India Tomorrow
NEW DELHI: The Centre is planning to introduce a bill in Parliament that seeks to amend several aspects of the Wakf Act, curbing powers of the waqf boards across the country, particularly with regard to properties owned by it which are claimed disputed by government agencies as well as certain social organizations close to some political parties.
According to reports appearing in a section of the media, the proposed legislation, approved by the Union Cabinet on Friday, includes around 40 amendments aimed at curbing the extensive authority of Waqf boards, particularly in declaring any land as their property. The bill also proposes to repeal certain clauses of the current act.
Key changes in the draft legislation include the restructuring of Waqf boards, revising their composition, and mandating the verification of land before it is declared Waqf property. Specifically, the amendments target Sections 9 and 14 of the Wakf Act to alter the composition of the Central Waqf Council and state Waqf boards, ensuring that women are represented in these bodies.
The bill further calls for fresh verification of disputed land claimed by state Waqf boards. This follows a directive from the Delhi High Court in May last year, allowing the Union government to conduct physical inspections of 123 properties claimed by the Delhi Waqf Board. Subsequently, the Union Urban Development Ministry issued notices concerning these properties in August.
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The need for this bill has been highlighted by incidents such as the Tamil Nadu Waqf Board’s claim in September 2022 over the entire village of Thiruchendurai, which has a predominantly Hindu population. Currently, 30 Waqf boards are operating across 28 states and Union territories in India.
Jamaat-e-Islami Hind assistant secretary Inamurrahman Khan, who looks after the Waqf issues, says the drastic amendments in the waqf board was being discussed in corridors of power for quite some time because government agencies wanted to acquire some of the prime waqf properties in Delhi but the waqf laws came in their way. The Delhi Development authority (DDA) has already issued notices to the Delhi Waqf Board and mutawallis (managers) of 123 waqf properties in Delhi, including some of the prominent mosques, mausoleums and graveyards in Lutyens Delhi and Old Delhi.
The Wakf Act passed initially in 1954 and amended in 1995 was enacted to regulate ‘Auqaf’—properties donated and designated as Waqf by a ‘wakif’, or person who dedicates a property for purposes deemed pious, religious, or charitable under Muslim law. Amendments were made in 2013 to address various shortcomings in the act.
According to government records, there are approximately 8.70 lakh Waqf properties covering 9.40 lakh acres of land. During the previous Modi administration, the Ministry of Minority Affairs reviewed the extensive powers of state Waqf boards, particularly their authority to declare properties as Waqf and the appointment of Mutawallis (Waqf managers).
The introduction of this bill is particularly timely, as assembly elections are scheduled in Haryana, Maharashtra, and Jharkhand in October this year.
