Waqf (Amendment) Bill, 2024: A deep dive into concerns and controversies

The Waqf (Amendment) Bill, 2024, has generated significant debate, primarily due to its proposed changes affecting the administration of Waqf properties in India.

This bill, which seeks to amend the Waqf Act of 1995 (last amended in 2013), has drawn flak from Muslim leaders and Opposition parties, who argue that it infringes upon the Muslim community’s right to manage its religious endowments independently. The bill was initially presented in Parliament without adequate prior consultation with key stakeholders, leading to widespread protests and eventual referral to a Joint Parliamentary Committee (JPC) for review.

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External influence

Under Article 26 of India’s Constitution, religious communities have the right to manage their own religious institutions and property. The proposed bill, however, includes provisions that critics say could undermine this principle by allowing non-Muslims to serve on Waqf boards, thus introducing external influence into what has historically been a Muslim-managed institution.

Dr Syed Zafar Mahmood, former advisor to the Sachar Committee and president of the Zakat Foundation of India, has publicly expressed concern over these provisions, emphasising that the proposed changes could violate Muslims’ constitutional rights and alter the historical autonomy granted to Waqf institutions.

One of the key concerns raised by Dr Mahmood is that the bill permits non-Muslims to be appointed to Waqf boards at both the state and national levels, where previously only Muslims were eligible to serve. This contrasts with laws governing other religious trusts in India, which require board members to belong to the same faith. Dr Mahmood cited the example of the Uttar Pradesh Kashi Vishwanath Temple Act of 1983, which mandates that only Hindus be appointed to its managing board. The proposed Waqf amendments, however, would mandate the inclusion of at least two non-Muslims on Waqf boards and permit up to half of the board to be non-Muslim.

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State’s encroachment?

Another major change involves replacing the existing role of a survey commissioner with that of a district collector or magistrate for the survey of Waqf properties, a shift that could bring Waqf land under closer government scrutiny and control. Critics, including Dr Mahmood, fear that such a move would compromise the autonomy of Waqf institutions and potentially open the door to state appropriation of Waqf assets. He highlighted a proposed change that would classify any property deemed by authorities to belong to the government or a government organisation as state property rather than Waqf, a provision seen as paving the way for the state’s encroachment on Waqf assets.

Furthermore, the bill introduces a stipulation that only Muslims who have practiced Islam for at least five years may donate property as Waqf. Critics argue that this provision is intrusive and undermines the concept of endowment by creating an arbitrary criterion that has no basis in Waqf’s historical or religious practice.

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Contentious provisions

In response to these controversies, the JPC has held numerous meetings, although progress has been slow and marked by frequent protests and walkouts from Opposition members. Observers note that the level of consultation and research preceding the 2013 amendments, which took almost a decade and involved input from stakeholders nationwide, is absent in the current bill’s formation. The lack of comprehensive study and stakeholder involvement, as well as the dissolution of the Central Waqf Council earlier in 2023, have compounded the perception of an exclusionary and hastily introduced bill.

With the upcoming winter session of Parliament approaching, the JPC faces increasing pressure to address these contentious provisions. Dr Mahmood and others urge that the bill be retracted and re-evaluated through an inclusive process involving thorough consultations with stakeholders and an assessment of the current law’s performance since 2013. The broader Muslim community, as well as some of the BJP’s coalition partners, remain attentive to how these issues unfold, as the proposed changes carry significant implications for religious autonomy and the management of religious endowments in India.

(This article is based on The Federal’s YouTube show "Off the Beaten Track" hosted by Nilanjan, where Dr Syed Zafar Mahmood discussed the implications of the Waqf (Amendment) Bill, 2024.)

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