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The bill seeks to rename the 1995 Act to the Unified Waqf Management, Empowerment, Efficiency, and Development Act.
NEW DELHI: The Modi 3.0 government has sparked a significant debate with the introduction of the Waqf (Amendment) Bill in Parliament. Aimed at overhauling the existing Waqf Act, of 1995, the bill proposes several sweeping changes that have drawn criticism from Muslim organisations and opposition parties.
Key proposals of the Waqf (Amendment) Bill:
The bill seeks to rename the 1995 Act to the Unified Waqf Management, Empowerment, Efficiency, and Development Act. It includes the formation of a Central Waqf Council and state Waqf Boards, ensuring the representation of Muslim women and non-Muslims. Specifically, the bill mandates the appointment of two women to each state board and the central council.
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A major shift proposed in the bill is the removal of the Waqf Tribunal’s authority to determine property status, with the District Collector set to become the arbiter on whether a property is Waqf or government land. This change aims to address the alleged misuse of power in property disputes.
The bill also introduces the requirement of a written deed, or waqfnama, for property to be declared Waqf, replacing the current practice of oral declarations. Additionally, it proposes the establishment of a separate Board of Auqaf for the Boharas and Aghakhanis, alongside broadening the representation on Waqf Boards to include Shias, Sunnis, Bohras, and other backward Muslim classes.
Government’s justification:
Minority Affairs Minister Kiren Rijiju defended the bill, stating, “This Bill is not presented in the House for the first time. After independence, this Act was brought first in 1954. Many amendments happened. We are bringing the amendment due to provisions put in 2013.” He emphasised that the bill does not infringe on constitutional rights but rather aims to rectify past inefficiencies and empower the community. Rijiju also said that the Bill does not take away the rights of anyone, instead, it gives rights to those, who were deprived hitherto.
Rijiju highlighted several issues with the current Waqf system, including claims of mismanagement and inefficiency. He cited a 1976 Waqf Enquiry Report and the Sachar Committee report, which recommended better management and auditing of Waqf lands. “The Sachar Committee prioritizes women and children. This is what our Bill is doing,” Rijiju asserted, referring to the bill’s provisions for increased female representation. He claimed to have discussions in Lucknow, Mumbai and Delhi with officers from Andhra Pradesh, Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Madhya Pradesh, Maharashtra, Telangana and Rajasthan.
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Opposition and criticism:
The bill has faced backlash from opposition leaders and Muslim organisations, who argue that it centralises control and undermines traditional practices. Critics point out that the introduction of non-Muslim members to Waqf Boards could lead to conflicts of interest and further marginalise certain Muslim communities.
Congress leader Rahul Gandhi walked out of the Lok Sabha during the debate, a move Rijiju interpreted as a sign of agreement under political pressure. The opposition has expressed concerns over the lack of wider consultations before the bill’s introduction, with Rijiju countering that extensive discussions had taken place at various levels across the country.
Broader implications:
The proposed changes come against the backdrop of allegations that Waqf Boards have been mismanaged and dominated by vested interests. The bill aims to streamline Waqf property registration through a central portal and establish clearer guidelines for property disputes.
Rijiju addressed concerns about the bill’s constitutionality, arguing that no special law should override the Constitution. He highlighted examples of contentious property decisions, including a 1,500-year-old temple mistakenly declared as Waqf property and municipal headquarters claimed as Waqf land.
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The Waqf (Amendment) Bill represents a significant shift in the management and regulation of Waqf properties in India. With its focus on efficiency, representation, and transparency, it seeks to address longstanding issues within the system. However, its introduction has sparked a contentious debate, raising questions about its impact on traditional practices and community representation.
