Defanging The Waqf Act: The 2024 Amendments Unlocked

The proposed 2024 amendments to the Waqf Act have sparked widespread discussion. The toolkit readies itself to counter the Bills in parliament, media, and streets. The Bangladesh violence has emboldened the ‘peacefuls’ in Bharat. They hope to use the terms ‘Dictator‘, ‘Islamophobia‘, and others to counter the changes proposed under the 2024 amendments.

A section of staunch nationalists demand the abrogation of the Waqf Act. However, blanket removal of the appeasement-pro-max Waqf shall ensure that Bharat burns in Islamic riots. Hence, the BJP plans to defang the Waqf through the amendments. These amendments represent a monumental shift in the management, administration, and oversight of Waqf properties. Let’s explore the amendments and understand their profound impact on Bharat.

Historical Evolution of the Waqf Act

The Waqf Act has undergone several transformations since its inception under the British Raj in Bharat. The Act gave unequal powers to the Muslim clerics and upper castes. Later amendments were directed by the appeasement politics practiced by the Gandhi Parivar and its CON party. The two major amendments in 1995 and 2014 (drafted in 2013) turned the Waqf Board into a land-grabbing oligarch! Before their exit from power, 123 properties were allegedly transferred by the CON party into the hands of the Waqf Board.

• 1923: The original act laid the foundation for Waqf property management under the British Raj. It was formulated into law in 1925.
• 1954: The newly minted Independent India gave the Waqf Board legal feet to stand on under PM Jawahar Lal Nehru. They brought the British Raj system into the new constitution.

From 1963, 1964, and 1984 the Waqf Act was amended for various reasons by the governments. However, none were more anarchist in nature than the ones placed by Congress-led governments in 1995 and 2014.

The Draconian Amendments:

• 1995: Significant updates were introduced by PM Narasimha Rao’s CON party government. With elections due in 1996, the INC wanted to secure its appeasement package to its primary vote bank via these amendments.
• 2014: Similar to the crisis in 1995, the INC’s UPA alliance faced a formidable enemy in the BJP’s Modi wave. Hence, the hugely unpopular and deeply corrupt UPA introduced almost draconian amendments to the Waqf Act in December 2013. These amendments became law in February 2014, just before the Moral Code of Conduct period. These amendments led to parallel Waqf governance regarding property within the Bharat.

The Porposed Amendment

• 2024: The current and long-due amendments by the BJP propose to defang the entire Waqf system of its oligarchy-like teeth. The amendments are secular, progressive, and within the tenets of Islamic law. Thus, these qualities deprive the Waqf Board of placing any valid arguments against the amendments. Hence, INDI-Alliance shall try to derail these amendments by using propaganda or street-veto! After all, they need to appease their permanent “peacefu;” vote-bank.

Key Amendments Proposed in the Waqf Act

Adding Defintions and Conditions

One of the amendments segregates the Waqf Board into clan-driven Waqfs. This amendment shall fracture the Ummah’s Sunni front. It may also cause internal strife among the various Waqf Boards. Thereby, stopping any individual board from amassing unlimited powers under one singular name.

Aghakhani Waqf and Bohra Waqf will be the new terms to divide the Waqf by recognizing diverse Islamic traditions.

The amendments also ensure users cannot turn any property into Waqf property without proper documentation of donation. Only through a specified, transparent method of declaration can a Waqf donation be turned into Waqf property. 

Modernization of Archaic Qazi-Controlled Waqf

Another amendment shifts oversight from Waqf Surveyors to government-appointed Collectors. This ensures the impartiality of the surveys on claims and counter-claims filed under the Waqf Act. 

The Waqf Mutawalli had limited powers and was dependent on the Qazi for directions.

Now, the proposal shall allow Collectors to oversee the claims of the Waqf Board!

Additionally, the Waqf Board will need to organize its database and make required portal entries under the central and state government system. This ensures that a centralized digital platform has access to Waqf Board Data. It increases transparency and aligns Waqf management with current administrative practices. Thereby, reducing the exclusivity of the Waqf and ensuring modernization at the same time.

Registration of Waqf Properties

The proposed amendments mandate Digital Portal registration of Waqf properties. This clause ensures that Waqf does not arbitrarily declare or claim land. Additionally, it prevents discrepancies in the notification or acceptance of the claim process.

Mandatory Registration within a specified 6 month period disables the legal loopholes given by the UPA to the Waqf Board for exploitation.

