WAQF (AMENDMENT) BILL, 2024 (Syllabus: GS Paper 2 – Polity)

Context: The Waqf (Amendment) Bill, 2024, introduced by the Union Minority Affairs Minister in the Lok Sabha, has been sent to a joint parliamentary committee (JPC) following strong opposition, with critics alleging it targets the Muslim community.

Waqf (Amendment) Bill, 2024

• Representation: The bill proposes the establishment of a Central Waqf Council and state Waqf Boards, which will include representation of Muslim women and non-Muslims.
• Mandatory Representation of Women: Two women will be appointed to all state boards and the central council as per the bill.
• District Collector as Arbiter: The bill aims to designate the District Collector as the authority to determine whether a property is Waqf property or government land, replacing the Waqf Tribunal's role from the 1995 Act.
• Separate Board for Bohras and Aghakhanis: The bill proposes the creation of a separate Board of Auqaf for the Boharas and Aghakhanis.
• Representation of Various Muslim Communities: The draft law ensures representation of Shias, Sunnis, Bohras, and Agakhanis in the Waqf Boards.
• Audit Powers to the Centre: The legislation provides the Centre with the authority to direct the audit of any Waqf by an auditor appointed by the Comptroller and Auditor General of India.
• Requirement of a Valid Waqfnama: The bill mandates the need for a valid waqfnama (a deed or document expressing the intention to donate a property), replacing the existing law that allows property to be given as Waqf through an oral agreement.

Waqf

• About: It refers to any property dedicated solely for religious or charitable purposes under Islamic law. Once a property is declared waqf, it becomes irrevocable. 
• Status: Around 30 waqf boards in the country control properties spread over 9 lakh acres, with an estimated value of Rs 1.2 lakh crore. This makes the waqf boards the third-largest owner of land in India after the Railways and Defence Ministry.