Waqf Amendment Bill: What Are The Key Changes And Why It Is Under Fire

The Narendra Modi government has allocated eight hours for a discussion on the bill and is confident of it sailing through due to its majority.

Amid fierce protests by the opposition and various Muslim outfits, the bill was sent to a Joint Parliamentary Committee (JPC).

Source : PTI

As the contentious Waqf (Amendment) Bill, 2024 will be tabled for discussion and passage in Lok Sabha on Wednesday, the Opposition is united to show resistance against the bill, which they call "unconstitutional".

The Narendra Modi government has allocated eight hours for a discussion on the bill and is confident of it sailing through due to its majority. Amid opposition, Union Minister Kiren Rijiju said the reforms were necessary as only an elite section in the Muslim community managed these properties.

What Is Waqf?

Waqf refers to properties dedicated exclusively for religious or charitable purposes under Islamic law, and any other use or sale of the property is prohibited. Waqf means that the ownership of the property is now taken away from the person making Waqf and transferred and detained by Allah. 

A 'Waqif’ is a person who creates a waqf for a beneficiary. As Waqf properties are bestowed upon Allah, in the absence of a physically tangible entity, a ‘mutawalli’ is appointed by the waqif, or by a competent authority, to manage or administer a Waqf. Once designated as waqf, the ownership is transferred from the person making the waqf (waqif) to Allah, making it irrevocable.

As per a government statement issued in September last year, Wakf Boards currently control 8.7 lakh properties spanning 9.4 lakh acres across India with an estimated value of 1.2 lakh crores. India has the largest waqf holding in the World. 

Further, the Waqf Board is the largest landowner in India after the Armed Forces and the Indian Railways.

Waqf (Amendment) Bill, 2024

The objective of the Waqf (Amendment) Bill, 2024, is to amend the Waqf Act, 1995, to redress the issues and challenges in regulating and managing Waqf properties. The Amendment Bill seeks to improve the administration and management of waqf properties in India.

As per the government, the bill aims to overcome the shortcomings of the previous act and enhance the efficiency of Waqf boards by introducing changes such as renaming the Act, updating the definitions of waqf, improving the registration process, and increasing the role of technology in managing waqf records. 

What Is The Controversy?

One of the key aspects of the bill is the change to ownership rules, which would impact historical mosques, dargahs and graveyards owned by the board. The proposed changes also include tweaks to the composition of waqf boards, making it compulsory to include non-Muslims as its members.

Many critics believe that the new bill may not address the community’s concerns but could instead considerably take away the role of Muslims in controlling waqf properties.

The other changes include a mandatory requirement for boards to register their properties with district collectors, who would recommend to the government whether the waqf’s claim to a property is valid.

The Opposition is against these changes, with AIMIM MP Asaduddin Owaisi alleging that these changes are intended to strip Muslims of their land.

The bill was initially tabled in Parliament in August 2024. However, amid fierce protests by the opposition and various Muslim outfits, the bill was sent to a Joint Parliamentary Committee (JPC). After the report was submitted by the panel, the Union Cabinet had approved certain changes to the original bill based on the committee's recommendation.