Issues with Proposed Amendments to Waqf Act

Source-This post on Issues with Proposed Amendments to Waqf Act has been created based on the article “Proposed amendment to Waqf Act polices charity, hinders autonomy” published in “The Indian Express” on 8 August 2024.

UPSC Syllabus-GS Paper-2- Government Policies and Interventions for Development in various sectors and Issues arising out of their Design and Implementation.

Context- The article discusses issues with the government’s new draft of the Waqf (Amendment) Bill. Waqf is an Islamic tradition where people donate property to be used for charity, but it’s not a religious requirement. This practice, which involves giving land or assets to benefit others, is similar to endowments or charitable trusts in other religions.

The laws governing Waqf in India have changed over the years, with the Waqf Act of 1995 being a key piece of legislation. This Act was updated in 2013, and now the central government is suggesting more major changes to it.

What are the Concerns Regarding Proposed Amendments?

1) Nature of Waqf Properties: – Government has ignored that Waqf properties are privately owned by Muslims, not public assets. This means the government should have minimal control over their management and use.

2) Increased Government Interference-It could allow more government interference in Waqf properties. This is a violation of the rights of Muslims and Article 26 of the Constitution, which protects religious properties from being taken over.

3) Role of District Collector– District collectors will decide if a property is Waqf or government land. This is concerning, especially since collectors have recently threatened even private properties of Minorities. Further, introducing adverse possession for Waqf properties could make them vulnerable to decisions by the Collector.

4) Changes in Waqf Board Composition-Removing the requirement for a Muslim CEO on Waqf Boards may lead to Muslims being excluded from managing these properties.

5) Impediments to Creating New Waqfs- The amendments create barriers to starting new Waqfs and allow government bodies, even local panchayats, to interfere with existing Waqf properties.

6) Removal of “Waqf by User” Concept-It removes the concept of “waqf by user,” which is widely practiced. This could result in the takeover of Muslim graveyards and other properties if they aren’t actively used for Waqf purposes.

7) Violation of Constitutional Rights -It may breach Articles 25 and 26 of the Constitution, which protect religious freedom and the rights of religious groups. In the past minority rights under Article 30 (regarding educational institutions) were encroached upon under the guise of better administration.

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Question for practice

What are the Concerns Regarding Proposed Amendments?