Centre plans to revoke ‘arbitrary’ Waqf powers; Cleric welcomes move

New Delhi: In a move that could have significant political consequences, the NDA government under Prime Minister Narendra Modi is all set to make amendments to the existing Waqf Act, thereby aiming to restrict the expansive powers of Waqf Boards to classify properties as "waqf assets" and assume control over them.

The national President of the All India Muslim Jamaat, Maulana Shahabuddin Razvi Bareilvi, has welcomed the Central government’s proposed amendment to Waqf Board Act.

Sources told IANS that the Union Cabinet approved around 40 amendments to the act on Friday, and that the proposed changes are designed to limit the Waqf Board's power to designate properties as "Waqf property".

The bill is anticipated to be presented in Parliament next week.

Should it pass, it will represent a major overhaul in the management and regulation of waqf properties in India, bringing the system in line with practices seen in other Islamic countries where no single entity holds such extensive powers, said sources.

Analysts say that the bill’s introduction is strategically timed just before the Assembly elections in Haryana, Maharashtra, and Jharkhand, expected in October.

IANS has examined the finer details of the issue and explored the potential outcomes of the government's proposed changes.

What does the government intend to revoke?

With these changes, the government understandably aims to repeal several provisions of the existing Waqf Act. In fact, the primary goal is to curtail the arbitrary powers of Waqf Boards, which currently enable them to declare any property as waqf without compulsory verification.

What are the main amendments being proposed?

Approximately 40 amendments to the current Act are proposed. If the bill is enacted, all claims made by Waqf Boards will require mandatory and transparent verification, according to sources familiar with the matter. Additionally, revisions to Sections 9 and 14 will modify the composition and operations of the Waqf Boards to include representation for women. The properties claimed by the Boards will undergo fresh verification to address disputes. A key focus of the amendments is to prevent misuse, which will be addressed by involving District Magistrates in the oversight of Waqf properties.

Why is the bill being brought forward now?

Sources indicated that widespread concerns over the Waqf Boards' arbitrary powers have driven the government's initiative. These powers have enabled the boards to designate extensive tracts of land as waqf properties, which frequently resulted in disputes and allegations of misuse.

What is the Waqf Act?

The Waqf Act, enacted in 1995, regulates 'auqaf' (assets donated and notified as waqf) by a wakif — the person who dedicates a property for purposes recognised by Muslim law as pious, religious, or charitable. Amendments made in 2013 under the UPA government conferred more sweeping powers on Waqf Boards, which have since been a point of contention.

What does the government intend to achieve?

The amendments are set to create a more regulated and transparent process for declaring waqf properties. They will impose checks on the boards' arbitrary powers and require mandatory verification of properties. Additionally, restructuring the boards and incorporating women are expected to enhance inclusivity and accountability.

Meanwhile, Maulana Shahabuddin Razvi Bareilvi, the national President of the All India Muslim Jamaat, has responded to the Central government’s proposed amendment to Waqf Board Act.

He welcomed the government's move to introduce a bill aimed at controlling the misuse of Waqf Board properties.

Maulana Bareilvi criticised the current Waqf Boards, alleging that board members, in collusion with land mafias, have been misappropriating Waqf Board properties.

He expressed disappointment that had Waqf Boards done their job properly, there would have been a lot of development among Indian Muslims, and no one would have been begging.

He also questioned why the Central government had remained silent for so long about these issues, and expressed hope that the new bill would address these problems. (IANS)

 Also read: Encroachment on Waqf property: Gauhati High Court orders submission of representation (sentinelassam.com)

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