Waqf Bill Introduced in Lok Sabha; Opposition Deems it Draconian

New Delhi: Union Minority Affairs Minister Kiren Rijiju introduced The Waqf (Amendment) Bill in the Lok Sabha on Thursday, alongside The Mussalman Wakf (Repeal) Bill, 2024. The introduction of the bill sparked strong objections from opposition parties, who labeled the proposed legislation as an “attack on the Constitution and federalism.” In response to these concerns, Rijiju proposed that the bill be sent to a joint parliamentary committee for further review.

Home Minister Amit Shah supported the introduction of the bill, stating that the Mussalman Wakf Act, 1923, had become obsolete and needed to be repealed. He accused the opposition of misleading the Muslim community and argued that the current Waqf Act, 1995, was flawed and unable to fulfill its intended purpose. The proposed amendment seeks to rename the Waqf Act, 1995, as the Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995.

The bill, which was circulated among Lok Sabha members on Tuesday night, proposes significant changes to the current Waqf Act. One of the key amendments is the removal of Section 40, which grants the Waqf board the power to decide whether a property qualifies as Waqf property. Additionally, the bill aims to broaden the composition of the Central Waqf Council and state Waqf boards, ensuring representation from Muslim women and non-Muslims, and proposing a separate board for Boharas and Aghakhanis.

Rijiju assured the House that the Waqf (Amendment) Bill does not interfere with the freedom of any religious body and does not violate any provisions of the Constitution. He emphasized that the amendments are necessary to address the shortcomings of the existing law and claimed that even some MPs have privately admitted that Waqf boards have been infiltrated by mafias. Rijiju underlined that extensive consultations had been conducted before drafting the bill.

According to the statement of objects and reasons, the bill also seeks to clearly define Waqf as a property donated by a person who has practiced Islam for at least five years and owns the property in question. The bill aims to streamline the registration of Waqfs through a central portal and database, and it establishes a detailed procedure for the mutation of properties in accordance with revenue laws, ensuring due notice is given to all concerned parties before recording any property as Waqf property.

The Wakf Act, 1995, was originally enacted to regulate ‘Auqaf’ (assets donated and notified as Waqf) by a ‘wakif’ (the person dedicating the property for religious or charitable purposes recognized under Muslim law). The proposed amendments seek to modernize and address the inefficiencies in the existing law, while the opposition continues to raise concerns about its implications for constitutional rights and federalism.