The Modi government on Thursday introduced the Waqf (Amendment) Bill, 2024 in the Lok Sabha to amend the Waqf Act, 1995. The bill seeks to make significant changes to the powers and functioning Waqf Boards across India. The Waqf (Amendment) Bill proposes to rename the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995. The Bill aims to clearly define 'Waqf' as Waqf by any person practising Islam for at least five years and having ownership of such property. It proposes total 40 changes in the Waqf Act 1995.
Several INDIA bloc MPs termed the Act an attack on the Constitution and said it was aimed at targeting Muslims.
The Minority Affairs Minister Kiren Rijiju placed the Bill in Parliament on Thursday and said Waqf (Amendment) Bill does not intend to interfere with the freedom of any religious body and that no provision of the Constitution has been violated. Samajawadi Party MP Mohibullah Nadvi while raising his protest in the Parlliament said that the Bill was against freedom of religion. He said appointing non-Muslims in the Central Waqf Council and other such bodies was violative of the rights of Muslims.
Here's a look at the controvercial provisions in the proposed amendment Bill that caused uproar in the Parliament with opposition demanding the Bill be rolled back.
Key Provisions Of Waqf (Amendment) Bill, 2024 Under Scanner
1) The Bill Seeks To Omit Controvercial Section 40 Of Waqf Act
According to its statement of objects and reasons, the bill seeks to omit Section 40 of the current law relating to the powers of the board to decide if a property is Waqf property.
As per Section 40 of the Waqf Act 1995 (as amended in 2013) the State Waqf Board is empowered to decide any question which arises as to whether a particular property is a Waqf property or not or whether a Waqf is a Sunni Waqf or a Shia Waqf. The Board, after duly considering such cause as may be shown in pursuance of notice and after making an inquiry as it may deem fit, decides the case. The decision of the Board on a question under the said provision shall, unless revoked or modified by the Tribunal, be final.
2) Mandaory Verification Of Properties
The new Bill proposed to makes verification of Waqf properties mandatory. After this Bill becomes an Act, the Waqf Boards in India will be required to register their properties with district authorities to ensure proper verification and oversight. The district magistrate can also oversee income and revenue of the Waqf Boards.
3) Re-Verification Of Disputed Lands
The bill requires mandatory new verification of disputed lands, enhancing the clarity around property ownership and management. The old and disputed propeties of Waqf will be surveyed and verified again.
4) Inclusion Of Women In Waqf Boards
The Bill proposes revision in Sections 9 and 14 of the Waqf Act to reform the functioning of the Waqf Boards by changing the composition of Central Waqf Council and State Waqf boards, to ensure representation for women in the bodies. The proposed amendments provides for inclusion of women in the State Waqf Boards, to promote gender equality in decision-making processes.
The Bill further provides for representation of Shia, Sunni, Bohra, Agakhani and other backward classes among Muslim communities. The bill also proposes the establishment of a separate board of Auqaf for the Boharas and Aghakhanis.