Cabinet clears decks for tabling of Waqf Bill
The Union Cabinet, led by Prime Minister Narendra Modi, has approved the Waqf Amendment Bill 2024, incorporating several amendments recommended in the Joint Parliamentary Committee (JPC) report. The revised bill is expected to be introduced for passage in the second half of Parliament’s budget session.
While opposition MPs’ proposed amendments were rejected, changes suggested by BJP and NDA lawmakers were accepted. The bill has been renamed the Unified Waqf Management, Empowerment, Efficiency, and Development (UMEED) Bill, reflecting its broader objective of strengthening waqf management and governance.
Objective of the Bill
The Waqf Amendment Bill 2024 aims to amend the Waqf Act 1995, addressing issues related to the management, regulation, and transparency of waqf properties. Waqf properties, which are charitable or religious donations in Islamic tradition, are dedicated to mosques, madrassas, graveyards, and orphanages, and cannot be sold or repurposed.
Key amendments & reforms
- Increased representation & women’s empowerment
- Two Muslim women will continue to be included in both the State Waqf Boards (Section 14) and the Central Waqf Council (Section 9).
- Muslim OBC representation has been ensured in State Waqf Boards (Section 14).
- Separate Waqf Boards for Aghakhani and Bohra communities may be established, recognizing their distinct religious needs (Section 13).
- Protection of women’s inheritance rights in family Waqfs
- In Waqf Alal Aulad (family waqfs), a waqif (donor) can only dedicate property after ensuring female heirs receive their rightful share (Section 3A(2)).
- Transparent registration & legal framework
- Online registration of waqf properties will be introduced to automate the entire life cycle of waqf assets.
- Waqf Boards must upload all property details to a central portal within six months. Extensions may be granted by the Waqf Tribunal.
- Online registration certificates will be issued for waqf properties.
- Legal & dispute resolution mechanisms
- Registered Waqf by User will be recognized as waqf, except in cases of government ownership or disputes (Section 3(r)).
- The Limitation Act will apply to all waqf-related cases, ensuring timely resolution and preventing prolonged litigation (Section 107).
- The finality of Waqf Tribunal decisions has been removed. Aggrieved parties can now appeal to the High Court within 90 days.
- Inquiry into government property claims
- If a government property is claimed as waqf, an officer above the rank of Collector will conduct an inquiry.
- Until the report is submitted, such government properties will not be treated as waqf (Section 3C).
- Exclusion of Muslim trusts from the Waqf Act
- Muslim trusts that function like waqfs but are governed by trust laws will be excluded from the Waqf Act to prevent legal conflicts (Section 2A).
- Support for widows divorced women & orphans
- The income from Waqf Alal Aulad can be used to support widows, divorced women, and orphans if specified by the waqif (Section 3(r)(iv)).
Legislative process & political divide
The JPC, led by BJP MP Jagdambika Pal, adopted the draft report with 16 votes from ruling NDA MPs against 10 votes from the opposition. While opposition lawmakers opposed several provisions, the government upheld BJP and NDA-backed amendments.
The bill is now set for introduction in the second phase of Parliament’s budget session, marking a significant overhaul in waqf property regulation.
Conclusion: A step towards transparency & efficient Waqf management
The UMEED Bill aims to bring efficiency, transparency, and inclusivity to waqf governance while addressing legal complexities. With provisions for women’s representation, digital registration, legal clarity, and dispute resolution, the bill could reshape the waqf management system in India.
However, opposition concerns remain, and debates in Parliament will determine its final form before it becomes law.
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Excellent. Do we need Waqf board ? Can it be scrapped ?