Bill to amend Waqf boards law tabled today.

Bill to amend Waqf boards law tabled today.

Centre to Introduce Key Bills for Reforming Waqf Boards

Introduction

On Thursday, the Indian government will introduce two pivotal bills in Parliament aimed at reforming the laws governing Waqf Boards. These legislative proposals, spearheaded by Minority Affairs Minister Kiren Rijiju, seek to address longstanding issues and modernize the framework overseeing Waqf properties. This move reflects the government’s commitment to improving the management and representation of Waqf institutions in India.

Details of the Proposed Bills

The revised list of business for the Lok Sabha reveals that Kiren Rijiju will present two key bills:

1. Amendment Bill for Waqf Act, 1995: This bill proposes a series of amendments to the Waqf Act of 1995. The objective is to refine and update the existing legislation to enhance the governance and management of Waqf properties. The amendments are designed to streamline processes, improve transparency, and ensure more effective administration of Waqf assets.
2. Repeal of Mussalman Wakf Act, 1923: The second bill seeks to repeal the Mussalman Wakf Act of 1923. This Act is considered outdated, and its repeal is intended to simplify and modernize the regulatory framework governing Waqf institutions. The repeal reflects a broader effort to eliminate antiquated laws and replace them with more contemporary and efficient regulations.

In addition to introducing these new bills, Rijiju will request the withdrawal of a previous bill presented in the Rajya Sabha on February 18, 2014. This bill, titled “The Waqf Properties (Eviction of Unauthorised Occupants) Bill, 2014,” aimed to address unauthorized occupancy of Waqf properties. The withdrawal of this bill signifies a shift in the government’s approach, indicating a move towards implementing new, more comprehensive reforms.

Context and Rationale for Reform

The introduction of these bills comes amidst significant controversy and criticism regarding the perceived curtailing of powers of the Waqf Boards. Various Muslim organizations have expressed concerns that the current legal framework does not adequately represent the diverse interests of the Muslim community or ensure effective management of Waqf properties. Critics argue that the existing system is flawed and requires substantial reform to address these issues.

The proposed bills aim to address these concerns by implementing comprehensive reforms in the Waqf Board system. Key aspects of the proposed amendments include:

1. Compulsory Female Representation: One of the notable changes proposed is the inclusion of two women members on the Waqf Boards. This measure is intended to enhance gender inclusivity and ensure that women’s perspectives are represented in the governance of Waqf institutions.
2. Central Portal for Registration: The introduction of a central portal for the registration of Waqf properties is another significant change. This portal will streamline and standardize the management of Waqf assets, making it easier to track and manage these properties across different jurisdictions.
3. Protection of Bohra Community Rights: The amendments will include provisions to protect the rights and interests of the Bohra community. This is an effort to ensure that the specific concerns and needs of this community are addressed within the new regulatory framework.
4. Revocation of Section 40: The proposed amendments also include the revocation of Section 40 of the existing Waqf Act. This section currently grants the Waqf Boards the power to declare any property as a ‘Waqf property.’ The repeal of this section is aimed at reducing the Boards’ discretionary power in property classification and improving transparency in the management of Waqf assets.
5. Renaming and Rebranding: The Waqf Act of 1995 will be renamed the Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995. This rebranding reflects a broader vision for more efficient and inclusive management of Waqf properties. The new name emphasizes the focus on empowerment, efficiency, and development within the Waqf sector.
6. Establishment of Separate Boards: The proposed amendments also include the establishment of a separate Board of Auqaf for the Bohras and Aghakhanis. This aims to address the specific needs and interests of these communities more effectively.
7. Representation of Women and Non-Muslims: The Central Waqf Council and state Waqf Boards will have representation from both Muslim women and non-Muslims. This change is designed to promote a more balanced and inclusive approach in the governance of Waqf properties.

Support from Dargah Chiefs

The proposed amendments have received support from various Dargah chiefs, indicating a positive reception among key stakeholders. On Tuesday evening, a delegation from the All India Sufi Sajjadanashin Council (AISSC), led by Shri Syed Naseruddin Chishty, Chairman & Successor of the Present Spiritual Head of Ajmer Dargah, met with Kiren Rijiju. During the meeting, the delegation expressed their support for the new legislation and praised Prime Minister Modi’s efforts towards the welfare of minorities and the Muslim community.

Current Status of Waqf Properties

Waqf Boards manage a substantial portfolio of assets, including approximately 8.7 lakh properties spanning around 9.4 lakh acres. This extensive land bank underscores the importance of effective governance and management. The proposed reforms are aimed at addressing these challenges and ensuring that Waqf properties are managed in a transparent, accountable, and efficient manner.

Conclusion

By addressing issues related to representation, inclusivity, and efficiency, the government aims to modernize the Waqf Board system and improve its functionality. The legislative changes, including the repeal of outdated laws and the introduction of new provisions, reflect a commitment to ensuring that Waqf institutions operate in a more transparent and inclusive manner.

As the bills proceed through the parliamentary process, they will likely be subject to debate and scrutiny. The outcome of this legislative effort will have far-reaching implications for the management of Waqf properties and the representation of Muslim communities in the governance of these assets. The proposed reforms represent a crucial effort to address longstanding issues and pave the way for a more effective and equitable management of Waqf properties in India.