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Wakf Amendments Bill 2024
Introduction
On August 8, 2024, two bills, the Waqf (Amendment) Bill, 2024, and the Mussalman Wakf (Repeal) Bill, 2024, were introduced in the Lok Sabha with an aim to streamline the Waqf Board's work and ensure the efficient management of Waqf properties.
The objective of the Waqf (Amendment) Bill, 2024, is to amend the Waqf Act, 1995, to redress the issues and challenges in regulating and managing Waqf properties. The Amendment Bill seeks to improve the administration and management of waqf properties in India. It aims to overcome the shortcomings of the previous act and enhance the efficiency of Waqf boards by introducing changes such as renaming the Act, updating the definitions of waqf, improving the registration process, and increasing the role of technology in managing waqf records​.
The primary objective of the Mussalman Wakf (Repeal) Bill, 2024 is to repeal the Mussalman Wakf Act, 1923, a colonial-era legislation that has become outdated and inadequate for managing waqf properties in modern India. The repeal aims to ensure uniformity, transparency, and accountability in the administration and management of waqf properties under the Waqf Act, 1995, thus eliminating inconsistencies and ambiguities caused by the continued existence of this redundant law​.
The Wakf Sansodhan Vidheyak 2024 (Wakf Amendment Bill 2024) is a proposed legislative measure aimed at reforming the administration of Wakf properties in India. While the exact details of a "2024" bill are hypothetical at this stage, we can base our understanding on the Wakf (Amendment) Bill, 2024, introduced in the Lok Sabha and currently under review by the Joint Parliamentary Committee (JPC).
What is the meaning of ‘Waqf’?
Waqf refers to properties dedicated exclusively for religious or charitable purposes under Islamic law, and any other use or sale of the property is prohibited. Waqf means that the ownership of the property is now taken away from the person making Waqf and transferred and detained by Allah. ‘Waqif’ is a person who creates a waqf for the beneficiary. As Waqf properties are bestowed upon Allah, in the absence of a physically tangible entity, a ‘mutawalli’ is appointed by the waqif, or by a competent authority, to manage or administer a Waqf. Once designated as waqf, the ownership is transferred from the person making the waqf (waqif) to Allah, making it irrevocable.
What are the key legislative changes and developments in the administration of Waqf properties in India through Waqf Act?
  • The Waqf Act, 1954 - Waqf has only been strengthened post-independence. The Waqf Act of 1954 passed provided a pathway toward the centralisation of Waqfs. Central Waqf Council of India, a statutory body was established in 1964 by the Government of India under this Waqf Act of 1954. This central body oversees the work under various state Waqf boards which were established under provisions of Section 9(1) of the Waqf Act, 1954.
  • The Waqf Act, 1995 - The Waqf Act was made even more favourable to Muslims in 1995, which made it an overriding law. The Waqf Act, 1995 was enacted to govern the administration of Waqf Properties (Religious Endowments) in India. It provides for the power and functions of the Waqf Council, the State Waqf Boards, and the Chief Executive Officer, and also the duties of mutawalli. This Act also describes the power and restrictions of a Waqf Tribunal that acts in lieu of a civil court under its jurisdiction. The Waqf Tribunals are deemed to be a civil court and required to exercise all the powers and functions exercised by a civil court under the Code of Civil Procedure, 1908. The decision of a Tribunal shall be final and binding on the parties. No suit or legal proceedings shall lie under any civil court. Thus, making the Waqf Tribunal decisions above any civil court.
  • Amendments in 2013 - Some provisions of the Act were amended in the year 2013 to make waqf management more efficient and transparent. However, during the course of implementation of the Act, it was felt that the Act did not prove effective in improving administration of Waqf.
  • The Waqf Repeal Bill, 2022 - For the purpose of achieving a more equitable arrangement and treatment of bodies such as waqf and other recognized religious entities established under similar intent, the aforesaid Waqf Act, 1995 as amended was tabled in Rajya Sabha on December 8, 2023.
What is the Wakf Act, 1995?
The Wakf Act, 1995 is a central legislation enacted to regulate the administration and management of Wakf properties in India. Wakf refers to the permanent dedication of movable or immovable property for religious, pious, or charitable purposes as recognized by Muslim law. The Act aims to ensure that Wakf properties are properly managed and utilized for the benefit of the Muslim community.
Key Features of the Wakf Act, 1995:
  1. Establishment of Wakf Boards:
    • The Act provides for the establishment of Central Wakf Council and State Wakf Boards to oversee the management of Wakf properties.
