Amendments to Waqf Board Act: A Move Towards Transparency

A new bill has been introduced in the Indian Parliament that aims to amend the Waqf Board Act of 1995. The primary goal of this amendment is to bring more transparency to the functioning of Waqf Boards and ensure the inclusion of women in these boards.

The government has stated that this step is crucial considering demands arising from within the Muslim community. Recently, a cabinet review of this bill took place, which proposes to revoke several sections of the existing Waqf Act. These revocations are mainly intended to reduce the arbitrary powers held by Waqf Boards, which currently allows them to claim any property as Waqf without mandatory verification.

The term ‘Waqf’ refers to properties dedicated for religious or charitable purposes under Islamic law. Once a property is designated as Waqf, it is considered to be transferred to Allah and cannot be altered. The management of these properties is overseen by a Waqf Board or a mutawalli appointed by an authority.

Interestingly, after the railway and defense departments, Waqf Boards are said to be the third-largest landholders in India. The Waqf Boards control approximately 8.7 lakh properties across 9.4 lakh acres, with estimates valuing them at around 1.2 lakh crores. Across India, we have 32 Waqf Boards, including two Shia boards in Uttar Pradesh and Bihar.

Today, the Waqf Amendment Bill has sparked debate in the Lok Sabha, with several opposition parties, including Congress and Samajwadi Party, expressing their dissent. The government argues that this bill is a means to curtail the unlimited powers enjoyed by the Waqf Boards and to promote better management practices.

Under the proposed amendments, there are plans to delete Section 40 from the Waqf Act, which grants boards the authority to determine if a property is Waqf or not. Additionally, the bill suggests the creation of a central portal and database for registering Waqf properties.

Another significant change proposed includes ensuring that at least two women must be part of both the Central Waqf Council and state Waqf Boards. Changes also allow individuals from any religion to be members of the committees overseeing these boards.

As for who can donate, it is proposed that only Muslims can donate their properties to the Waqf Council or Board, and this decision can only be made by the legal owner. The bill also suggests that funds received by the Waqf Boards should be utilized for the welfare of widows, divorced women, and orphans.

However, the opposition is calling for this amendment bill to be sent to a parliamentary committee for further review. Critics argue that the government needs to engage with Muslim organizations before implementing such changes.