A proposed bill to amend the Waqf law has been introduced in the Lok Sabha, but it has already faced criticism.
Critics say the changes aim to weaken charitable donations and give property to those who encroach on it.
The name of the Waqf law is being changed to the **”Integrated Waqf Management, Empowerment, Efficiency, and Development Act.”** Experts believe the changes don’t match the new name.
The Ministry of Minority Affairs has given a copy of the proposed bill to all MPs. The government says the changes are needed to fix problems in the law and improve how Waqf properties are managed.
Waqf owns many large properties. It has 872,000 properties and 356,000 estates covering 940,000 acres. After the Defense Ministry and Indian Railways, Waqf is the largest landowner in India.
Court Challenges
In the past two years, about 120 petitions related to Waqf have been filed in high courts, leading to these proposed changes.
Petitions argue that the Waqf law is unfair because similar laws don’t apply to other minority religions like Jainism or Sikhism.
Lawyer Ashwini Upadhyay said, “No tribunal should be based on religion. India should have one law for everyone. About 15 of the 120 petitions were filed by Muslims. Charity and philanthropic work shouldn’t be based on religion.”
Political analyst Qurban Ali sees the changes as an attempt to gain government control over valuable lands. He says, “This is just to please the Hindu vote bank. The current Waqf law has problems, and there is corruption in various Waqf board units. Its management is poor.”
Protests have already occurred in small towns, especially in North India, demanding the dissolution of Waqf boards due to the proposed 44 amendments.
Major Changes
Waqf refers to property donated by someone who follows Islam for religious or charitable purposes.
The proposed amendments say that only someone who has followed Islam for at least five years and owns the relevant land can donate property to Waqf.
The bill removes the Additional Commissioner’s power to survey Waqf land and gives this job to the District Collector or Deputy Commissioner.
The amendments also suggest adding two non-Muslim representatives to the Central Waqf Council and State Waqf Boards. There is also a proposal to create separate Waqf boards for the Bohra and Agha Khani communities.
Waqf registration will be done through a central portal. This portal will require Mutawallis (managers of Waqf properties) to provide account details. The contribution required from Mutawallis for properties earning less than 5,000 rupees annually will be reduced from seven percent to five percent.
The Waqf Board will no longer decide if a property falls under Waqf. The three-member Waqf Tribunal will now have only two members, but its decisions can be challenged in the High Court within 90 days.
The bill also removes the requirement to enforce the Limitation Act. This means that people who have occupied Waqf land for 12 years might become owners under the new amendments.
Current Law’s Issues
The Waqf Act was significantly changed in 2013 based on recommendations from the Rahman Khan committee. The law was reviewed by a Joint Parliamentary Committee (JPC) and a Select Committee in the Rajya Sabha, led by a BJP leader.
Many activists and lawyers, including Supreme Court lawyer Raouf Rahim, believe that apart from adding some sections and dealing with corruption, the current law does not need further changes.
However, the 119 petitioners challenging the Waqf Act in court have also pointed out its flaws.
Shehzad Mohammad Shah from Bundi, Rajasthan, filed a court petition because the Waqf Board took over 90 bighas of land belonging to the Fakir community.
Shah said that people from his community in Kota and Baran districts of Rajasthan have filed similar petitions. He added, “We also know about a Moojawar army in Madhya Pradesh facing similar issues with the Waqf Board.”
Shah believes there is a need for uniform laws for all charitable trusts and trustees, rather than religious-based Waqf laws which he argues violate the Constitution.
Objections to the New Amendments
Former Rajya Sabha Deputy Chairman Rahman Khan told BBC Hindi that the proposed amendments create a complicated process for Waqf property registration. All power is now given to the Collector or Deputy Commissioner, who already have many responsibilities.
Khan added, “While having two non-Muslims in the Board and Central Waqf Council is acceptable, does this mean Muslims will get similar positions in Hindu temple boards? The worst change is removing the Limitation Act from the Waqf Act.”
He said, “If these changes become law, Waqf properties will face significant loss because 99 percent are illegally occupied. In many areas, especially Punjab and Haryana, people who have occupied Waqf land will become owners.”
Retired Chief Income Tax Commissioner and activist Akramul Jabbar Khan agrees with Rahman Khan about encroachers becoming owners.
Khan told BBC Hindi, “This change will benefit real estate businesses and big companies that occupy such lands. It seems the only aim of these amendments is this.”
However, Khan also sees some positives in the amendments. He said, “I’m glad the central government has ended the monopoly of Muslim MPs and legislators over the Central Waqf Council and boards. They had become monopolistic and done nothing for the public. There was also corruption.”
Khan concludes, “If the Standing Committee of Parliament does not make changes, Waqf properties will suffer significant harm.”
He gives the example of a Waqf property that, if developed properly, could create many shops and jobs. “Shops provide jobs to people of all communities and also pay taxes.”
Meanwhile, Syed Naseeruddin Chishti, President of the All India Sajjadanishin Association, said the Minority Affairs Minister Kiren Rijiju assured their delegation that the government would consider creating a separate Dargha Board.
Chishti said, “This has been our long-standing demand. Dargahs are major stakeholders in Waqf property. We hope the government will include a Dargha Board in the new amendment bill discussions.”