Understanding the Waqf Act Amendment 2024: Key Changes and Implications

Introduction

There is new legislation on the table in India– the Waqf act Amendment Bill, 2024 that has received a lot of political fallout –with the opposition labeling it as “unconstitutional ‘and “anti—minority. ” This bill seeks to make major changes to the operations of the Waqfs and regulation of property. Because of the role that Waqfs play in the society especially within the Muslim population, the following changes have raised questions and speculations about the aspect of minority right and property.

What is a Waqf Property?

• Simply put, a waqf property can be defined as a property devolved through bequest or inheritance which is dedicated to pious uses.
• Waqf is a very special type of property under the Islamic law where someone sets apart some property which he owns in the same manner for some purpose; the purpose may be either religious, charitable, or personal in nature.
• The label of Waqf property deeds is that they are owned by God and the benefits are supposed to be for the intention stated.
• It is a one way process, and that status of the property once declared as Waqf cannot be changed and becomes immune from being retrieved to personal ownership.
• There are three ways of forming a Waqf and it may be by writing, orally declaring or using the property for religious or for charity purposes continuously for a long time. Due to the number of times that it is established, a Waqf property is an important one within the Muslim society as it forms a permanent necessity for the construction of mosques, madrasas, graveyards and other installations.

How Waqf Properties are Currently Governed

• The control of Sunnis’ property also called Waqf in India is mostly under the regulation of the Act of 1995; however, the earlier act was in existence from 1913.
• As for the legal framework, the most recent law is the Waqf Act of 1995: it gives a legal regulation of the properties of Waqfs insisting on their utilization for the intended purpose and from the encroachment or misuse.
• Essential to this governance system is the Waqf Boards; they are state level autonomous bodies that oversee functions of the religious endowments within a state.
• These Boards consist of members of the KALTEX, Scholars, legal pundits, and the elected members from different Muslim Jamat, and the management of the Waqf properties is confined to these boards only.
• The Act also provides for the appointment of Survey Commissioner who is to compile list of all waqf property by conducting surveys and preparation of reports.
• It is the Waqf Tribunal which hears any appeal concerning the properties under the provision of the act and it has the composition of a Judicial Officer as well as a learned Musalman in Muslim Law nominated by the state government.
• From the year 2013 the Act got modified in order to set up harder penalties provided for infringement of the rights of the Waqf properties and the sale, gift, mortgage or exchange of such properties cannot be effected without the concurrence of the Waqf Board.
• These measures were put in place to ensure that the endowment properties are protected and are used accordingly.

Proposed Amendments in the Waqf Amendment Bill 2024

• The main features of the polity with respect to the governance of the Waqf properties of India are proposed in the Waqf act Amendment Bill, 2024 where several changes have been made to the earlier act. The most notable amendments include:
• Renaming the Parent Act:
  • The Bill would amend the title of the Waqf Act, 1995 to the ‘Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995. ’
  • This shift in the proposed wording of the title from ‘Waqf’ suggests centralisation of the management of the existing and the new Waqfs along with closing down of the local democratized governance structures.
• Introduction of Section 3A:
  • New provision, section 3A states that no person shall formulate a Waqf unless his or her title to the property and authority to convey or earmark it is lawful.
  • This was in a bid to deal with cases of land that is devoted as Waqf either through a mistake or fraudulently thereby making it possible to only devote legal property owned by an individual as Waqf.
• Section 3C(1) and (2):
  • The Bill introduces Section 3C, which has two critical sub-sections:The Bill introduces Section 3C, which has two critical sub-sections:
• Section 3C(1) said that a property belonging in or transferred to the government and which is identified or declared as Waqf immediately before the passing of this Act or thereafter shall not be deemed as Waqf property.
• This provision makes it precised that government owned lands cannot be deemed as Waqf even if the land had been utilized for religious and charitable purposes.
• Depending on the government of the day, Section 3C(2) opens the door to their discretion to assess if the property claimed to be Waqf is in fact government property. This is to be done by the District Collector and his reports conclusive regarding the possibility of the property being managed as Waqf.
• Audit by the Central Government:
  • The Bill also gives a right to the central government to get a Waqf property audited at any time and the auditing team includes auditors of C&AG of India/Govt. officer.
  • This provision adds one more layer of management consideration, which might decrease the amount of decision-making authority that resides at the Waqf Boards.
• The above amendments indicate a transfer of authority of managing the Waqf properties away from the community-based Waqf Boards to the governments.
• These measures have prompted Minority groups to feel that, the control is now in the hands of Few elites and that the traditional concept of Waqf, which in most cases was to support of religious and charitable activities among Muslim Minority groups may no longer continue as planned.

