Ronik Sharma
In the last parliamentary session on August, 8 2024 two bills Waqf (Amendment bill 2024, and the Mussalman Wakaf (Repeal) bill, 2024 were introduced in the LoK sabha. The new Waqf law, known as the Unified Waqf Management, Empowerment, Efficiency, and Development Act, will repeal several of the discriminatory clauses of the 1995 Waqf Act. The new Waqf amendment bill of 2024 contains amending provisions aimed at strengthening the Muslim community overall and at enhancing the management of Waqf properties in the country. The newly introduced amendments will not only redress the issues, problems, and challenges concerning waqf properties all over the country but will also improve the shortcomings in managing the waqf properties. The general modifications to the Waqf law, as per the recently proposed amendments, are intended to address discriminatory concerns as well as issues related to the mishandling of the waqf properties by powerful men.
A separate board for the Bohra and Agakhani communities is also suggested under the bill which promotes inclusivity, with the slogan “Sabka Sath Sabka Vikas”. Additional it allows for the portrayal of Shia and lower social classes within the Muslims. As per the Mussalman Wakf (repeal) bill, 2024, the modern modifications will eradicate all ambiguity in the management of the Waqf properties while also bringing openness, accountability, and uniformity to the former colonial law. Transparency will be enhanced by the recent proposed amendments in the Waqf Act 2024 amendment, which will also make fraudsters more accountable. There has been widespread Waqf Act’s illegal monopoly, and violations of its different clauses have led to a great deal of litigations as well as discord in the communities. A large number of litigations are still pending before the tribunals, including the cases in which the Muslim community has contested against the institutions managing waqfs. This is all because of the opaqueness of the waqf board’s mangement and functionings. The proposed amendments include giving representation to non muslims as well as Muslim women in this regard in the central waqf council and state waqf boards, in addition to repealing Section 40 of the existing waqf act which deals with the waqfs boards authority to determine whether a property is a waqf property or not. There is a great deal of corruption, and the workings of powerful individuals prevented the average Muslim from getting benefiting from it. The need to reduce corruption is need of the hour. The proposed amendment seeks to provide clarity on property ownership concerns and standards while addressing transparency. It also entails dealing with the problems of disagreements, management enhancement, and transparency in Waqf establishment.
Owing to the Waqf Board’s increasing lack of transparency and accountability in its operations – particularly in the acquisition and management of properties it usually lacks accountability. Excessive abuse of power leads to increased mishandling and mismanagement as well as an encouragement of lack of authenticity. Since the present system is a land based tool monopoly that threatens our country’s social cohesion, it’s continued presence in its current form may exacerbate conflicts between communities. In terms of women’s empowerment, gender equality is also regarded as a fundamental human right, meaning that all women should have equal access to opportunities without any discrimination in the name of gender inequality. The proposed Waqf Act amendments are a step in the direction of inclusivity since they permit female representation on boards.
The Waqf tribunal’s decision was previously deemed final and there was no opportunity for appeal. However, the new amendments would allow disputes with Waqf boards to be appealed to the relevant High Courts, which would effectively put an end to bias, injustices and favouritism. The Waqf Act of 1995 inherently discriminates towards other religious communities and goes against the fundamental principles of our constitution. According to the existing Act of 1995, in any situation involving land disputes,discrimination against other communities is to be handled by a board made up of primarily or solely of Muslims. The Waqf boards have not only frequently declared ownership of land without first subjecting it to legal scrutiny in many cases but also have led to the abuses of individual property rights and a monopoly on the forced acquisition of the land. It is pertinent to mention here that according to Waqf it refers to the properties dedicated exclusively for religious or charitable purposes under the Islamic law. Waqf Boards all over the country currently control over eight lakh properties spanning over nine lakh acres across the country with an estimated value of more than one lakh crores.
It also makes them the third largest landowner in the country. It is pertinent to mention here that all the Islamic countries do not have waqf properties, and such countries are without having waqfs. India is the only nation with legally protected waqf boards. This is the right time to make the necessary changes to the existing waqf act to ensure that an average person cannot face discrimination. The Government of India is solely responsible for monitoring and resolving any discriminatory concerns as well as issues pertaining to the mismanagement of Waqf properties by influential individuals under the existing waqf act.
(The author is an Advocate )
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