A political slugfest has erupted as the Narendra Modi government gears up to overhaul the existing Waqf Act of 1995. The amendment bill, carrying over 40 changes, is likely to be introduced in the Lok Sabha on Monday, August 5. The bill, approved by the Union Cabinet on Friday, proposes to repeal several clauses of the act.August 5 holds special significance for the Modi government: Article 370 was abrogated on this date in 2019, and the foundation stone of the Ram temple in Ayodhya was laid by PM Narendra Modi on this date in 2020.
Currently, there are 30 Waqf boards across the country in 28 states and union territories.The Waqf amendment bill seeks to limit the powers of the Waqf Board. Key points include restricting the authority of Waqf Boards to declare any property as a 'waqf asset' and take control of it. All property claims made by Waqf Boards will require mandatory verification. The bill also proposes changes in the composition of Waqf Boards, restructuring both the Central Waqf Council and state Waqf boards.This move is seen as a significant step toward curbing the board's authority over property claims and addressing issues related to land encroachment and misuse of powers granted under the current legislation. The major amendments include restructuring Waqf boards, changing their composition, and ensuring land verification before declaring it as Waqf property.
The bill proposes amending Sections 9 and 14 of the Waqf Act to change the composition of the Central Waqf Council and state Waqf boards, ensuring representation for women. It also seeks fresh verification of disputed land claimed by state Waqf boards.
The ruling BJP claims the amendments are a long-pending demand of the Muslim community, as the bill seeks to curb the unfettered rights of Waqf boards to declare any land as its own. In contrast, the opposition argues the action aims to gain political brownie points ahead of by-elections in Uttar Pradesh and upcoming assembly elections in Haryana, Maharashtra, Jharkhand, and Delhi.Former Deputy Chief Minister of UP and Rajya Sabha MP Dinesh Sharma stated, "The demand for the amendment in the Waqf Act is over three decades old, and even Muslims are demanding the amendment. It will be highly erroneous to view the move for amendment from the prism of communalism. All partners of the National Democratic Alliance will support the amendment bill in Parliament."
Maulana Sajid Rashidi, a prominent Deobandi cleric, said, "The BJP seeks to draw political mileage by bringing one divisive issue after another. After the Ram temple, they have found new divisive issues like Kashi Vishwanath temple vs. Gyanvapi mosque and Srikrishna Janmabhoomi temple vs. Idgah at Mathura."Prominent Shia cleric Maulana Yasoob Abbas welcomed the move, saying, "The amendment will introduce transparency and accountability in the management of Waqf properties, besides ending corruption and adding to the income of such properties."In May last year, the Delhi High Court ruled that the Union government may carry out physical inspections of 123 properties claimed by the Delhi Waqf Board. In August, the Union Urban Development Ministry issued a notice to all these properties.
Citing a rationale behind this bill, sources mentioned a September 2022 case when the Tamil Nadu Waqf Board claimed ownership of the entire Thiruchendurai village in Tamil Nadu, with a majority Hindu population.The first legislation for regulating and managing the Waqf board was passed during British India in the United Provinces Legislative Council in 1936. In 1954, Jawaharlal Nehru enacted the first Central Waqf Act.
The PV Narasimha Rao government amended the act in 1995, giving sweeping powers to Waqf boards across the country.The Waqf Act aims to regulate 'Auqaf' (assets donated by Muslims, with the property vested in God and notified as Waqf) by a Wakif – the person who dedicates a property for any purpose recognized by Muslim law as pious, religious, or charitable. Amendments were also made to the act in 2013 to address several shortcomings.As per government records, there are 8.70 lakh Waqf properties.
The total land controlled by Waqf properties in 2009 was 4 lakh acres, which increased to 8 lakh acres in 2024.In the Modi 2.0 government, the Ministry of Minority Affairs reviewed the sweeping powers of state Waqf boards to declare a particular property as Waqf property and the misuse of powers regarding the appointment of Mutawallis (Waqf managers).