    • The Central Wakf Council advises the Central Government on matters related to Wakf properties, while State Wakf Boards manage Wakf properties at the state level.
  2. Survey of Wakf Properties:
    • The Act mandates the survey and registration of all Wakf properties to maintain a comprehensive record.
  3. Prevention of Encroachment:
    • The Act provides legal mechanisms to prevent encroachment and misuse of Wakf properties.
  4. Management of Wakf Properties:
    • Wakf Boards are empowered to lease, develop, and manage Wakf properties for the benefit of the community.
  5. Legal Framework:
    • The Act provides for the resolution of disputes related to Wakf properties through Wakf Tribunals.
Proposed Amendments (Hypothetical - Wakf Sansodhan Vidheyak 2024)
If a Wakf Sansodhan Vidheyak 2024 (Wakf Amendment Bill 2024) is proposed, it could address the following issues:
  1. Strengthening Legal Framework:
    • Introducing stricter penalties for encroachment and misuse of Wakf properties.
    • Enhancing the powers of Wakf Boards to take action against illegal occupants.
  2. Transparency and Accountability:
    • Mandating regular audits of Wakf properties and finances.
    • Ensuring greater transparency in the leasing and development of Wakf properties.
  3. Utilization of Wakf Properties:
    • Promoting the use of Wakf properties for educational, healthcare, and community welfare initiatives.
    • Encouraging public-private partnerships for the development of Wakf properties.
  4. Digitalization:
    • Creating a centralized digital database of all Wakf properties to improve monitoring and management.
  5. Empowerment of Wakf Boards:
    • Providing more autonomy and resources to State Wakf Boards for effective management.
Others Points
Wakf properties are assets dedicated under Islamic law for religious, charitable, or community purposes. However, mismanagement, encroachment, and legal disputes have undermined their intended benefits. Here are real-world examples illustrating the need for reform:
  • Example of Encroachment: In Delhi, a 2019 National Commission for Minorities report revealed that over 50% of Wakf properties, including mosques and graveyards, were illegally occupied by private builders or encroachers. For instance, a Wakf-owned plot in Okhla was converted into a commercial complex due to weak oversight.
  • Example of Mismanagement: In Uttar Pradesh, a Wakf property in Lucknow, valued at crores, was sold off in 2018 by a local mutawalli (custodian) without proper authorization, depriving the community of funds meant for orphanages.
These cases highlight systemic issues like lack of transparency and accountability, necessitating legislative intervention.
Key Provisions of the Bill with Examples
The key features of the Waqf (Amendment) Bill, 2024 are:
  1. Renaming the Waqf Act, 1995: The Act has been renamed to the Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995, to reflect its broader objective of improving the management and efficiency of Waqf boards and properties, emphasising empowerment and development along with effective administration.
  2. 2. Formation of Waqf: The Act allows waqf to be formed by: (i) declaration, (ii) recognition based on long-term use (waqf by user), or (iii) endowment when the line of succession ends (waqf-alal-aulad).
The Bill states that only a person practicing Islam for at least five years may declare a waqf. It clarifies that the person must own the property being declared.
It removes waqf by user, where properties could be deemed as waqf based solely on prolonged use for religious purposes.
It also adds that waqf-alal-aulad must not result in denial of inheritance rights to the donor’s heir including women heirs.
3. Government property as Waqf: The Bill states that any government property identified as waqf will cease to be so. The Collector of the area will determine ownership in case of uncertainty, and submit a report to the state government. If deemed a government property, he will update the revenue records.
4. Power to determine if a property is waqf: The Act empowers the Waqf Board to inquire and determine if a property is waqf. The Bill removes this provision.
5. Survey of waqf: The Act provides for appointment of a Survey Commissioner and additional commissioners to survey waqf. The Bill instead empowers Collectors to do the survey. Pending surveys will be conducted as per the state revenue laws.
6. Central Waqf Council: The Act constitutes the Central Waqf Council to advise the central and state governments and Waqf Boards. The Union Minister in-charge of Waqf is the ex-officio chairperson of the Council. The Act requires that all Council members be Muslims, and at least two must be women. The Bill instead provides that two members must be non-Muslims. MPs, former judges, and eminent persons appointed to the Council as per the Act need not be Muslims.
The following members must be Muslims:
  • representatives of Muslim organisations,
  • scholars in Islamic law, and
  • chairpersons of Waqf Boards.
