Govt set to introduce Bill to amend Wakf Act: All you need to know

The BJP-led NDA government is set to introduce a Bill in the Parliament to amend the 1995 law governing Waqf boards in the country.

On Friday (August 2), the Union Cabinet approved 40 amendments to The Wakf Act, reports said. The amendment Bill could be brought in in the ongoing Parliament session. The government, as of now, does not plan to leave the Bill pending in Parliament after its introduction.

Why government wants to make amendments?

The move by the Narendra Modi-led government is aimed at ensuring more accountability and transparency in the functioning of the Waqf boards across the country and mandatory inclusion of women in these bodies.

Also read: Exclusive: Amendments to Waqf Act part of Modi govt's 3-point agenda

As per a PTI report citing sources, the move comes against the backdrop of demands from within the Muslim community.

The Bill to amend the Waqf Act, 1995, will make it mandatory for Waqf boards to register their properties with district collectors to ensure their actual valuation. There are 32 Waqf boards in the country.

The Wakf Act was first passed by the Parliament in 1954. Later, it was repealed, and a new Act came into effect in 1995 and then amended in 2013.

As per The Wakf (Amendment) Act, 2013, Waqf means the permanent dedication by any person, of any movable or immovable property for any purpose recognised by the Muslim law as pious, religious or charitable.

Central Waqf Council

Central Waqf Council is a statutory body under the administrative control of the Ministry of Minority Affairs. It was set up in 1964 as per the provision given in the Waqf Act, 1954 as Advisory Body to the Central Government on matters concerning the working of the Waqf Boards and the due administration of Auqaf. However, the role of the Council was expanded significantly under the provisions of the Waqf (Amendment) Act, 2013.

The Council has been empowered to advise the Central government, state governments and State Waqf Boards. It will also issue directives to the boards/ state government to furnish information to the Council on the performance of the board particularly on their financial performance, survey, revenue records, encroachment of Waqf properties, Annual and Audit report etc under section 9 (4) of the act.

The Council consists of Chairperson, who is the Union Minister In charge of Waqf and such other members, not exceeding 20 in number, as may be appointed by the Centre. Presently, Kiren Rijiju, Union Minister of Minority Affairs is the ex-officio Chairperson of the Central Waqf Council.

Properties of Waqf boards, and encroachments

Originally, Waqf boards had around 52,000 properties throughout India. By 2009, there were 3,00,000 registered Waqf properties covering four lakh acres of land, and now, there are 8,72,292 such properties on more than eight lakh acres of land.

Sources have pointed out that the revenue generated by all Waqf properties is estimated at Rs 200 crore per annum. This is not in sync with the number of properties such bodies have, they said.

While referring to the revenue generated by such bodies, the sources underlined that the money can only be used for the welfare of the Muslim community and for no other purpose.

Previously, the Union government has raised the issue of rampant encroachments of Waqf properties and complaints related to encroachment, misuse and usurpation of Waqf properties which are usually received in the Union Ministry of Minority Affairs were forwarded to the State Waqf Boards (SWBs) concerned for taking appropriate action as per the provisions of Waqf Act 1995 as amended.

There is a dedicated online portal – Waqf Assets Management System of India (WAMSI) for computerisation, digitisation of records of Waqf properties and Geographic Information System (GIS) mapping of Waqf properties to prevent encroachment.

What are the proposed changes?

The key changes proposed in the law include ensuring verification of land before a board announces it as a Waqf property.

Fresh verification of disputed lands claimed by various state boards will also be sought, according to the proposed bill. The changes with regard to the composition of the Waqf boards will ensure inclusion of women in these bodies.

The recommendations of the Justice Sachar Commission and the joint committee of Parliament headed by K Rahman Khan are among the reasons for amending the law.

“There have been demands from within the community to amend the law to bring transparency and accountability ...some Muslim high court judges had flagged that the decision taken by Waqf boards cannot be challenged in courts. Now, the amendment bill seeks to set that right,” a person familiar with the government’s decision said, according to a PTI report.

Government allays fears

There are reports that some are trying to create fear among Muslims stating that the new Bill will take away the properties of Muslims, and their rights. However, the government has allayed those fears saying the amendments are aimed at helping poor Muslims.

“There is no intention whatsoever from the government to take away these properties from the Muslims, Eventually, these properties can be used only for benefiting the Muslim community. What is being brought in is a systematic procedure in place so that it’s benefit can reach to the poorest of the poor,” a top government source was quoted as saying by Network 18.

AIMPLB calls it government’s ‘malicious act’

Reacting to the move to amend the law, senior BJP leader Dinesh Sharma said several members of the Muslim community have raised the issue of anomalies by Waqf boards. The main reason behind this is that there have been complaints against Waqf boards, made for benefitting the minorities, being involved in other works, he claimed.

All India Muslim Personal Law Board (AIMPLB) spokesperson SQR Ilyas said, “The BJP government always wanted to do this. Following the conclusion of the 2024 (Lok Sabha) elections, we thought that there will be a change in the BJP’s attitude, but that's not the case. I, however, feel that this is not the right move.”

Ilyas said the board appeals to all Muslims and their religious and Milli organisations to unite against this “malicious act of the government”.

The board will take all kinds of legal and democratic measures to thwart this move, he said in a statement.

“The All India Muslim Personal Law Board deems it necessary to make it clear that any change in the Wakf Act, 2013 which alters the nature of Waqf properties or makes it easier for the government or any individual to usurp the same will not be acceptable,” Ilyas added.

Likewise, reducing or restricting the powers of Waqf boards will not be tolerated, he said. The board considers it important to clarify that Waqf properties are donations made by Muslim philanthropists dedicated to religious and charitable purposes, and the government has only enacted the Wakf Act to regulate them.

He further said that the Wakf Act and Waqf properties are protected by the Constitution of India and the Shariat Application Act, 1937. Therefore, the government cannot make any amendment that would change and alter the nature and status of these properties, Ilyas claimed.

Advocate Raees Ahmad said there is a “false narrative” that a Waqf board can claim any property. Waqf board was introduced for the benefit of Muslims, he said, reacting to the move to amend the law.

Owaisi hits out at BJP

Hitting out at the proposed amendments, AIMIM leader Asaduddin Owaisi said, “BJP has been against the Waqf Board and Waqf properties since the beginning and there is a 'Hindutva agenda' of the RSS. They have continued to put efforts to end the Waqf Board and properties from the start.”

“Demand for improvement in Waqf board is not new, it has been going on for the past 30-40 years. Those who are raising this demand and affected by it are Muslims themselves. There is a need for betterment in the Waqf board and I hope Samajwadi Party, Congress and TMC will support it (the Bill), whenever it is introduced,” said BJP leader Ajay Alok.

Former minority affairs minister and senior BJP leader Mukhtar Abbas Naqvi said the Waqf system has to come out of the “touch-me-not” syndrome, and asserted that a “communal attack on inclusive reforms” is not right.

In a post in Hindi on X (formerly Twitter), Naqvi said, “The Waqf system will have to come out of the madness of ‘touch-me-not’ syndrome-politics.” He also said, “communal attack on inclusive reforms is not right”.

You can read The Wakf (Amendment) Act, 2103 below

(With inputs from agencies)