Editor's Desk

Abdul Quadir | Team TrickyScribe: On August 8, 2024, the Central government introduced two crucial bills in the Lok Sabha—The Waqf (Amendment) Bill, 2024, and The Mussalman Wakf (Repeal) Bill, 2024. These legislative measures aim to bring about sweeping changes in the management and administration of Waqf properties across the country. The amendments focus on modernizing governance structures, enhancing transparency, and addressing long-standing concerns about mismanagement, illegal occupation, and legal loopholes in the Waqf system.

The Need for Reform in Waqf Management

Waqf properties in India are currently regulated by the Waqf Act, 1995, which was enacted to manage and protect religious endowments and ensure their use for community welfare. However, over the years, several issues have emerged, making the need for reform undeniable. The principle of irrevocability—once a property is declared Waqf, it remains so forever—has led to serious legal disputes, with claims over lands such as those in Bet Dwarka raising concerns. Poor management, illegal occupation, and delays in property registration have resulted in large-scale litigation and thousands of unresolved complaints.

Another major flaw in the existing Waqf Act is the lack of judicial oversight. The decisions of Waqf Tribunals cannot be challenged in higher courts, reducing transparency and accountability. Surveys of Waqf properties have remained incomplete in several states, with some, like Gujarat and Uttarakhand, failing to begin surveys at all. The misuse of Section 40 of the Waqf Act has further fueled controversy, as private properties have often been arbitrarily declared Waqf, leading to prolonged legal battles.

The Consultation Process Behind the Amendment

Before drafting the Waqf (Amendment) Bill, 2024, the Ministry of Minority Affairs conducted extensive consultations with various stakeholders. Inputs were taken from public representatives, state Waqf Boards, and experts to address widespread concerns regarding mismanagement, the misuse of Waqf laws, and the underutilization of Waqf properties. Special meetings were held in Lucknow and New Delhi, where officials discussed reforms such as restructuring tribunals, improving the registration process, and ensuring proper documentation of Waqf properties.

The government also studied international practices in Waqf management, examining models from countries like Saudi Arabia, Egypt, Pakistan, Bangladesh, and Turkey. These nations regulate Waqf properties through government oversight, ensuring accountability and efficiency. Inspired by these models, the proposed amendments in India seek to introduce a more transparent and structured approach to managing Waqf assets.

Introduction and Scrutiny of the Waqf Amendment Bill

Following its introduction in Parliament on August 8, 2024, the Waqf Amendment Bill was referred to a Joint Parliamentary Committee for detailed examination. The committee, comprising 21 Lok Sabha and 10 Rajya Sabha members, invited public and expert opinions, receiving an overwhelming 97,27,772 memoranda from across the country. During its deliberations, the committee held thirty-six sittings, consulting representatives from various ministries, state governments, and organizations such as the All India Muslim Personal Law Board, Darul Uloom Deoband, and the All India Pasmanda Muslim Mahaaz.

To ensure a thorough review, committee members visited ten cities, including Mumbai, Ahmedabad, Hyderabad, Chennai, Guwahati, Patna, and Kolkata, engaging with stakeholders to understand regional challenges in Waqf property management. After in-depth discussions, the committee conducted clause-by-clause scrutiny of the bill, making significant recommendations before submitting its final report to the Speaker of the Lok Sabha on January 31, 2025.

Key Reforms Proposed in the Waqf Amendment Bill, 2024

The amendments in the new bill are designed to bring transparency and efficiency to Waqf management while addressing past shortcomings. One of the most significant changes is the restructuring of Waqf Boards to include representatives from non-Muslim communities, ensuring a broader and more inclusive governance model. The bill also mandates a digital portal for Waqf records, allowing automated registration, survey, and auditing of properties.

Another key reform is the introduction of stricter regulations on property claims. Government lands previously declared Waqf will now be reassessed, and disputes will be resolved by state authorities rather than Waqf Boards. To enhance judicial oversight, appeals against Waqf Tribunal decisions will now be allowed in the High Court within 90 days, preventing arbitrary rulings.

Additionally, the bill focuses on women’s rights within Waqf governance. Before any property is dedicated to Waqf, women must receive their rightful inheritance, a provision aimed at preventing gender-based discrimination. To curb financial irregularities, Waqf institutions with an annual income exceeding ₹1 lakh must undergo mandatory audits conducted by state-appointed auditors.

Comparing the 1995 Waqf Act and the 2024 Amendment Bill

The proposed amendments bring several key changes compared to the Waqf Act of 1995. While the original act allowed Waqf creation through declaration, usage, or endowment, the new bill removes the “Waqf by user” provision, preventing disputes over unregistered properties. Unlike the 1995 Act, where Waqf Boards had the sole authority to declare properties as Waqf, the amendment removes this provision, ensuring government intervention in disputed claims.

