WAQF AMENDMENT BILL 2024

WAQF AMENDMENT BILL 2024.

The Waqf (Amendment) Bill 2024 introduces notable changes to the 1995 Waqf Act in India.

WHAT IS WAQF?

Under the Waqf Act of 1954, a waqf refers to property (movable or immovable) dedicated to God for religious and charitable purposes. Such properties are managed in accordance with Islamic law.

WHAT IS WAQF BOARD?

A Waqf Board is a legal entity that manages waqf properties. It can acquire, hold, and transfer property. Each state has a Waqf Board headed by a chairperson and including representatives from various sectors such as the state government, Muslim legislators, parliamentarians, members of the state bar council, Islamic scholars, and managers of waqfs with an annual income of ₹1 lakh and above.

WHAT IS WAQF ACT 1995?

The Waqf Act 1995 is comprehensive legislation that improved the administration and management of waqf properties. It established the Central Waqf Council and state Waqf Boards, outlining the distribution of powers between chief executive officers and Waqf Boards.

KEY FEATURES OF WAQF AMENDMENT ACT 2024:

1. Inclusion of Diverse Members:

– The bill proposes that each Waqf Board, including the Central Waqf Council (CQC), have representation from two Muslim women and two non-Muslim members. This is aimed at ensuring diverse representation.

2. Determination of Waqf Property:

– District collectors will now be the primary authority in determining whether a property is classified as waqf or government land, rather than the Waqf Tribunal. Critics argue this could lead to misuse by vested interests seeking valuable properties.

3. Special Boards for Different Communities:

– The bill introduces separate boards for Bohras and Agha Khanis, alongside Shias and Sunnis, ensuring representation for various sects within the Waqf Board.

4. Central Government Audits:

– The central government will have the authority to audit waqf properties through auditors appointed by the Comptroller and Auditor General of India.

5. Requirement of a Valid Waqfnama:

– The bill mandates a valid waqfnama (document) to officially dedicate a property as waqf, as opposed to the current law allowing informal agreements.

ISSUES AND OPPOSITION:

The opposition argues that the Waqf Amendment Bill 2024 is unconstitutional and infringes upon fundamental rights guaranteed by Article 26 of the Indian Constitution, which provides:

Right to Establish and Maintain Institutions:

– Religious denominations have the right to establish and maintain institutions for religious and charitable purposes.

Right to Manage Religious Affairs:

– Religious denominations have the right to manage their own affairs in matters of religion.

Right to Own and Acquire Property:

– They have the right to own and acquire movable and immovable property.

Right to Administer Property:

– They have the right to administer such property in accordance with their own laws.

Critics argue that the bill, by imposing certain regulations and changes to the management and administration of waqf properties, may infringe on these rights by involving governmental authorities in religious matters, potentially undermining the autonomy of religious institutions.

CONCLUTION:

The Waqf (Amendment) Bill 2024 represents a pivotal shift in the management of waqf properties in India. It seeks to enhance transparency and accountability by introducing measures such as diverse representation on Waqf Boards, shifting the authority for property classification to district collectors, and mandating rigorous audits by central authorities. Additionally, it addresses representation for various sects within the waqf community and enforces stricter documentation requirements.

However, the bill has sparked significant controversy, particularly regarding its potential infringement on constitutional rights. Critics argue that by imposing government oversight and altering traditional management structures, the bill may encroach upon the autonomy of religious institutions and their ability to manage their own affairs as guaranteed by Article 26 of the Indian Constitution.

The balance between improved governance of waqf properties and respecting religious autonomy is at the heart of the debate. The outcome of this legislative change will likely hinge on finding a compromise that upholds both effective management and the constitutional rights of religious denominations.

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