Women, Non-Muslims On Boards, Council Can't Claim Land: Waqf Act Changes

A contentious bill to amend 44 sections of the Waqf Act of 1995 - including changing it ensure representation of non-Muslim individuals and Muslim women in central and state Waqf bodies - is likely to be tabled in the Lok Sabha on Thursday, top government sources said this morning.

Another bill will be introduced to abolish a 1923 Waqf Act.

Copies were given to Lok Sabha members Tuesday night ahead of its introduction.

The amendment will also rename the 1995 law as the Unified Waqf Management, Empowerment, Efficiency and Development Act. Sources told NDTV the overall goal is to better manage Waqf properties, which refer to land set aside, under Islamic law, for religious or charitable purposes.

Among major proposed changes are omission of Section 40 from the existing legislation, which allows the Board to classify properties; this meant it could declare any of its properties as Waqf.

Instead, the District Collector, a Civil Service official, will now make that decision.

New Waqf Proposals

The Central Waqf Council and state Waqf Boards must have two women on the board.

The Council will now consist of a Union Minister, three MPs, three representatives of Muslim organisations, and three Muslim law experts. It will also include two ex-judges, either the Supreme Court or a High Court, four 'people of national repute' and senior union government officials.

At least two of these should be women.

Incidentally, these alterations required the creation of a non-Muslim category for the Council and Boards since MPs and government officials cannot be nominated for bodies on religious basis.

Under the new law notice is required before registering any property as Waqf. Further, this registration must take place on a centralised website.

Authority for survey of Waqf properties will now be given to the District Collector or their deputy. There will also be provision to lodge a High Court appeal within 90 days of the Board's decision.

In addition, only practicing Muslims will be allowed to donate their property, movable or otherwise to the Waqf Council or Board. Also, only the legal owner can take this decision.

Under the current law, no Waqf property can be considered as such if there is dispute about its antecedents, particularly if there is question about it being a government property. In such disputes officials will investigate and submit a report to the state, following which records will be adjusted.

In the new law, money received by the Waqf Board must be used for the welfare of widows, divorcees, and orphans, and that too in the manner suggested by the government.

Another key proposal is that women's inheritances must be protected and ensured.

The bill also proposes a separate board for the Bohra and Agakhani communities. It also provides for representation of Shias, Sunnis, and other backward classes among Muslims.

Protest Over Proposed Changes

Sources said the government wants the passage of the bill to be "inclusive", but will likely face fierce protests from the opposition and Waqf Boards across the country; the Tamil Nadu Board chief called the amendments a ploy by the ruling BJP to "weaken" and "destabilise" such organisations.

READ | ''No Need For Amendment'': Tamil Nadu Waqf Board On Centre's Move

The All India Muslim Personal Law Board said any changes to the law "will not be tolerated".

The government, however, has dismissed such claims. Sources told NDTV the idea of the amendment is to empower Muslim women and children who "suffered" under the old law.

READ | Waqf Law Change To Help Women, Say Government Sources

The objective, sources declared, is also to curb illegal occupancy of by Waqf boards, who, combined, have the largest land holdings in the country - around eight lakh acres; the Railways and the military have more but they are part of the government while the Waqf boards are private organisations.

Sources said the government is also willing to form a joint committee to study the bill.

Sources also claimed a "dangerous narrative" is being manufactured by certain Muslim clerics who are making wild statements that their land will be snatched. It has also been pointed out that these proposals are the results of extensive talks with stakeholders over the past two months.

The All India Sufi Sajjadanashin Council, for example, said Tuesday that it welcomed the government's decision to alter functioning of Waqf boards, saying it was long due.

The 1995 Wakf Act was passed to regulate 'auqaf' (assets donated and notified as Waqf) by a 'wakif' (the person who dedicates the property). The legislation was last amended in 2013.

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