The Narendra Modi-led Central government is poised to bring significant changes to the Waqf Act, which will redefine the powers of the Waqf Board. On Friday, the Union Cabinet approved approximately 40 amendments to the Waqf Act.
Key Amendments
The proposed amendments include mandatory verification of claims on properties made by Waqf Boards, as well as for disputed properties of Waqf Boards. This move aims to ensure transparency and accountability in the management of Waqf assets.
Bill Introduction in Parliament
A Bill to amend the Waqf Act is expected to be introduced in Parliament next week. This legislative effort underscores the government’s commitment to reforming the management and oversight of Waqf properties, which encompass over 8.7 lakh properties totaling around 9.4 lakh acres.
Historical Context
The Waqf Act, 1995, was originally enacted to regulate ‘auqaf’ (assets donated and notified as waqf) by a wakif—the person who dedicates a property for any purpose recognized by Muslim law as pious, religious, or charitable. In 2013, the UPA government had strengthened the powers of the Waqf Boards by amending the original Act.
Women’s Representation
One of the significant aspects of the proposed amendments is the inclusion of women in the Central Waqf Council and state boards. This move aims to increase female representation and ensure diverse perspectives in the governance of Waqf properties.
Electoral Implications
Sources suggest that these amendments are particularly crucial in light of the upcoming elections in Maharashtra, Haryana, and Jharkhand. The government’s initiative to reform the Waqf Act may have significant political and social implications in these states.
Oversight and Monitoring
The government has previously raised concerns about the extensive powers of state Waqf boards to claim properties and the delays in surveying such properties in many states. To address these issues, the government is considering involving district magistrates in monitoring Waqf properties to prevent misuse of assets.
Appeal Process Reforms Waqf Act
The current appeal process under the Waqf Act is also under scrutiny. At present, an appeal against a decision of the board lies with the tribunal, but there is no specified timeline for the disposal of such appeals. The decision of tribunals is final, with no provision for further appeal except under writ jurisdiction in high courts. The proposed amendments aim to rectify these flaws and streamline the appeal process.
Current Waqf Boards
There are currently 30 Waqf boards across the country, each managing significant properties and assets. The proposed changes are expected to enhance the efficiency and transparency of these boards, ensuring better management of Waqf assets.