The Bharatiya Janata Party (BJP)-led National Democratic Alliance (NDA) government is set to introduce the Waqf Act Amendment Bill in Lok Sabha today, which seeks to address matters related to State Waqf Boards, registration and survey of waqf properties and removal of encroachments.

COMMERCIAL BREAK
SCROLL TO CONTINUE READING

The aforementioned bill is listed for introduction by Union Parliamentary Affairs Minister Kiran Rijiju. 

The proposed bill is an amendment to the Waqf Boards Act 1995, which has sparked a political slugfest in the country. According to the opposition INDIA bloc, the government is seeking ton deprive the Muslim community of their land, assets and the “freedom to manage religious affairs”, as provided under the Article 26 of the Indian Constitution. 

The ruling NDA, on the other hand, claims that the amendment has been a long-pending demand of the Muslim community itself. 

What is a Waqf property? 

A waqf property, as per the Muslim law, is a either a moveble or immovable properties for religious, or pious purposes dedicated to the needy under the name of God by a Muslim. A Waqf property can be used either as a public property or held private in order to benefit a certain individual. The monetary benefits or proceeds of a Waqf property is often used to fund educational institutes or shelter homes, benefitting the Muslim community. 

What is the Waqf board?

The Waqf Board constitutes of Muslim members, with responsibilities to look after the Waqf properties. The members ensure that the proceeds of the properties can be utilised for the intended purposes. 

Central Waqf Council (CWC)

The Central Waqf Council (CWC), established in 1964, is the regulatory body for Waqf Boards across the India, which also advises the central and the state governments regarding the mangement of the Waqf properties. 

The Waqf Boards Act 1995 aims to provide the Waqf Boards 'far-reaching' powers to declare a property as a Waqf property. 

What are the proposed amendments?

The central government, throught the Waqf Act Amendment Bill, aims to restrict the powers of the Waqf Boards and it also provides for an increased government regulation. It also provided for defining "waqf" as waqf by any person practising Islam for at least five years and having ownership of such properties. 

The amendment also aims to ensure that the creation of Waqf-alal-aulad does not lead to the denial of inheritance rights to Muslim women. The Bill also seeks to eliminate provisions related to "waqf by user", grant power to the District Collector to decide whether a property is waqf property or government land and the decision shall be final.

The property cannot be deemed a Waqf property unless the District Collector submits its report to the government. In case of disputes, one can take the matter to the respective High Courts. 

Meanwhile, Shiv Sena (UBT) leader Priyanka Chaturvedi questioned the government on the proposed amendments in the Waqf Boards Act 1995, asking if the same had been discussed by the BJP with its allied. 

"The way this bill is being brought, I would ask if it has been discussed within their alliance (NDA). Have JDU and TDP seen this Waqf bill and have given their consent? If it has not been done, then it is only important that whenever such a bill comes, all the stakeholders, parliamentarians must be heard and amendments to be made if needed", Chaturvedi said while speaking to ANI. 

The support of the allies of the NDA, especially Telugu Desam Party (TDP) and the Janata Dal-United (JDU), plays a crucial role as both the parties are 'kingmakers' in the current government given the BJP fell short of the majority mark in the Lok Sabha polls 2024. 

With inputs from ANI.