, including a non-Muslim Chief Executive Officer and at least two non-Muslim members.
- Critics argue that this could interfere with the Muslim community’s constitutionally protected right to manage its own affairs.
- Government sources, however, maintain that non-Muslim members will be in the minority and that their inclusion will enhance transparency and efficiency.
- Application of the Limitation Act: The Bill removes Section 107 of the 1995 Act, which had exempted waqf properties from the Limitation Act, 1963. This exemption previously allowed Waqf Boards to reclaim properties without a time limit.
- Opposition members argue that the deletion of this provision could enable illegal occupants to claim waqf properties through adverse possession after 12 years.
