In 1995, the Congress-led government passed the Waqf Act, a sloppily drafted and recklessly implemented legislation that opened the floodgates for Waqf Boards to claim temples, schools, graveyards, and even entire villages and government properties. Congress did not stop there and granted more powers to Waqf in 2013 before the Bharatiya Janata Party-led (BJP) NDA came to power at the Centre.
What started as a system for managing endowments turned into an unaccounted empire with lakhs of acres of prime land under its purview. However, now with the Waqf (Amendment) Bill, 2024, the Modi government is trying to set things right.
End of “Waqf by user” – no more land grabs by praying once
The original Act allowed Waqf creation not just through a declaration or endowment, but also by “user”. It meant that land could be claimed as Waqf simply because someone had been using it as such. This is what led to absurd claims like declaring entire villages or farmland as Waqf property.
The amendment is going to end this madness. Waqf can now only be formed through declaration or endowment. Further, the donor must be a practising Muslim for over five years. Crucially, female heirs cannot be bypassed, which is a big step towards ending the misuse of religious endowments to sideline women from inheritance.
Government land cannot be converted into Waqf
The 1995 Act was silent on Waqf claims over government property. It allowed opportunistic grabs by Waqf Boards. The 2024 Amendment fixes this loophole. If a government property is claimed by Waqf, the Collector will resolve the matter. If the land is proven to be government land, it cannot be declared Waqf.
The Waqf Board no longer decides what is Waqf
Under the old law, the Waqf Board had the power to determine if a property was Waqf – basically judge, jury, and beneficiary. That power has been scrapped in the Amendment Bill. It will stop hundreds of cases where Boards arbitrarily declare private or community properties as Waqf.
Surveys are now aligned with revenue records, not Waqf fantasies
Earlier, surveys were done by Survey Commissioners. These surveys were conducted in isolation from land revenue records. However, the amendment has allowed District Collectors, who are part of the land revenue system, to conduct surveys as per state revenue laws. It means fewer fairy tales and more facts.
Inclusion of non-Muslims in Waqf Boards
As per the 1995 setup, the Central Waqf Council had only Muslim members. Now, the amendment has allowed two non-Muslims, and other members like MPs, judges or eminent persons don’t necessarily have to be Muslims.
While scholars in Islamic law, Waqf Board chairpersons, and others are still included in the Amendment Act as representatives, the government has put a condition that the board must have at least two women. This applies not only to the central board but also to state boards, where the government will nominate two non-Muslims and ensure representation from Sunni, Shia, Bohra, Agakhani, and backward-class Muslims, along with two Muslim women.
Waqf Tribunal now answerable to courts
Earlier, the decisions of Waqf Tribunals could be challenged in High Court under rare and special provisions. However, now anyone can appeal in the High Court within 90 days of the declaration of the property as Waqf. It restores judicial oversight and introduces a basic check that should’ve existed from the beginning.
Also, the Muslim law expert is removed from the Tribunal’s composition. The panel will now be headed by a District Court judge, with a joint secretary-level officer from the state government as a member.
Central Government takes the reins on audits and rules
The 1995 Act gave State governments the power to audit accounts. It often meant selective action or none at all. However, now the Central Government is empowered to make rules regarding registration, accounts, audits, and more.
Separate boards for sects now include Bohra and Agakhani
The earlier Act allowed separate boards for Sunni and Shia if Shia Waqf exceeded 15%. The Amendment expands this to include Bohra and Agakhani communities, acknowledging their distinct identity and endowment management needs.
Conclusion
The Waqf (Amendment) Bill, 2024, is not just a minor tweak. It is a major overhaul. Congress gave Waqf Boards unlimited power without checks. Though it does not erase the harm done, it might just stop the next temple, farmland, or village from quietly becoming someone else’s “eternal donation.”
