Waqf Board Amendment Bill: Government Plans Major Overhaul Of Waqf Act To Check ‘Unfettered’ Powers Of Waqf Boards

The Indian government is considering to introduce significant amendments to a bill aimed at curbing the “unfettered” powers of Waqf Boards to declare any property a ‘waqf asset’ and take control of it, according to media sources. This proposed move follows extensive representations from various segments of the Muslim community and a thorough review of the existing Waqf Act.

What Does the Government Want to Repeal?

The potential bill, which was discussed by the Cabinet on Friday evening, seeks to repeal several clauses of the current Waqf Act. The primary goal of these repeals is to diminish the arbitrary powers that Waqf Boards currently hold, which allow them to claim any property as waqf without necessary verification.

What Are the Key Amendments Proposed?

• The bill proposes around 40 amendments to the existing Waqf Act. Major amendments include:
• Mandatory Verification: All claims made by Waqf Boards will now be subject to mandatory verification to ensure a more transparent process.
• Changes in Section 9 and Section 14: These sections will be revised to alter the composition and functioning of Waqf Boards, including provisions for greater representation of women.
• Fresh Verification of Disputed Land: Properties claimed by Waqf Boards will undergo fresh verification to resolve disputes.
• Involvement of District Magistrates: To prevent misuse, district magistrates may be involved in monitoring waqf properties.

Why Is the Bill Being Introduced Now?

The introduction of this legislation is driven by widespread concerns over the arbitrary powers held by Waqf Boards. These powers have led to the declaration of extensive areas as waqf properties, often resulting in disputes and allegations of misuse. Notably, in September 2022, the Tamil Nadu Waqf Board claimed ownership of the entire Thiruchendurai village, which has a majority Hindu population.

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Background of the Waqf Act

The Waqf Act, established in 1995, governs ‘auqaf’—properties dedicated by a wakif for purposes deemed pious, religious, or charitable according to Muslim law. This legislation was designed to regulate these assets. However, amendments introduced in 2013 during the UPA government’s tenure significantly increased the authority of Waqf Boards, leading to ongoing disputes.

Why Is Change Needed?

The push for legislative reform stems from numerous appeals by Muslim intellectuals, women, and different sects, including Shia and Bohras. According to sources from TOI, discussions and preparations for these amendments began well ahead of the 2024 Lok Sabha elections. Initial reviews of waqf laws in countries such as Oman and Saudi Arabia show that such extensive powers are rarely concentrated in one entity.

How Will the Amendments Affect Waqf Boards?

The proposed amendments are set to create a more regulated and transparent framework for managing waqf properties. They aim to curtail the arbitrary powers currently held by Waqf Boards by instituting mandatory verification processes for property claims. Additionally, the restructuring of these boards and the push for greater female representation are expected to foster inclusivity and improve accountability.

What’s Next?

The bill is expected to be introduced in Parliament next week. If it is approved, it will mark a major change in how waqf properties are governed and regulated in India, aligning more closely with practices in other Islamic countries where such extensive authority is not vested in a single body.

Why Is the Timing Significant?

The timing of the bill’s introduction is significant because it comes ahead of the assembly elections in three states—Haryana, Maharashtra, and Jharkhand—scheduled for October this year. This suggests that the government is keen to resolve long-standing issues related to the Waqf Act before these important elections.

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