Would Waqf properties remain the same? The Waqf (Amendment) Bill explained

New Delhi, Aug 9: The Waqf (Amendment) Bill, 2024, introduced in the Lok Sabha this week and referred to a Joint Parliamentary Panel on Thursday, has sparked significant debate regarding its implications on the management of Waqf properties in India.

The proposed bill, which will also be applicable to Jammu & Kashmir Waqf properties, proposes major changes in the structure and management of Waqf Boards, including the designation and  management of Waqf properties.

Besides proposing women, non-Muslim and government representatives in the boards, here is an in-depth look at the key provisions of the bill, its potential impact on Waqf properties, and the constitutional concerns raised by critics:

Key Provisions of the Waqf (Amendment)

The bill proposes to give the central and state governments more authority over Waqf properties. This includes the power to review, monitor, and oversee the functioning of Waqf boards. The government could potentially have the power to remove or replace members of Waqf boards if found necessary. It also proposes mandatory representation of women, non Muslims and government nominees in the Waqf Boards.

Changes in Waqf Property Registration:

The amendment includes a more stringent process for the registration of Waqf properties. It proposes mandatory registration of all Waqf properties within a specified timeframe. Failure to do so could lead to penalties, and non-registered properties might not be considered as Waqf properties legally.

Restrictions on Alienation of Waqf Properties:

The bill introduces stricter regulations on the sale, lease, or transfer of Waqf properties. Any transaction involving Waqf land would require prior approval from the government, thereby tightening the control over such transactions to prevent misuse or illegal sale of Waqf land.

Legal Recourse and Dispute Resolution:

The bill proposes a specialized tribunal for resolving disputes related to Waqf properties. This tribunal would have exclusive jurisdiction over Waqf property disputes.

Protection Against Encroachment:

To safeguard Waqf properties from encroachment, the bill proposes harsher penalties for encroachers and faster legal processes for the eviction of unauthorized occupants. This is aimed at addressing the widespread issue of illegal occupation of Waqf land.

Audit and Financial Accountability:

The bill introduces measures to broaden the financial accountability of Waqf boards. This includes mandatory audits by certified auditors and submission of financial reports to the government. The intent is to curb corruption and ensure transparency in the management of Waqf properties, government maintains.

Potential Impact on Waqf Properties and Their Management:

The mandatory registration of Waqf properties might pose challenges for Waqf boards, especially in rural areas where records are incomplete or missing. This could lead to legal complications and disputes over the ownership and classification of properties.

Counterarguments and Constitutional Concerns

Concerns Over Government Control:

Critics argue that the bill gives excessive control to the government over Waqf properties, potentially infringing on the autonomy of religious communities. There is concern that this could lead to politicization of Waqf boards, where decisions are made based on political considerations rather than community needs.

Unconstitutionality Arguments:

Some legal experts and community leaders have raised concerns about the bill’s constitutionality. They argue that the increased government oversight might violate the right to manage religious institutions, which is protected under Article 26 of the Indian Constitution. This article guarantees the right of every religious denomination to manage its affairs in matters of religion.

Risk of Bureaucratic Overreach:

The bill’s provisions for government approval in property transactions and other matters could lead to bureaucratic overreach, where officials wield disproportionate power over Waqf boards. This could result in delays, corruption, and a reduction in the efficiency of Waqf management.

Impact on Religious Freedom:

There is a concern that the bill could be used to undermine the religious freedom of the Muslim community by giving the state undue influence over Waqf properties, which are integral to the community’s religious and social welfare activities.

Potential for Legal Challenges:

Given the constitutional concerns, there is a high likelihood that the bill, if passed into law, will face legal challenges in the courts. These challenges could delay the implementation of the bill and lead to further uncertainty in the management of Waqf properties.