Therefore, the emphasis on digital registration aims to curb fraudulent claims and enhance transparency in property management in Bharat. The amendment also makes the Waqf Board answerable to the CAG-appointed auditors. Hence, the Waqf Board shall be audited by non-Waqf-board approved auditors to increase accountability of funds and regulation of assets. 

Deletion Of Declaration of Waqf By Use

The Waqf by Use clause empowered the ‘Once a Waqf, always a Waqf’ ideology.

This clause stated that the property can be designated by the user as Waqf. Why? Because it is used for Islamic purposes with/without the owner’s consent. Once a property is declared Waqf another clause ensured that it cannot be claimed back. Hence, the 2024 amendment omits this Waqf by Use clause. Thereby, restoring owners’ rights to the property until legally donated. 

Management and Administration of Waqf Act

To ensure ‘Mahila Nyaya,’ the new proposal presents provision for women’s inheritance in waqf-alal-aulad properties. Thereby, promoting gender equality in a male-dominant religion. The amendments also require the Waqf Board to have representation from Weaker Sections of the Muslim Society. Thereby, ensuring the inclusivity of OBC and SC Muslims in the governance of Waqf properties. 

These groundbreaking provisions shall wrest the control of the Waqf Board from the hands of upper-caste Muslims to ensure that all segments of the Muslim community have a voice.

Currently, the 1.2 lakh crore Waqf property lies in the hands of less than 200 individuals. These properties generate revenue without incurring taxes. The amendment aims to ensure equal representation in the Waqf Board.  

Waqf Act and Dispute Resolution

The Waqf Tribunal shall be rendered powerless by the new amendments. A proper Judicial Oversight is introduced in the 2024 proposal for amendments. The state government, central government, and the judiciary will have a voice in matters of dispute. Thereby ensuring a chance to resolve disputes swiftly and fairly.

This amendment takes away the Waqf Tribunal’s Quasi-Judicial status.

It firmly places the Waqf Board within the structure of national laws.

Therefore, the amendments to this section shall ensure non-Muslims have a voice in disputes. Additionally, they ensure that the Waqf Board functions in compliance with regional and national laws.

How Do These Amendments of Waqf Act 2024 Empower Bharat?

1. Transparency and Accountability: The creation of a centralized digital database and mandatory online registration marks a significant leap towards transparency. By making information publicly accessible, the amendments prevent misuse and unauthorized claims, fostering public trust.
2. Inclusivity and Gender Equality: By guaranteeing women’s inheritance rights and mandating representation from Muslim women, the amendment empowers female Ummah! And by including weaker sections of the Islamic Community, it promotes a more inclusive governance model in Waqf Boards.
3. Protection of Government Properties: The amendments decisively address the issue of undue Waqf claims on government properties. All previous and current claims on government properties are considered null and void. By releasing these properties from Waqf claims, the government ensures their proper utilization of public resources. Additionally, it prevents legal and administrative hurdles.
4. Enhanced Role of Collectors: Transferring oversight from Waqf Surveyors to Collectors introduces a layer of impartiality and government accountability. Collectors, as government-appointed officials, bring a higher degree of scrutiny and fairness to the management of Waqf properties.
5. Judicial Efficiency: The establishment of a dedicated judicial mechanism for dispute resolution ensures that conflicts are resolved swiftly and justly. Hence, the amendments ensure that Waqf properties are managed with proper legal purview in consonance with Indian laws.

A New Dawn for Waqf Management in Bharat

The 2024 amendments to the Waqf Act represent a transformative step towards a more transparent, inclusive, and efficient management of Waqf properties in Bharat. By aligning with both Islamic principles and contemporary governance standards, these amendments ensure that Waqf properties are managed in a manner that benefits the entire nation.

These changes dismantle the shadow of unverified claims on public properties. It empowers women and weaker sections of the Ummah. Additionally, it duplicates the secular fabric of Bharat in the Muslim community. As the BJP fights for these landmark amendments, the Hindus of the nation pray for their success. These amendments will save non_muslism from facing the Muslim oligarchy named Waqf Board. Thus, let’s hope that this just and equitable system of Waqf management is accepted and implemented soon.

References

https://centralwaqfcouncil.gov.in/sites/default/files/The%20Waqf%20Act%201954.pdf

https://www.indiacode.nic.in/bitstream/123456789/18918/1/the_waqf_act_1995.pdf

https://centralwaqfcouncil.gov.in/sites/default/files/Waqf%20Board%20Regulations%2C%202014.pdf

https://www.minorityaffairs.gov.in/WriteReadData/RTF1984/1658315616.pdf