Jaipur Dialogues Sends Its Waqf Recommendations

The Waqf Act of 1995 governs the management of waqf properties—assets donated for religious or charitable purposes in Islam. Over the years, the Act has faced criticism for its alleged misuse, particularly in the arbitrary declaration of properties as waqf, leading to numerous disputes. These concerns have primarily revolved around the transparency and powers vested in Waqf boards, which many believe operate without adequate oversight.

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The Waqf Act Amendment 2024 seeks to reform these issues, focusing on:

• Introducing clearer criteria for declaring properties as waqf.
• Strengthening transparency and accountability in Waqf board operations.
• Providing legal protections for non-Muslim property owners affected by waqf declarations.
• Revisiting the powers granted to Waqf boards to prevent misuse.

Prominent figures like Supreme Court lawyer Vishnu Shankar Jain have come forward to back the bill, with Jain calling it a “well-researched” legislative effort. His support for the bill highlights the growing demand for reforms within the Waqf Board system.

Key Issues for Feedback:

1. Transparency in Property Declarations:

• Feedback: Vishnu Shankar Jain emphasised the lack of transparency in waqf property declarations, with several cases of arbitrary claims over non-waqf properties. He argues that the bill addresses this by introducing clearer guidelines for waqf property identification and declaration.
• Question: Does the bill sufficiently address concerns regarding transparency? What additional safeguards can be introduced to ensure a fair declaration of waqf properties?

2. Pending Legal Cases:

• Feedback: With over 85,000 pending cases related to waqf properties, Shinde pointed out the bill’s role in streamlining legal procedures to resolve these disputes. The efficient management of these cases is crucial for addressing long-standing grievances.
• Question: Will the proposed amendments provide a clear path for resolving these legal disputes? How can the bill further improve the judicial process concerning waqf property cases?

3. Impact on Non-Muslim Property Owners:

• Feedback: Jain has raised concerns about non-Muslim properties being unjustly declared as waqf. The bill introduces legal protections to prevent such declarations and offers avenues for legal recourse.
• Question: Are the protections for non-Muslim property owners adequate? What additional measures should be included to protect their property rights?

4. Representation of Muslim Women: Waqf

• Feedback: Shinde highlighted the bill’s emphasis on increasing representation for Muslim women in waqf governance, an issue that has often been overlooked. This move is aimed at fostering greater inclusivity in decision-making.
• Question: How can the bill ensure that these provisions for female representation are effectively implemented? What further steps can be taken to empower Muslim women within the Waqf Board system?

5. Constitutional and Legal Reforms:

• Feedback: Jain has advocated for constitutional consistency, questioning whether the Waqf Act aligns with India’s secular framework. He argues that the current framework privileges one community over others, which the amendment aims to address.
• Question: Does the bill strike a balance between religious rights and property rights for all citizens? Should there be broader constitutional amendments to ensure fairness?

6. Repeal of Sections 4-6:

• Feedback: Jain has pushed for the repeal or amendment of Sections 4-6, which he claims are prone to misuse by Waqf boards to declare properties as waqf without due legal process.
• Question: Should Sections 4-6 be repealed or modified? How can the government prevent arbitrary waqf declarations while preserving the integrity of genuine waqf assets?

Stakeholder Impact:

• Muslim Community: The bill aims to safeguard the interests of the Muslim community by enhancing governance structures and empowering Muslim women. However, some critics argue it interferes too much in religious affairs.
• Non-Muslim Property Owners: Jain’s support of the bill highlights the need for stronger legal protections for non-Muslims whose properties are unfairly claimed as waqf.
• Legal Experts and Civil Society: The bill is poised to bring significant legal reforms that will impact property rights and the judicial process concerning waqf properties.