Significance and Potential Impact of the Proposed Changes

• The proposed amendments to the Waqf Act of India has therefore raised a lot of controversies, with different interest groups having issues with the changes being proposed. Here are some key implications:
• Centralization of Power: The provisions of the Bill specifically those that decentralize power, and give more powers to the central and state governments are a radical departure from the current system of governance. Through the provisions that allow the District Collector and central auditors to make decisions with regards to the Waqf properties, the community run Waqf Boards have been weakened. This centralization may result in the looming social gap between the people for whom the Waqf properties were meant to be managed and the actual managers themselves.
• Impact on Minority Rights:
  • The, various political opponents and minorities have voiced their concern toward the implication arising from the Bill that the Muslims shall be depraved of their prerogative to independently administer their religious and charitable assets.
  • This is because inability of the government to follow the regulation of operating through the Ministry of Waqf in dealing with the Waqf claims on the land could be viewed as a form of infringement into the community’s control over their asset.
• Legal and Administrative Challenges:
  • Incorporation of the following changes may open the flood gates to litigation since the various Waqf Boards, Government Agencies and community members will fight over ownership and management of Waqf assets.
  • The decisions regarding the said disputes brought before the District Collector instead of the Waqf Tribunals are not necessarily based on Islamic law and/or principles.
• Economic and Social Implications:
  • The lack of clear ownership and management of the Waqf properties might have micro- as well macro-economic and social effects.
  • The properties of waqf arrangements are community products on which welfare organization such as schools, hospitals and shelters rely on.
  • Disruption of their management poses a risk for such services especially for vulnerable persons as they will be affected on a larger scale.

Conclusion

• The general Waqf administration or management law in India has found a new face with the introduction of the Waqf (Amendment) Bill, 2024.
• The current Waqf Bill challenges the sovereignty of the minority and the freedom of the purposefully governed Waqf institutions since the control is transferred from the community managed Waqf Boards to the government authorities.
• The government claims that such changes are useful in addressing the issues of misappropriation of Waqf properties and the inefficiency of management while the proposed amendments have been deemed to centralize the governance and management of these assets and structures.
• Before the Bill, which goes through a Joint Committee of Parliament, one needs to assess the operation of this bill for Muslims and its impacts on society.
• The approach of preserving the interests of the Waqf properties but at the same time providing the proper transparent and effective governance of the assets will be important to tackle the problems mentioned by the different stakeholders.

FAQS

Q1: What is the Waqf Act Amendment 2024?
Ans: The Waqf Act Amendment 2024 is a proposed bill seeking to modify the Waqf Act of 1995. It introduces significant changes to the governance and regulation of Waqf properties in India, including the centralization of control under government authorities.

Q2: Why has the Waqf Act Amendment 2024 sparked controversy?
Ans: The amendment has faced criticism for potentially infringing on minority rights by shifting control from community-led Waqf Boards to government officials, which some fear could undermine the traditional management of Waqf properties.

Q3: What are the key changes proposed in the Waqf Act Amendment 2024?
Ans: The amendment includes renaming the Waqf Act, 1995, new provisions to ensure that only legally owned property can be declared as Waqf, and granting the government authority to determine if a property is government land rather than Waqf.

Q4: How might the Waqf Act Amendment 2024 affect Waqf properties?
Ans: The proposed changes could centralize control over Waqf properties, potentially reducing the autonomy of Waqf Boards and affecting how these properties are managed and used for community welfare.