In a significant move, the government has introduced the Waqf Amendment Bill, 2024, which seeks to overhaul the decades-old Waqf Act, 1995. The Bill has sparked discussions across political, legal, and religious circles, owing to the sweeping changes it proposes in the structure, powers, and functioning of Waqf institutions in India.
Below is a detailed comparison of the key differences between the two legislations:
1. Name and Purpose
- Waqf Act, 1995: Known simply as “The Waqf Act, 1995.”
- Waqf Amendment Bill, 2024: Renamed as Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995, reflecting a broader governance and reform agenda.
2. Formation of Waqf
- 1995 Act: Allowed creation by declaration, usage, or endowment (including family Waqf or Waqf-alal-aulad).
- 2024 Bill: Removes “usage” as a basis; only declaration or endowment permitted. Restricts donors to practicing Muslims (minimum 5 years) and ensures protection of heirs’ inheritance rights.
3. Government Property as Waqf
- 1995 Act: Did not clearly define status of government land as Waqf.
- 2024 Bill: Explicitly prohibits designation of government property as Waqf. Disputes to be resolved by the Collector under state authority.
4. Power to Determine Waqf
- 1995 Act: Authority vested in the Waqf Board.
- 2024 Bill: Removes this provision, thereby reducing discretionary power of the Board.
5. Survey of Waqf
- 1995 Act: Surveys conducted by Survey Commissioners and Additional Commissioners.
- 2024 Bill: Transfers responsibility to District Collectors as per state revenue laws—indicating increased state control.
6. Composition of Central Waqf Council
- 1995 Act: All members had to be Muslims; minimum two women.
- 2024 Bill: Permits inclusion of non-Muslims (e.g., MPs, ex-judges). However, key representatives (Muslim bodies, scholars, Board heads) must remain Muslim. Two Muslim women still mandated.
7. State Waqf Boards
- 1995 Act: Included elected Muslim MPs/MLAs/Bar Council members, with two Muslim women.
- 2024 Bill: State government will nominate members, including non-Muslims. Representation ensured for Shia, Sunni, Backward-class Muslims, Bohras, Agakhanis, with at least two Muslim women.
8. Tribunal Composition
- 1995 Act: Headed by a judge, with an Additional District Magistrate and a Muslim law expert.
- 2024 Bill: Removes requirement of a Muslim law expert. Now includes a District Court judge (Chairperson) and a Joint Secretary from state government.
9. Appeal on Tribunal Orders
- 1995 Act: Appeals to High Court allowed only under special circumstances.
- 2024 Bill: Grants explicit right to appeal Tribunal decisions in High Court within 90 days.
10. Powers of Central Government
- 1995 Act: State governments could audit Waqf accounts.
- 2024 Bill: Empowers Central Government to frame rules on registration, audits, and accounting—including CAG or other designated agencies. Signifies centralization of oversight.
11. Separate Waqf Boards for Sects
- 1995 Act: Separate Shia boards allowed only if Shia Waqf properties exceed 15%.
- 2024 Bill: Extends eligibility to Bohras and Agakhanis, enhancing representation of minority sects.
Implications of the Bill
The proposed amendments indicate a move toward:
- Centralized regulation and increased transparency.
- Broader community inclusion, especially for women and minority sects.
However, concerns include:
- Loss of traditional Waqf practice due to removal of “usage” as a formation basis.
- Reduced autonomy owing to stronger state and central control.
- Inclusion of non-Muslims in Waqf bodies, raising concerns about dilution of religious character.
Conclusion
The Waqf Amendment Bill, 2024 is aimed at modernizing Waqf administration and ensuring institutional accountability. However, it also brings transformative changes to its religious, legal, and administrative framework. As the Bill awaits parliamentary scrutiny and debate, responses from all stakeholders are expected to shape its future trajectory.
