The Waqf (Amendment) Bill, 2024, introduced in the Lok Sabha, has triggered significant opposition from Muslim leaders, citing concerns over its impact on the autonomy of Islamic institutions. The proposed changes to the Waqf Act, 1995, have led to protests and legal challenges across the country.
The Waqf (Amendment) Bill, 2024, introduced in the Lok Sabha on August 8, 2024, has sparked widespread controversy and strong opposition from Muslim leaders and communities across India. The Bill proposes major changes to the Waqf Act, 1995, which governs Waqf properties—Islamic endowments dedicated for religious or charitable purposes. Muslim organizations argue that the amendments pose a direct threat to the long-standing autonomy of Islamic institutions by centralizing control under government authorities. This move has resulted in protests, legal challenges, and growing public dissent as the debate over the future of Waqf institutions escalates.
What Is Waqf?
Waqf refers to the permanent dedication of property—movable or immovable—by an individual for religious, pious, or charitable purposes in Islam. Once designated as Waqf, the property is managed by a Mutawalli (administrator), who ensures its use aligns with the donor’s religious or charitable intentions.
In India, Waqf boards oversee approximately 8.7 lakh properties spanning 9.4 lakh acres of land, most owned land after railways and defence. These properties, valued at around ₹1.2 lakh crore, support religious, educational, and charitable activities, highlighting their substantial impact both in terms of land area and economic value.
Under the Waqf Act of 1995, each state is required to establish a Waqf Board to oversee the administration and management of Waqf properties, safeguarding them from encroachments and ensuring proper usage. However, the Waqf (Amendment) Bill of 2024 seeks to alter key provisions of this Act, leading to accusations of government overreach.
Key Provisions of the Waqf (Amendment) Bill
The Waqf (Amendment) Bill, 2024 introduces several significant changes to the existing framework governing Waqf properties. The most notable provisions are:
- Renaming the Act: The Bill renames the Waqf Act, 1995, as the United Waqf Management, Empowerment, Efficiency and Development Act.
- Formation of Waqf: The Bill restricts the ability to declare Waqf properties. It allows only individuals practicing Islam for at least five years to declare a property as Waqf, and requires that the person making the declaration must own the property in question. Additionally, the Bill removes the long-standing provision of Waqf by user, a clause that allows properties used for religious or charitable purposes over long periods to be recognized as Waqf. The removal of this provision has raised concerns about the potential government acquisition of historically significant religious sites.
- Government Property and Waqf: The Bill states that any government property identified as Waqf will cease to be Waqf property. In case of disputes regarding ownership, the Collector of the area will determine the property’s status and submit a report to the state government. If the property is deemed government-owned, the revenue records will be updated accordingly.
- Removal of Waqf Board Powers: Under the existing law, Waqf Boards have the authority to inquire and determine whether a property is Waqf. However, the Bill proposes to remove this power, further limiting the autonomy of Waqf Boards and transferring authority to government officials.
- Survey of Waqf Properties: The Bill transfers the responsibility of surveying Waqf properties from Survey Commissioners to Collectors. Any ongoing surveys will be conducted according to state revenue laws, effectively integrating the Waqf management process with government bureaucracy.
- Central Waqf Council: The Central Waqf Council, which advises the central and state governments on Waqf matters, will now include two non-Muslim members, a move that has generated significant opposition from Muslim leaders. Currently, all members of the Council must be Muslims, with at least two being women. The Bill alters this composition, raising fears of dilution in religious representation.
- Waqf Boards Composition: The Bill allows state governments to nominate members of Waqf Boards, including non-Muslims, from among MPs, MLAs, and Bar Council members. It also mandates representation from Shia, Sunni, and Backward Muslim classes, as well as the Bohra and Aghakhani communities, provided they have Waqf properties in the state.
- Tribunal Composition and Appeals: The Bill changes the composition of Waqf Tribunals—bodies responsible for adjudicating disputes over Waqf properties—by removing the requirement for a member knowledgeable in Muslim law and replacing them with government officials. Moreover, the Bill allows appeals against Tribunal decisions to be filed in the High Court within 90 days, removing the finality of Tribunal rulings.
- Central Government Powers: The Bill grants the central government the power to make rules regarding the registration, audit, and publication of Waqf accounts. It also allows the central government to audit Waqf properties through the Comptroller and Auditor General (CAG), reducing the role of state governments in monitoring these properties.
Public Outcry and Protests Against Waqf Amendment Bill 2024
The amendments have been met with widespread opposition from Muslim organizations, religious leaders, and community groups across the country. Maulana Syed Kalbe Jawad, a prominent Shia cleric, led protests in Lucknow, where thousands of worshippers participated after Friday prayers. The All India Muslim Personal Law Board (AIMPLB) has been at the forefront of mobilizing public dissent, distributing QR codes at mosques to encourage worshippers to submit their objections to the Joint Parliamentary Committee (JPC) reviewing the Bill.
Maulana Khalid Rasheed Farangi Mahali, another key member of AIMPLB, criticized the Bill as unconstitutional, arguing that it undermines the Muslim community’s right to manage its religious institutions. Legal experts and opposition MPs echoed these concerns, highlighting that the amendments could violate Articles 25, 26, and 29 of the Indian Constitution, which guarantee religious freedoms and minority rights.
Legal and Constitutional Concerns
The Bill has raised significant legal and constitutional concerns. By removing the Waqf by user provision and centralizing control over Waqf properties, the amendments are seen as an infringement on the right of religious communities to manage their own affairs, as protected under Article 26. Moreover, the inclusion of non-Muslim members in Waqf Boards and the Central Waqf Council has been criticized as an intrusion into the religious character of Waqf institutions.
Opposition MPs, including Asaduddin Owaisi of the All India Majlis-e-Ittehadul Muslimeen (AIMIM), have voiced their concerns in Parliament, warning that the amendments could lead to the government’s arbitrary acquisition of Waqf properties without proper evidence or safeguards.
Joint Parliamentary Committee: Public Feedback Floods In
The Joint Parliamentary Committee has received over eight lakh petitions from citizens and institutions expressing concerns over the Bill. While the Ministry of Urban Affairs supports the amendments, arguing that they will reduce legal disputes, opposition MPs remain unconvinced, calling for more robust safeguards to protect Waqf properties from government acquisition.
Conclusion: A Community in Turmoil
The Waqf (Amendment) Bill, 2024, has stirred deep unrest within the Muslim community, with fears that it could dismantle the long-standing autonomy of Islamic institutions. As protests continue and public feedback pours in, the future of Waqf properties hangs in the balance, with significant constitutional and legal challenges likely to shape the final outcome. The debate over the Bill reflects broader concerns about the balance between state authority and religious autonomy in India’s secular democracy.
