Government to Introduce Waqf Amendment Bill in Lok Sabha on Thursday

Government to Introduce Waqf Amendment Bill in 

Lok Sabha on Thursday

The BJP-led government is set to introduce the Waqf (Amendment) Bill, 2024 in the Lok Sabha on Thursday. This bill aims to amend the Waqf Act, 1995, addressing key issues related to State Waqf Boards, property registration, and encroachments. The introduction is accompanied by the withdrawal of two previous legislative measures: the Waqf Properties (Eviction of Unauthorised Occupants) Bill, 2014, and the Mussalman Wakf Act, 1923. 

Withdrawal of Previous Bills

Waqf Properties (Eviction of Unauthorised Occupants) Bill, 2014

Originally introduced in February 2014 by the Congress-led UPA government, this bill aimed to address the issue of unauthorized occupants of waqf properties. The decision to withdraw it comes in light of the new amendment bill, which seeks to handle these concerns more effectively through updated provisions and administrative measures.

Mussalman Wakf Act, 1923  

The Mussalman Wakf Act, 1923, is being repealed as part of the legislative overhaul. The Act, which was in place for over a century, governed waqf properties specific to Muslims. Its repeal reflects the government’s approach to modernize and unify waqf management under the new Waqf (Amendment) Bill.

Issues Addressed by the New Bill

The Waqf (Amendment) Bill, 2024 proposes several significant changes:

- Renaming and Reform: The Waqf Act, 1995 will be renamed to the Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995. This aims to streamline the administration and enhance transparency in the management of waqf properties.

  

- Clear Definition and Representation: The bill seeks to clearly define “waqf” and ensure that waqf creation does not infringe on inheritance rights, particularly for women. It also aims to provide broader representation in the Central Waqf Council and State Waqf Boards, including Muslim women and non-Muslims.

  

- Centralized Management: The bill proposes a central portal for registration and database management of waqfs, and reforms the Tribunal structure for better oversight and accountability.

Issues with Previous Bills

Waqf Properties (Eviction of Unauthorised Occupants) Bill, 2014  

The previous bill faced criticism for its limited effectiveness in addressing the widespread problem of encroachments on waqf properties. Stakeholders argued that it lacked comprehensive enforcement mechanisms and did not fully address the complexities of property management and eviction.

Mussalman Wakf Act, 1923 

The Mussalman Wakf Act was considered outdated and not aligned with modern administrative practices. It was criticized for its lack of inclusivity and efficiency in managing waqf properties, prompting the need for a more integrated approach.

International Context

Several Muslim-majority countries have similar waqf management systems, though each varies in its approach:

- Saudi Arabia: Implements a centralized waqf management system with a strong emphasis on regulation and monitoring.

- Turkey: Features a comprehensive legal framework for waqf properties, including detailed regulations for property management and dispute resolution.

- Pakistan: Has a structured waqf management system under the Waqf Properties Ordinance, with provisions for property registration and administration.

Conclusion

The introduction of the Waqf (Amendment) Bill, 2024 marks a significant shift towards modernizing waqf property management in India. By repealing outdated legislation and introducing new measures, the government aims to address longstanding issues related to property management and representation. The move reflects a broader effort to streamline and enhance the efficiency of waqf administration in the country.