Sanatan Prabhat > Location > Asia > India > Delhi > Union Govt to introduce a Bill to reduce the powers of the Waqf Board

Union Govt to introduce a Bill to reduce the powers of the Waqf Board

  • Amendment Bill to be presented in Parliament
  • The Waqf Board owns 9.40 lakh acres of land and 8.70 lakh other properties across the country

New Delhi – The Indian Government is mulling to introduce amendments to a bill aimed to curb the ” unfettered” powers of Waqf Boards to declare any property a ‘waqf asset” and take control of it. These powers harass citizens as they have to then file case in the Court and go through immense agony to get their property back from Waqf board.

The potential bill, discussed by the Cabinet on 2ndAugust evening, seeks to repeal several clauses of the current Waqf Act. These repeals are primarily aimed at reducing the arbitrary powers currently held by Waqf Boards, which allow them to claim any property as waqf without mandatory verification. At present there are 30 Waqf Boards in 28 States and 2 Union Territories across the country.

1. The bill proposes around 40 amendments to the existing Waqf Act. The major amendments include:

Mandatory Verification: All claims by Waqf Boards will now be subject to mandatory verification, ensuring a more transparent process.

Changes in Section 9 and Section 14: These sections will be amended to alter the composition and functioning of the Waqf Boards, to ensure representation for women

Fresh Verification of Disputed Land: Properties claimed by Waqf Boards will undergo fresh verification to resolve disputes.

Involvement of District Magistrates: To prevent misuse, district magistrates may be involved in the monitoring of waqf properties.

2. Across the country, the Waqf Board owns 9.40 lakh acres of land and 8.70 lakh other properties. Due to this, the Government will start the process of verifying the claims of the Waqf Board. The property which is in dispute between the owner and the Waqf Board, is to be verified.

3. During the Congress Government, the original Act was amended in the year 2013 to give wider powers to Waqf Boards. After this, the dispute between the Waqf Board and the property owners escalated.

4. The Waqf Act was passed in the year 1954. In the year 1995, the Waqf Act was amended and the Waqf Board was given unlimited powers. According to this, any property claimed by the Waqf Board is considered as its property.

Even Waqf Boards in Islamic countries do not have unlimited powers!

The need for such legislation arose as there were several representations from Muslim intellectuals, women, and different sects such as Shia and Bohras, among others, seeking changes in the existing law. As per TOI sources, the preparation to bring amendments had started much before the 2024 Lok Sabha elections. Preliminary perusal of the laws across Islamic nations such as Oman, Saudi Arabia, and others show that none of these countries have given such sweeping powers to one entity.

What will be the improvement ?

The amendments aim to introduce a more regulated and transparent process for the declaration of Waqf properties. This includes checks on the arbitrary powers of the boards and mandatory verification of properties. It is said that the Bill proposes to amend Section 9 and Section 14 of the Waqf Act to change the structure of the Central Waqf Council and the State Waqf Board. The restructuring of the boards and inclusion of women are also expected to bring more inclusivity and accountability.

Editorial Perspective

Reduction of powers is not enough, the Waqf Board should be abolished !

 

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