The Waqf (Amendment) Bill, 2024

The government is set to re-introduce the controversial Waqf (Amendment) Bill, 2024 in Parliament, aiming to amend the existing Waqf Act of 1995. This Act is crucial for the management of Waqf properties in India. The proposed amendments are significant as they enhance government control over the regulation and dispute resolution of Waqf properties.

Background and Opposition

• The Bill was initially presented in August of the previous year and subsequently referred to a parliamentary committee, led by  MP Jagdambika Pal.
• The committee passed 14 amendments with a 15-11 vote, all proposed by BJP members or their allies.
• Opposition members submitted dissent notes, opposing the Bill and the 44 proposed amendments.

Key Concerns and Government Response

• Need for Amendments: Critics, including Asaduddin Owaisi, argue that the Bill undermines the governance of Waqf properties and Muslim rights. Government officials cite loopholes in the 1995 Act related to title disputes and illegal occupations as reasons for the new legislation.
• Possible Government Interference: The Bill gives the government more power to regulate Waqf properties. Section 40, which allows the Waqf Board to declare a property as Waqf, is extended to the District Collector.
• Survey of Properties: The amendment replaces the Survey Commissioner with the District Collector or a Deputy Collector for surveying auqaf, due to poor survey progress in several states.
• Representation on Boards: The Bill allows non-Muslim representation on Waqf Boards, aiming to bring expertise and transparency, though critics see this as interference in community affairs.
• Application of Limitation Act: The Bill proposes deleting Section 107, which exempted Waqf properties from the Limitation Act, raising concerns about property claims by adverse possession.

Conclusion

The Waqf (Amendment) Bill, 2024, presents significant changes to the governance of Waqf properties in India. While the government argues for increased transparency and resolution of existing loopholes, critics view the amendments as potential overreach and infringement of Muslim community rights.