Of the Muslim members, two must be women.
7. Waqf Boards: The Act provides for election of up to two members each from electoral colleges of Muslim: (i) MPs, (ii) MLAs and MLCs, and (iii) Bar Council members, from the state to the Board. The Bill instead empowers the state government to nominate one person from each of the above background to the Board. They need not be Muslims. It adds that the Board must have: (i) two non-Muslim members. and (ii) at least one member each from Shias, Sunnis, and Backward classes of Muslims. It must also have one member each from Bohra and Agakhani communities if they have waqf in the state. The Act provides that at least two members must be women. The Bill states that two Muslim members must be women.
8. Composition of Tribunals: The Act requires states to constitute Tribunals to address disputes over waqf. The Chairman of these Tribunals must be a Judge of the rank equivalent to a Class-1, District, Sessions, or Civil Judge. Other members include: (i) a state officer equal to an Additional District Magistrate, and (ii) a person knowledgeable in Muslim law and jurisprudence. The Bill removes the latter from the Tribunal. It instead provides the following as members: (i) a current or former District Court judge as its chairman, and (ii) a current or former officer of the rank joint secretary to the state government.
9. Appeal on orders of Tribunals: Under the Act, decisions of the Tribunal are final and appeals against its decisions in Courts are prohibited. The High Court can consider matters on its own accord, on an application by the Board, or an aggrieved party. The Bill omits provisions deeming finality to Tribunal’s decisions. Tribunal’s orders may be appealed in the High Court within 90 days.
10. Powers of the Central Government: The Bill empowers the central government to make rules regarding: (i) registration, (ii) publication of accounts of waqf, and (iii) publication of proceedings of waqf Boards. Under the Act, state government may get the accounts of waqfs audited at any point. The Bill empowers the central government to get these audited by the CAG or a designated officer.
11. Waqf Boards for Bohra and Agakhani: The Act allows establishing separate Waqf Boards for Sunni and Shia sects if Shia waqf constitute more than 15% of all waqf properties or waqf income in the state. The Bill also allows separate waqf boards for Aghakhani and Bohra sects.
Potential Challenges with Examples
Despite its merits, the bill may face hurdles:
  • Resistance from Wakf Boards: In 2024, some Wakf Board officials opposed the bill, fearing loss of autonomy, similar to how state governments resisted GST in 2017 over revenue concerns. For example, the Kerala Wakf Board argued that external members might not understand religious nuances.
  • Implementation Issues: Without resources, reforms could falter. For instance, the Swachh Bharat Mission succeeded due to dedicated funding, while the National Register of Citizens (NRC) in Assam lagged due to logistical gaps—surveying Wakf properties nationwide could face similar risks.
Recent Developments and Issues Related to Wakf Properties
  1. Encroachment of Wakf Properties:
    • One of the biggest challenges faced by Wakf Boards is the encroachment of Wakf lands. For example:
      • In Delhi, several Wakf properties have been encroached upon by individuals and organizations. The Delhi High Court has repeatedly directed the Delhi Wakf Board to take action against encroachers.
      • In Telangana, the State Wakf Board has identified over 1,000 acres of Wakf land under encroachment, including by government agencies.
  2. Mismanagement and Corruption:
    • There have been allegations of mismanagement and corruption in the administration of Wakf properties. For instance:
      • In Maharashtra, the State Wakf Board was accused of leasing out prime Wakf properties at throwaway prices to private parties.
      • In Uttar Pradesh, the State Wakf Board faced criticism for failing to utilize Wakf properties for community welfare.
  3. Judicial Interventions:
    • The Supreme Court and various High Courts have intervened to protect Wakf properties. For example:
      • In 2022, the Supreme Court directed the Telangana State Wakf Board to take possession of a 1,600-acre Wakf land in Hyderabad that was under illegal occupation.
      • In 2021, the Delhi High Court ordered the removal of encroachments from a Wakf property in Mehrauli, Delhi.
  4. Utilization of Wakf Properties:
    • Several State Wakf Boards have initiated projects to utilize Wakf properties for community welfare. For example:
      • In Karnataka, the State Wakf Board has developed educational institutions and hospitals on Wakf lands.
      • In Tamil Nadu, the State Wakf Board has leased out Wakf properties for the construction of shopping complexes and community halls.
  5. Digitalization of Wakf Records:
    • The Central Wakf Council has initiated the digitalization of Wakf records to improve transparency and accountability. For example:
      • In 2023, the Telangana State Wakf Board launched a mobile app to provide information about Wakf properties and report encroachments.
