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Over 120 protected historical monuments claimed by Waqf Board: ASI tells Joint Parliamentary Committee, highlights need of amendment to Waqf Act

The Waqf Act 1995 empowers the Waqf Board to declare any property or building as Waqf property in the name of charity.

On Friday, September 6, the Archaeological Survey of India (ASI) made a presentation before the Joint Parliamentary Committee examining the Waqf Amendment Bill, 2024 extending their support to the bill. ASI’s presentation took place during the 4th meeting of the JPC examining the amendment.

Lending support to the Waqf Amendment Bill, ASI cited its ongoing tussle with Waqf Boards around India over 120 historical monuments, as per reports. Reportedly, the discussions during the JPC meeting took a heated turn with the officials of the culture ministry, which supervises ASI, hinting that the Waqf Boards held arbitrary powers, while opposition members defended Waqf Boards.

According to sources, the Archaeological Survey of India gave a detailed presentation in the JPC meeting on issues related to Waqf in protected monuments and sites and explained the problems they are facing with so many historical monuments. They also discussed why the Waqf Board Amendment Bill is necessary.

The Waqf Act 1995 empowers the Waqf Board to declare any property or building as Waqf property in the name of charity. According to sources, using this authority, the Waqf Board has issued notifications to declare protected monuments as Waqf properties, resulting in conflicts with the rights granted under the Ancient Monuments and Archaeological Sites and Remains Act 1958.

Speaking after the JPC-led meeting, Shiv Sena (Shinde group) leader and panellist of the JPC, Naresh Mhaske told ANI that Waqf Board properties are not being used for the welfare of the poor.

“This is why the Waqf Board Amendment Bill has been brought and as members of the committee, we are deliberating on the bill, and it will soon be tabled in the Parliament for approval. ASI also attended the meeting. ASI said that many properties which have previously been conserved by the government of India, have been claimed by the Waqf without any proof,” Mhaske told ANI.

Naresh Mhaske said that the opposition only talks about opposing, and there is a competition among them to see who can speak out more against the amendment bill and deliver more speeches.

Waqf Amendment Bill

The Waqf (Amendment) Bill, which seeks to “effectively address” issues related to the powers of the State Waqf Boards, registration and survey of waqf properties and removal of encroachments, was introduced in Lok Sabha on Thursday, August 8.

The Waqf (Amendment) Bill, 2024, which amends the Waqf Act, 1995, was introduced by Minority Affairs Minister Kiren Rijiju.

Opposition parties including the Congress, DMK, NCP, Trinamool Congress and AIMIM strongly opposed the introduction of the bill, saying its provisions were against federalism and the constitutional provisions. While some members demanded the withdrawal of the bill, many suggested that should be sent to a standing committee. 

Rijijiu agreed to the suggestions for further scrutiny of the bill by a parliamentary committee.

The proposed bill renames the Waqf Act (1995) as the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995. The draft wants to establish separate boards of Auqaf for Bohras and Aghakhanis. It also proposes broad-based representation for Shias, Sunnis, Bohras, Agakhanis and other backward classes among Muslim communities as well as including a few non-Muslims. 

(With inputs from ANI)

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