The contentious Waqf Amendment Bill was tabled in the Lok Sabha today, setting the stage for a showdown. On one hand, the BJP-led Centre claims the bill would improve the administration and management of Waqf properties in the country, the Opposition is calling it a "targeted legislation" and "fundamentally unconstitutional".
BJP's allies, TDP and JDU, have backed the bill, with Bihar CM Nitish Kumar-led JDU stressing that its implementation should not be retrospective.
The bill, aimed at amending the Waqf Act of 1995, which regulates the management of properties donated by Muslims, was first introduced in Parliament in August last year. However, following intense opposition from rival parties and various Muslim organizations, it was referred to a Joint Parliamentary Committee (JPC).
What are the bills on Waqf being tabled in Lok Sabha?
The government tabled the Waqf (Amendment) Bill, 2024, and the Mussalman Wakf (Repeal) Bill, 2024. They were introduced in the Lok Sabha on August 8, 2024.
After weeks of deliberations, marked by heated debates in the Parliament — including an incident where Trinamool Congress MP Kalyan Banerjee smashed a glass bottle and injured himself — the JPC approved 14 amendments to the bill. Meanwhile, the panel, chaired by BJP MP Jagdambika Pal, rejected all 44 amendments proposed by opposition members.
What is Waqf?
A waqf is a charitable or religious donation, usually in the form of property, made by Muslims. In most cases, these donations are made without proper documentation. The income from waqf properties is used to maintain mosques, graveyards, and to support madrasas and orphanages.
Once a property is declared as waqf, it cannot be sold or transferred. According to a report, waqf boards across the country manage around 8.72 lakh properties, covering more than 9.4 lakh acres of land.
What is the intention behind the new Waqf Bill?
The Waqf (Amendment) Bill, 2024, aims to revise the Waqf Act, 1995, to address challenges in regulating and managing waqf properties. The bill seeks to improve administration by renaming the Act, updating the definition of waqf, streamlining the registration process, and incorporating technology for better record management. These changes are intended to enhance the efficiency and transparency of Waqf boards across India.
The Mussalman Wakf (Repeal) Bill, 2024, seeks to repeal the outdated Mussalman Wakf Act, 1923, a colonial-era law no longer suitable for modern governance of waqf properties. By repealing this redundant legislation, the bill aims to ensure consistency, transparency, and accountability in waqf property management under the Waqf Act, 1995, eliminating legal ambiguities and overlaps.
The proposed amendments in the new Waqf Bill grant the government authority to regulate waqf properties and resolve related disputes. This has sparked opposition from various Muslim organisations.
Issues with the existing Waqf law
- Once a property is declared waqf, it remains so forever. Examples include the Bengaluru Eidgah ground, claimed as waqf property since the 1850s. Similarly, the Surat Municipal Corporation building, claimed due to historical use as sarai during Hajj in the Mughal era.
- The Waqf Act, 1995 along with its 2013 amendment has proven ineffective, resulting in several issues such as illegal land occupation, mismanagement, ownership disputes, delays in property registration and surveys, and an increase in litigation and complaints to the ministry.
- Waqf tribunal decisions cannot be appealed in higher courts, limiting transparency and accountability.
- Surveys have not yet started in Gujarat and Uttarakhand, while a 2014 survey in Uttar Pradesh remains incomplete. Lack of expertise and poor coordination with the revenue department have further delayed the registration process.
- Some state Waqf boards have misused their authority, triggering tensions between communities. Section 40 of the Waqf Act has been exploited to declare private properties as Waqf, causing legal disputes.
- Out of 30 States/UTs, only 8 have submitted reports, with 515 properties declared as Waqf under Section 40.
- The Waqf Act applies exclusively to one religion, raising concerns over constitutional validity, as no similar law governs other religious properties.