In the context of Bihar Public Service Commission (BPSC), the management and utilization of Wakf properties in the state are highly relevant topics, especially in relation to education, community welfare, and governance. Bihar has a significant number of Wakf properties, and their effective management can contribute to the socio-economic development of the state. Below is a detailed analysis of Wakf properties in Bihar, with a focus on the Phulwari Sharif Wakf Estate, and how reforms can enhance their contributions to education and other areas.
Wakf Properties in Bihar
  1. Overview:
    • Bihar has a large number of Wakf properties, including mosques, dargahs, graveyards, and educational institutions.
    • These properties are managed by the Bihar State Sunni Wakf Board, which oversees their administration and utilization.
  2. Phulwari Sharif Wakf Estate:
    • The Phulwari Sharif Wakf Estate is one of the most prominent Wakf properties in Bihar.
    • Located in Phulwari Sharif, a suburb of Patna, this estate includes mosques, madrasas, and other charitable institutions.
    • The estate plays a significant role in supporting Islamic education through its madrasas, which provide religious and secular education to students.
  3. Other Notable Wakf Properties:
    • Khanqah Mujibia (Phulwari Sharif): A historic Sufi shrine and educational center.
    • Bihar Sharif Wakf Estate: Includes mosques, madrasas, and charitable institutions.
    • Sultanganj Wakf Estate: Known for its religious and educational activities.
Challenges in Managing Wakf Properties in Bihar
  1. Encroachment:
    • Like other states, Bihar faces the issue of encroachment on Wakf properties. Illegal occupation of Wakf lands by individuals and organizations is a major challenge.
  2. Mismanagement:
    • There have been allegations of mismanagement and lack of transparency in the administration of Wakf properties by the Bihar State Sunni Wakf Board.
  3. Underutilization:
    • Many Wakf properties in Bihar are underutilized and not fully developed for educational or community welfare purposes.
  4. Lack of Funds:
    • The Bihar State Sunni Wakf Board often faces a shortage of funds for the maintenance and development of Wakf properties.
Reforms to Enhance the Contribution of Wakf Properties
  1. Strengthening Legal Framework:
    • Introduce stricter penalties for encroachment and misuse of Wakf properties.
    • Enhance the powers of the Bihar State Sunni Wakf Board to take action against illegal occupants.
  2. Transparency and Accountability:
    • Conduct regular audits of Wakf properties and finances to ensure transparency.
    • Implement digitalization of Wakf records to improve monitoring and management.
  3. Utilization for Education:
    • Develop Wakf properties into educational hubs by establishing schools, colleges, and vocational training centers.
    • Upgrade existing madrasas to provide both religious and modern education, aligning with the National Education Policy (NEP) 2020.
  4. Public-Private Partnerships (PPPs):
    • Encourage public-private partnerships for the development of Wakf properties.
    • Lease out Wakf lands for the construction of shopping complexes, hospitals, and community centers, with a portion of the revenue used for community welfare.
  5. Community Welfare Initiatives:
    • Utilize Wakf properties for healthcare initiatives, such as setting up clinics and hospitals.
    • Establish skill development centers to provide vocational training to the youth.
Role of Wakf Properties in Education (BPSC Context)
  1. Madrasas Supported by Wakf Properties:
    • Many Wakf properties in Bihar, such as the Phulwari Sharif Wakf Estate, support madrasas that provide religious and secular education.
    • These madrasas play a crucial role in educating underprivileged children, especially from the Muslim community.
  2. Potential for Modern Education:
    • With proper reforms, Wakf properties can be developed into centers of modern education, offering courses in science, technology, and vocational skills.
    • This aligns with the National Education Policy (NEP) 2020, which emphasizes the integration of modern and traditional education.
  3. Scholarships and Financial Aid:
    • Revenue generated from Wakf properties can be used to provide scholarships and financial aid to students from marginalized communities.
Conclusion
The Wakf Sansodhan Vidheyak 2024 seeks to overhaul Wakf property management by tackling encroachment, mismanagement, and inefficiency. Examples like the Delhi encroachments and Uttar Pradesh property sales highlight the need, while provisions like audits and women’s inclusion promise reform. Comparative insights from laws like the RTI Act and practical challenges like funding gaps provide a rounded view. For UPSC and BPSC aspirants, mastering this topic with examples ensures a strong grasp of governance and social justice issues, critical for both Prelims and Mains.
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