The restructuring of the Central Waqf Council and State Waqf Boards is another notable reform. Earlier, all members were required to be Muslims, but under the new bill, two non-Muslim members will be included in both the Central and State Waqf Boards. Similarly, the Waqf Tribunals, which previously included an expert in Muslim law, will now be led by a District Court judge and a joint secretary from the state government, improving legal scrutiny.

Addressing Concerns Over the Constitutional Validity of the Waqf Act

One of the most debated aspects of Waqf laws in India has been their exclusivity to a single religion. A Public Interest Litigation (PIL) in the Delhi High Court has questioned the constitutional validity of the Waqf Act, arguing that no similar law exists for other religious communities. The court has sought a response from the Central government, further intensifying discussions on the future of Waqf legislation.

The misuse of Waqf laws has also come under scrutiny, with reports indicating that in 25 states, over 5,973 government properties have been declared Waqf, leading to legal disputes. In Delhi alone, the Ministry of Housing and Urban Affairs identified 361 properties under litigation, including lands controlled by the Delhi Development Authority. Similar cases in Karnataka and Maharashtra have raised concerns about the unchecked authority of Waqf Boards.

The Road Ahead: Balancing Tradition with Modernization

The Waqf (Amendment) Bill, 2024, represents a crucial step towards reforming Waqf property management in India. By introducing digital governance, ensuring legal accountability, and preventing arbitrary property claims, the bill seeks to modernize a system that has long been plagued by inefficiencies and disputes. However, as debates around its constitutional validity and the inclusion of non-Muslim members continue, the true impact of these reforms will only become clear in the coming years.

With its emphasis on transparency, efficiency, and social inclusivity, the amendment bill has the potential to transform Waqf administration into a model of good governance. Its success, however, will depend on effective implementation and the willingness of all stakeholders to embrace change. As the bill moves forward, it remains to be seen whether these reforms will truly resolve the challenges that have long hindered the optimal use of Waqf properties in India.

Though the avowed purpose of the bill is claimed to be modernisation and effective management of Waqf properties, the timing, hurry and apparent lack of wider consultation along with the apparently divisive politics of the ruling party, make the bill controversial and dilute its acceptability. The proceedings of the JPC too make Parliamentary process less graceful and erode its credibility.

It is nobody’s case that the Waqf properties are properly managed but the remedy appears to be worse than the disease.

An Ostrich-Like Approach to a Crisis

As India grapples with an economic crisis triggered by both national and international factors, the government’s decision to push the Waqf Amendment Bill reflects a misplaced sense of urgency. The move mirrors an ostrich’s tendency to bury its head in the sand when faced with an impending storm. Meanwhile, on the global stage, President Trump adopts an unpredictable approach—ruthless towards allies and surprisingly lenient with adversaries.

Faith Over Practicality?

This isn’t the first time India has turned to symbolic gestures in the face of real crises. We saw ‘thali-beating’ and lamp-lighting rituals during the COVID-19 pandemic. Now, while the stock market struggles and Trump’s policies threaten to undermine India’s economic stability, the nation is fixated on a bill that does little to address pressing economic concerns but is sure to stoke social tensions.

A Political Distraction Amid Economic Woes

Regardless of the fate of the Waqf Amendment Bill, few will be shocked if it follows the trajectory of the Citizenship Amendment Act (CAA) or the Triple Talaq law—legislation that sparked controversy and division. With the farm sector in distress, manufacturing stagnant, unemployment at record levels, and inflation squeezing household budgets, prioritizing the Waqf issue reflects political schizophrenia rather than governance.

A Legal and Diplomatic Quagmire

The bill also raises serious concerns about India’s secular credentials, inviting international scrutiny. Domestically, it is poised to burden an already overstretched judiciary with fresh litigation. The judicial system, which is struggling with backlog and inconsistencies, hardly needs another contentious legal battle.

Mismanagement Beyond Waqf

There’s no denying that Waqf properties have been mismanaged, with allegations involving powerful figures, including Mukesh Ambani’s Antilia. However, Waqf isn’t the only religious endowment plagued by mismanagement. The BJP’s apparent concern for Muslim deprivation appears opportunistic rather than genuine. The rushed approach to the bill risks deepening mistrust within the Muslim community and playing into the hands of political provocateurs like the Owaisi brothers.

Battleground Bihar: Land Politics and Electoral Calculations

At its core, the Waqf Amendment Bill is a land issue, and land disputes in India have historically ignited strong emotions. In Bihar, land reform measures—be it Bhoodan, land ceiling, or even the recent land survey—have largely been abandoned due to public resistance. The timing of the Waqf debate, coinciding with Bihar’s assembly elections, suggests a calculated political move. While the bill may not drastically alter the election outcome, any advantage will likely benefit the BJP, while Nitish Kumar risks alienating Muslim voters and tarnishing his non-communal image. For him, this may well be a ‘Gunah be lazzat’—a tasteless sin!

Total Views: 4,26,754