A Turning Point in Waqf Management: The Waqf Amendment Bill 2024

(The Waqf Amendment Bill 2024 aims to overhaul Waqf property management in India, sparking debate over transparency, governance, and religious autonomy)

The Indian Parliament recently witnessed the introduction of the Waqf Amendment Bill 2024, a significant legislative measure aimed at overhauling the management of Waqf properties across the country. The bill, which has stirred both support and opposition, is a response to longstanding issues of alleged mismanagement and encroachment of Waqf properties. While the government justifies the need for this amendment on the grounds of transparency and accountability, various opposition parties and Muslim organizations have raised concerns about its potential implications.

The Need for the Waqf Amendment Bill 2024

According to an estimate, India's Waqf Boards own 8.7 lakh properties across 9.4 lakh acres, with an estimated value of Rs 1.2 lakh crore. This makes them the third-largest landholders in the country, after the Railways and the Defence Department.

 

Waqf properties in India represent a vast pool of assets dedicated to religious, charitable, and social purposes within the Muslim community. However, these properties have long been plagued by encroachment, mismanagement, and inadequate governance issues. Despite its amendments, the government has argued that the existing Waqf Act of 1995 has been insufficient to address these challenges. The new bill aims to rectify these issues by introducing stricter governance mechanisms and expanding the powers of authorities overseeing Waqf properties.

1500 years old Shiva temple at Tiruchendurai (Tamil Nadu) claimed by the Waqf Board as their property

The urgency for reform was further highlighted by a recent incident in Tamil Nadu, where Waqf authorities laid claim to an entire Tiruchendurai village, shocking its residents. The claim included a 1,500-year-old Shiva temple, triggering a heated debate nationwide. Minister Kiren Rijiju referenced this incident during the bill's introduction, as it underscored the need for clear legal frameworks to prevent such controversies and ensure that Waqf's claims are transparently and justly managed. This case has highlighted the potential for disputes between Waqf authorities and local communities, emphasising the necessity for a stronger regulatory framework.

Key Features of the Waqf Amendment Bill 2024

The proposed amendments introduce several key changes to the Waqf Act 1995:

1.     Shift in Survey Responsibility: The role of the Survey Commissioner, whom the State Government previously appointed, is now transferred to the District Collector. This move will streamline the survey process and ensure more accurate and timely documentation of Waqf properties.

2.     Changes in Waqf Board Composition: The bill mandates the inclusion of two non-Muslim members on Waqf Boards, which has sparked significant debate. The government justifies this change as a step towards inclusivity and better representation. Two women members are also included in Waqf Boards.

3.     Restriction on Declaring Government Property as Waqf: The amendment restricts the declaration of government property as Waqf, aiming to prevent disputes over land ownership between the state and Waqf authorities.

4.     Mandatory Verification of Waqf Properties: To ensure transparency, the bill introduces a mandatory verification process conducted by district authorities. This is seen as a measure to prevent wrong claims and misuse of Waqf properties.

5.     Expansion of Legal Recourse: The amendment allows for legal suits to be filed up to two years after a Waqf Tribunal's decision, providing a broader window for contesting rulings on Waqf property disputes.

Judicial Influence on Waqf Legislation

Over the years, the Supreme Court of India has delivered several landmark judgments highlighting the need for amendments to the Waqf Act. For instance, in the Board of Muslim Wakfs, Rajasthan v. Radha Kishan (1979), the Court emphasised that Waqf Boards have the authority to recover properties illegally occupied. This ruling reinforced the need for Waqf Boards to have stronger enforcement powers, a principle reflected in the current amendments, which aim to empower these boards further.

In another significant judgment, Punjab Wakf Board v. Gram Panchayat (2000), the Supreme Court ruled that once a property is declared as Waqf, its status cannot be challenged except through proper legal channels. This judgment underscored the importance of protecting Waqf properties from unauthorised encroachments, a concern that the Waqf Amendment Bill 2024 seeks to address through stricter verification and proper mechanisms.

These judgments and others have paved the way for the amendments proposed in 2024, which aim to close legal loopholes and strengthen the framework for managing Waqf properties. Including provisions that enhance the legal recourse available to Waqf Boards and expand their powers to recover properties directly reflects the judiciary's call for more robust protections for these assets.

Objections from Opposition Parties and Muslim Bodies

The Waqf Amendment Bill 2024 has faced significant opposition from various quarters:

1.      Inclusion of Non-Muslims on Waqf Boards: Critics argue that this move undermines the religious autonomy of Muslim-managed charitable endowments. They question whether non-Muslim participation is necessary, given that similar inclusivity is not mandated for other religious communities' endowments.

2.      Centralisation of Control: There are concerns that the bill centralizes too much control over Waqf properties by government-appointed officials, particularly District Collectors. Opponents fear this could reduce community control over these assets.

3.      Potential for Misuse of Power: The expanded powers granted to district authorities to oversee Waqf properties have raised concerns about potential misuse, particularly in regions where Waqf lands are highly valuable.

4.      Legal and Constitutional Concerns: Some argue that the bill may infringe upon constitutional guarantees of religious freedom by imposing state control over religious properties. Opposition parties have voiced concerns that the bill could set a precedent for further encroachments on religious autonomy.

Comparative Legal Frameworks in Other Countries

The management of Waqf properties varies significantly across the world. In Islamic countries like Saudi Arabia, UAE, and Pakistan, Waqf management is deeply integrated into the legal framework, with dedicated ministries or councils overseeing their administration. For example, Saudi Arabia has aligned its Waqf operations with national development goals under Vision 2030, emphasising transparency and accountability. Similarly, the UAE has a robust Waqf system supported by federal laws that ensure the proper management of Waqf assets.

In contrast, non-Islamic countries like the UK, USA, and Germany manage similar charitable trusts under broader charity and trust laws. These countries do not have specific Waqf legislation, but Islamic charities operate within the framework of general trust laws, ensuring some degree of regulation while allowing religious autonomy.

The Role of the Joint Parliamentary Committee

The Waqf Amendment Bill 2024 has been referred to a Joint Parliamentary Committee (JPC) headed by Jagadambika Pal, a Senior Member of Parliament, for further scrutiny.  The JPC has 31 members across all parties.  This move reflects the government's intent to build consensus and address concerns raised by stakeholders. The JPC's role will be crucial in examining the bill's finer details, balancing the need for reform with the protection of religious rights.

Conclusion

The Waqf Amendment Bill 2024 represents a significant step towards reforming the management of Waqf properties in India. While the government's intentions to enhance transparency and accountability are commendable, the concerns raised by opposition parties and Muslim organisations cannot be ignored. A balanced approach that respects religious autonomy while ensuring effective governance will be key to the bill's success.

One truth remains constant in the ever-evolving governance landscape: change is inevitable. There is broad consensus that Waqf properties must be shielded from unauthorized claims. However, recent controversies have spotlighted significant gaps in transparency and procedural integrity when declaring Waqf properties. In a democracy like India, no entity is beyond the reach of law, and all actions must align with the nation’s legal framework. For the sake of communal harmony and to ensure transparent, accountable management of Waqf assets, reforms in the current legislation are necessary. Simultaneously, political parties must refrain from exploiting the Muslim community for electoral gains. The Joint Parliamentary Committee is responsible for refining this bill with the nation’s best interests at heart, ensuring that the final legislation balances reform and justice.

(Source: This article was published in the August 2024 edition of PreSense)