Waqf Bill referred to joint parliamentary panel after Opposition calls it ‘draconian’ and an attack on the Constitution.
The Lok Sabha witnessed a two-hour long debate at the time of introduction, following which it was decided that the Bill would be sent to a JPC. Speaker Om Birla informed the House that he would constitute the joint panel after consulting the leaders of all the parties.
In this context , let’s learn all about the existing Waqf Act and also the proposed changes in the Waqf Act.
Waqf Property -A Waqf is personal property given by Muslims for a specific purpose — religious, charitable, or for private purposes. While the beneficiaries of the property can be different, the ownership of the property is implied to be with God.
-A Waqf can be formed through a deed or instrument or orally, or a property can be deemed to be Waqf if it has been used for religious or charitable purposes for a long period of time. Once a property is declared as Waqf, its character changes forever, and cannot be reversed.
Governance of Waqf Properties
-Waqf properties in India are governed by the Waqf Act, 1995. However, India has had a legal regime for the governance of Waqfs since 1913, when the Muslim Waqf Validating Act came into force.
– The Mussalman Wakf Act, 1923 followed. After Independence, the Central Waqf Act, 1954, was enacted, which was ultimately replaced by the Waqf Act, 1995.
-In 2013, the law was amended to prescribe imprisonment of up to two years for encroachment on Waqf property, and to explicitly prohibit the sale, gift, exchange, mortgage, or transfer of Waqf property.
-The Waqf law provides for the appointment of a survey commissioner who maintains a list of all Waqf properties by making local investigations, summoning witnesses, and requisitioning public documents.
–Management of Waqf property is done by a mutawalli (caretaker), who acts as a superviser. Waqf properties are managed in a way that is similar to how properties under Trusts are managed under the Indian Trusts Act, 1882.
-The Waqf Act states that any dispute related to Waqf properties will be decided by a Waqf Tribunal.
–Tribunal is constituted by the state government, and comprises three members — a chairperson who is a state judicial officer not below the rank of a District, Sessions or Civil Judge, Class I; an officer from the state civil services; and a person with knowledge of Muslim law and jurisprudence.
Waqf Board:
-A Waqf Board is a body under the state government, which works as a custodian for Waqf properties across the state.
-In most states, there are separate Waqf Boards for the Shia and Sunni communities. Almost all prominent mosques in the country are Waqf properties and are under the Waqf Board of the state.
Amendment made in the Waqf Act :
1.The Bill seeks to change the name of the parent Act from the Waqf Act, 1995, to the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995.
-It seeks to introduce three new provisions in the Act:
(1) No person shall create a Waqf unless he is the lawful owner of the property and competent to transfer or dedicate such property.
This provision appears to address the assumption that land that does not belong to an individual is not given as Waqf.
(2) Section 3C(1), which states that “government property identified or declared as Waqf property, before or after the commencement of this Act, shall not be deemed to be a Waqf property”.
(3)Empowers the government to decide if a property given as Waqf is government land.
“If any question arises as to whether any such property is a Government property, the same shall be referred to the Collector having jurisdiction who shall make such inquiry as he deems fit, and determine whether such property is a Government property or not and submit his report to the State Government,” says the Bill.
This provision essentially means that the Collector — and not the Waqf Tribunal — will make this determination in case of a dispute.
The proposed clause also states that such property “shall not be treated as Waqf property till the Collector submits his report”.
This means that until the government decides the issue, Waqf cannot be in control of the disputed land.
4.The Bill would also give the central government the power to “direct the audit of any Waqf at any time by an auditor appointed by the Comptroller and Auditor-General of India, or by any officer designated by the Central Government for that purpose”.
5. Bill carries a presumption that government land is incorrectly deemed Waqf property in some cases, and that the issue needs intervention by the government.
6.The Bill also redefines how a property is deemed to be in the possession of Waqf. as it seeks to remove the concept of “Waqf by use”.
The proposed Bill, by omitting the provisions relating to “Waqf by user,” makes a Waqf property suspect in the absence of a valid Waqfnama.
7.The Bill proposes to change the composition of Waqf Boards in states. It proposes to allow even a non-Muslim CEO, and gives the power to the state government to have at least two non-Muslim members to the state Waqf Boards.
Arguments Against the Bill:
-Opposing the Waqf (Amendment) Bill introduced by the NDA-led BJP govt in the Parliament, AIMIM president and Hyderabad MP Asaduddin Owaisi on Thursday said the House is not competent to make the amendments and it also violates the principles under Articles 14, 15 and 25 of the Constitution.
-It is both discriminatory, arbitrary and a grave attack on the basic structure of the Constitution as it violates the principles of judicial independence and separation of powers.”
Arguments in Favour:
-On the other hand ,
Union minority affairs minister Kiren Rijiju defended the Waqf (Amendment) Bill, arguing it would provide justice to minor Muslim communities and women.
-Waqf system must come out of touch me not syndrome says
Former minority affairs minister Mukhtar Abbas Naqvi urged the Waqf system to modernize, following plans to amend the 1995 law governing Waqf boards for increased accountability and transparency.