Understanding the Waqf (Amendment) Bill, 2024: What It Means for Waqf Properties in India

The Union government recently introduced the Waqf (Amendment) Bill, 2024, stirring up a lot of discussions and debates across the country. The bill proposes significant changes to the way Waqf properties are managed and regulated. But what exactly is a Waqf property, and why is this amendment creating such a buzz? Let’s to know.. 

What Is a Waqf Property? 

Waqf property refers to any moveable or immovable property (like land or buildings) that has been dedicated to God for charitable purposes. This tradition has been followed for centuries, even before formal documentation of such properties began. Waqf properties can include anything from land for mosques, graveyards, and schools, to buildings used for shelters or other charitable activities. These properties are meant to benefit the Muslim community and are held perpetually in the name of God, meaning they cannot be sold or transferred. 

There are two types of Waqf properties:

1. Public Waqf: These are properties dedicated to benefit the general public, like a mosque or a school.
2. Private Waqf: These properties are meant to benefit the descendants of the person who created the Waqf. 

What Is a Waqf Board? 

The Waqf Board is a legal body responsible for managing Waqf properties. Each state in India has its own Waqf Board, which appoints caretakers (called Mutawallis) for each Waqf property to ensure that the proceeds are used as intended. The Central Waqf Council (CWC), established in 1964, oversees the functioning of these state Waqf Boards. It advises the government and the boards on issues like financial management, revenue records, and encroachment of Waqf properties. 

In 1995, the Waqf Act was passed, giving the Waqf Boards significant powers to declare a property as Waqf. However, this has sometimes led to disputes, especially when the ownership of the property is unclear or when it overlaps with government land. 

Why Is the Waqf (Amendment) Bill, 2024, Being Introduced? 

The Waqf (Amendment) Bill, 2024, seeks to address some of these disputes and bring more government oversight into the management of Waqf properties. The bill has sparked controversy, with opposition parties arguing that it could take away the rights of the Muslim community to manage their properties. However, the government claims that these changes are necessary to bring transparency and prevent misuse of Waqf properties. 

Key Changes Proposed in the Bill 

• Registration with District Collector: The bill makes it mandatory for all Waqf properties to be registered with the District Collector’s office. This is to ensure that the property is properly evaluated and its status is clear. 
• Government Land Not Considered Waqf: Any government land that has been declared as Waqf property, either before or after this law is passed, will no longer be considered Waqf. The District Collector will decide whether a property is Waqf or government land, and this decision will be final. 
• Dispute Resolution: If there’s a dispute over a property being declared as Waqf, the case can now be taken to the High Court, instead of being decided only by the Waqf Tribunal. This is meant to provide a fair and transparent process for resolving such disputes. 
• Audit by Central Government: The bill also gives the Central government the power to audit any Waqf property at any time. This will be done by an auditor appointed by the Comptroller and Auditor-General of India or any other officer designated by the Central government. 
• Women’s Representation: The bill aims to ensure that women are represented on the Central Waqf Council and the state Waqf Boards, promoting gender equality in the management of these properties. 

What Does This Mean for the Muslim Community? 

The Waqf (Amendment) Bill, 2024, could bring significant changes to how Waqf properties are managed. While the government argues that these changes are necessary for transparency and to prevent disputes, some members of the Muslim community are concerned that it could lead to their losing control over Waqf properties. 

The bill’s impact will depend on how it is implemented and whether it strikes the right balance between government oversight and the community’s right to manage its religious and charitable properties. 

As the debate continues, it’s clear that the Waqf (Amendment) Bill, 2024, is a significant piece of legislation that could shape the future of Waqf properties in India.