Proposed changes to Waqf Act spark political slugfest
Controversial amendments to the Waqf Act aim to modernize rules and expand women's representation, sparking political debates between government and opposition.
A set of contentious potential amendments to the Waqf Act kicked up a political controversy on Monday with the government claiming the proposed changes would modernise the rules and expand the representation of women, and the Opposition alleging they were aimed at depriving Muslims of their land and assets.
Waqf is the permanent dedication of movable or immovable properties for religious, pious or charitable purposes as recognized by Muslim law. The Waqf Act was first passed by Parliament in 1954. It was later repealed and a new act was passed in 1995, which granted more powers to Waqf boards. In 2013, the act was amended to grant the Waqf Board extensive powers to designate property as Waqf property.
There is speculation that the Waqf (Amendment) Bill 2024, with about 40 amendments, might be introduced this week in the Rajya Sabha, where the Bharatiya Janata Party is the single-largest party with 87 lawmakers but without a majority.
The party is confident of passing the bill though both the YSR Congress Party and the Biju Janata Dal, which helped the government push bills through the Rajya Sabha over the past five years, have not indicated their support, the people added. The BJD has eight members, while the YSRCP has 11 members in the Upper House, and both have turned strongly anti-government. All eyes will also be on National Democratic Alliance members Janata Dal (United) and Telugu Desam Party given the contentious nature of the proposed changes.
The government is pushing the proposed amendments as a “much-needed reform” and is hopeful of getting support from parties that are neither aligned to the NDA nor to the INDIA bloc, said people aware of the details.
The bill is likely to include a provision calling for judicial scrutiny to determine whether a property is a Waqf asset and make mandatory provision of registration of properties with district collectors for their actual valuation.
“This is a progressive bill, we do not anticipate any hurdles in its passage... one has to look at the broader issues that will be addressed by the bill,” said a government functionary, declining to be named.
Some opposition parties, including the Rashtriya Janata Dal, Samajwadi Party and the All India Majlis-e-Ittehadul Muslimeen, attacked the proposed changes and accused the government of interference in personal laws.
“Opposition to the bill is from those quarters that have vested interests. The amendments proposed will address the biggest concern, the absolute powers that the board has to determine what is their property. If the Waqf Board acquires the property of an individual who cannot challenge it, then the board tribunal has the final say and no courts can intervene...the proposed amendments also address the issue of gender parity by making it mandatory to have women members as part of Waqf boards in states,” said the functionary cited above.
Asked whether the government reached out to the Opposition and allies, the functionary said the process of communication had begun for the bill that also proposes to expand the composition of the Central Waqf Council and State Waqf Boards (SWBs), and make provisions for an online system for tracking revenue and expenditure.
The Central Waqf Council (CWC) is a statutory body operating under the Ministry of Minority Affairs, Government of India, established in 1964 as per the Waqf Act, 1954. Its primary function is to serve as a national advisory body to the Central Government regarding Waqf Boards and the administration of Awqaf. The Council includes a Chairperson, who is the Union Minister in charge of Waqf, and up to 20 other members appointed by the Government of India. Following the Waqf Amendment Act of 2013, the Council’s role has expanded to advising and issuing directives to Central and State Governments and State Waqf Boards. It now oversees the performance of the Boards, including financial performance, surveys, revenue records, encroachments of Waqf properties, and Annual and Audit reports.
The Waqf Board currently controls nearly 900,000 properties spanning 940,000 acres across India, with an estimated value of ₹1.2 lakh crores, making it the third largest landowner in India
According to a note from the ministry of minority affairs, the amendments are set to incorporate recommendations from both the 2006 Rajendra Sachar Committee report and the 2008 Joint Parliamentary Committee report. The Sachar Committee’s suggestions include regulating Mutawallis (custodian of Waqf), enhancing record management, and involving non-Muslim technical experts in Waqf management. It also proposes adding two women members to CWC and each SWB, appointing a joint secretary-level officer, and implementing financial audits for Waqf properties.
The 2008 report advocated for a revamp of Waqf boards, appointing a senior-level officer as CEO for SWBs, and taking strict measures against unauthorised alienation of Waqf properties. Currently, women are not represented on Waqf boards or councils, which manage mosques and Islamic endowments. The proposed amendments are expected to make it mandatory for Waqf boards to register properties with the collector’s office for evaluation. The government is considering involving district magistrates in monitoring Waqf properties to prevent misuse and ensuring that properties undergo fresh verification to resolve disputes. The amendments may also increase women’s participation in the Central Waqf Council by amending Sections 9 and 14.
“The first Waqf Act was passed in 1954, and first amendment was passed in 1995... there have been voices from within the community that have expressed concern over some of the existing provisions, which are not even followed in Muslim countries. The Waqf board controls assets worth crores, but the revenue generated is not commensurate with the holdings,” the functionary cited above said.
The demand to revisit the Act has been on the agenda of the BJP’s ideological fount, the Rashtriya Swayamsevak Sangh, for decades. The introduction of the bill is also a sign that the BJP wants to assert its dominance despite running a coalition government, said a senior party functionary.
“There is a perception that the BJP, which won only 240 seats (down from 303 in 2019) has to accommodate the allies and therefore will not be as decisive as it was in the last two terms. Introduction of this bill and its passage will be a message....” added the second functionary.
A BJD functionary said the government has not contacted them. “We have not seen the contents of the Bill. We will be able to comment only after we assess the amendments,” said the party functionary, not wishing to be named.
A YSRCP leader said the party is unlikely to support the bill, although there is a section within the party that is not averse to changing course.
The Opposition slammed the government. “The proposed amendments, as reported in the media, show that the Modi government wants to take away the autonomy of the Waqf board. It wants to interfere in personal laws and that itself is against freedom of religion,” said Asaduddin Owaisi, AIMIM lawmaker.