The Joint Committee of Parliament, reviewing the Waqf (Amendment) Bill, 2024, approved 14 amendments during its Monday meeting. These changes aim to reform the administration of Waqf properties and ensure benefits for the poor and Pasmanda Muslims. The committee rejected 44 proposed amendments from the opposition, which led to a heated discussion about the changes in the bill.
What is the Waqf (Amendment) Bill?
Waqf properties are assets set aside for religious or charitable purposes in Islam. Once declared as Waqf, these properties are considered to belong to Allah and are looked after by caretakers called mutawallis.
The new Waqf (Amendment) Bill, introduced on August 8, 2024, aims to update the rules for managing these properties and resolving disputes. One important change is about deciding whether a property claimed as Waqf is actually government land.
Previously, this decision was made by the Waqf Tribunal. However, the bill suggests that the local collector (a district official) should investigate and decide if the property is government-owned, and then report to the state government. This shifts the responsibility away from the Waqf Tribunal.
Speaking on the changes, committee chairperson Jagdambika Pal explained, “The amendments passed on Monday would result in a better bill, and the objective of the government to give benefits to poor and Pasmanda Muslims will be fulfilled.”
Approved amendments and opposition reactions
The committee has 31 members—16 from the ruling National Democratic Alliance (NDA) and 15 from opposition and independent parties. Pal noted that the approved amendments were primarily proposed by the ruling party members, while opposition proposals failed to garner majority support during voting.
Pal stated, “If the amendments were moved, and there were 16 members voting against them and only 10 in favour of them, then can those with 10 members supporting them be accepted? It is natural whether it is the Parliament or JPC.”
The bill introduces a key change regarding who manages disputes over Waqf properties. Earlier, the local collector had the power to make decisions in these cases. Now, the amendment transfers this responsibility to an official chosen by the state government, such as a commissioner or secretary.
Another change involves the makeup of Waqf Boards, which oversee these properties. Previously, the boards had two members. The bill now proposes having three members, one of whom must be an Islamic scholar. Even with objections from the opposition, this change was approved. Pal added, “They (the opposition) opposed that too.”
The bill also suggests allowing non-Muslim CEOs for Waqf Boards and adding two non-Muslim members to their composition. This proposal sparked further debate but was ultimately retained.
Understanding waqf properties
Waqf is an Islamic tradition where properties are set aside forever for religious or charitable purposes. Once a property becomes Waqf, it is considered to belong to Allah and is managed by caretakers appointed for this role.
In India, the practice of Waqf started long ago during the Delhi Sultanate. Sultan Muizuddin Sam Ghaor dedicated some villages for religious use, and over time, the number of Waqf properties grew. During British rule, there was an attempt to ban Waqfs, but the Mussalman Waqf Validating Act of 1913 protected and allowed Waqf properties to continue.
Proposed changes at a Glance
The Waqf (Amendment) Bill suggests these key changes:
1. Resolving disputes over Waqf properties
If there’s a disagreement about whether a piece of land is Waqf property or belongs to the government, the bill allows state-appointed officials, like a commissioner or secretary, to decide this matter. Previously, local collectors were responsible for such decisions.
2. Changes to Waqf board members
The bill proposes increasing the number of board members from two to three, with one of them being an Islamic scholar. It also allows non-Muslims to serve as members or CEOs of the Waqf Boards to make governance more transparent and fair.
3. Digital records of Waqf properties
The bill suggests giving more time to upload Waqf property details on a digital portal. This extension will make it easier to manage and access property records online, improving efficiency.
Why does the bill matter?
The proposed changes aim to improve how Waqf properties are managed and provide benefits to underserved communities. However, some people disagree with certain changes, like allowing non-Muslims to join Waqf Boards, saying it might change the purpose of these boards.
Opposition members tried to introduce 44 changes to address these concerns, but none were approved because they did not have enough votes. The debates in Parliament and the committee show there are differing opinions on how Waqf institutions should be run.
The Waqf (Amendment) Bill 2024 aims to improve how Waqf properties are managed. The changes focus on giving state governments more control and making Waqf boards more open to different members. The government believes these changes will bring fairness and transparency, but the opposition is worried they might affect the traditional role of Waqf institutions.
As the bill moves forward, it will decide how Waqf properties are handled and how they can help needy communities. While the amendments are expected to make management more effective, they have sparked political debates.