Waqf Bill 1995 vs 2024: A Deep Dive into the Transformative Changes in Waqf Property Management
Introduction
In recent years, the Waqf Amendment Bill, 2024, has garnered significant attention due to its profound changes to the Waqf Act, 1995. Waqf, a critical component of Islamic law, involves the dedication of property for religious, charitable, or public purposes. The new amendments aim to enhance transparency, efficiency, and governance in Waqf property management. This article delves into the key differences between the 1995 Act and the proposed 2024 Bill, highlighting significant changes in ownership, management, and legal processes.
Overview of Waqf and Its Evolution
Waqf is a vital institution in Muslim societies, allowing individuals to create long-term charitable trusts. Over the years, Waqf properties have faced numerous challenges, including encroachments, poor management, and lack of government oversight. The Waqf Act, 1995, was designed to provide a structured framework for managing these properties, but it has faced criticisms for its limitations and inefficiencies.
Key Changes in the Waqf Amendment Bill, 2024
- 1995 Act: Waqf could be formed through declaration, user (long-term use for religious or charitable purposes), or endowment when the line of succession ends.
- 2024 Bill: The concept of "Waqf by user" has been removed. Only properties officially declared or endowed as Waqf by practicing Muslims for at least five years will be recognized. Additionally, the Bill ensures that female inheritance rights cannot be denied[1][4].
2. Government Property and Disputes
- 1995 Act: There was no clear rule regarding government-owned land being declared as Waqf.
- 2024 Bill: Any government property mistakenly recorded as Waqf will no longer be considered so. Disputes will be resolved by the District Collector under state revenue laws[1][3].
3. Waqf Board Composition and Non-Muslim Members
- 1995 Act: Waqf Boards were composed entirely of Muslims, with at least two women included.
- 2024 Bill: The composition has been altered to include two non-Muslim members and representatives from various Muslim communities (Shia, Sunni, Backward-class Muslims, Bohra, and Agakhani). Additionally, two Muslim women must be part of the board[1][5].
4. Central Waqf Council Changes
- 1995 Act: All members of the Central Waqf Council had to be Muslims.
- 2024 Bill: The Council will now include two non-Muslim members, while some positions, like representatives of Muslim organizations and Islamic scholars, must still be held by Muslims[1][3].
Survey of Waqf Properties
- 1995 Act: Surveys were conducted by Survey Commissioners and Additional Commissioners.
- 2024 Bill: The District Collector will oversee surveys, aligning them with state revenue laws. This change aims to bring Waqf records in line with other land ownership records[1][4].
Waqf Tribunal Composition and Appeals
- 1995 Act: Tribunals were led by a judge and included an Additional District Magistrate and a Muslim law expert. Decisions were considered final unless appealed under special circumstances.
- 2024 Bill: The tribunal composition now includes a District Court judge and a joint secretary from the state government, with the requirement for a Muslim law expert removed. Appeals can be filed directly in the High Court within 90 days[1][2].
Central Government Oversight
- 1995 Act: State governments had the authority to audit Waqf accounts at any time.
- 2024 Bill: The central government gains more control with the power to make rules on Waqf registration, accounts, and audits, which can be conducted by the Comptroller and Auditor General (CAG) or a designated officer[1][4].
Separate Waqf Boards for Sects
- 1995 Act: Separate Waqf Boards were allowed for Shia and Sunni communities if Shia Waqf assets exceeded 15% of total Waqf properties.
- 2024 Bill: The new Bill extends this provision to include Bohra and Agakhani Waqf Boards as well, allowing for more community-specific management[1][3].
Conclusion: Impact and Future
The Waqf Amendment Bill, 2024, introduces significant reforms aimed at improving Waqf property management in India. These changes seek to address long-standing issues such as encroachments, poor transparency, and inefficiency in Waqf administration. However, the inclusion of non-Muslim members and enhanced government oversight have sparked debate and criticism from some quarters. As the Bill progresses through its legal stages, its implications on the management and future of Waqf properties in India remain keenly observed.
Key Takeaways
- Enhanced Government Oversight: Central and state governments gain more control over Waqf properties.
- Inclusive Governance: Non-Muslim members are included in Waqf Boards and the Central Waqf Council.
- Legal Reforms: Appeals can now be filed in High Courts against Waqf Tribunal decisions.
- Efficient Management: Changes aim to bring Waqf records in line with other land ownership systems.
These reforms reflect a broader effort to modernize Waqf management in India, emphasizing transparency, accountability, and efficiency. While they aim to address past shortcomings, they also underscore the complex interplay between religious institutions and government regulations in modern societies.
