The Waqf Bill, 2024
Context:
Recently, the Union Home Minister stated that the government would pass the Waqf Bill in the upcoming winter session.
- The Waqf Bill 2024 proposes to change the management of Waqf properties in India.
- The bill has ignited fire as it is believed that it would possibly dilute Muslim community control over Waqf properties.
Relevance:
GS02 (Government Policies and interventions)
Dimensions of the Article:
- What is the Waqf?
- Waqf Bill 2024
- Concerns with the Bill
- Way Forward
What is the Waqf?
- Meaning: According to the Islamic law, Waqf is a charitable endowment held in trust in the form of property donated by Muslims for a specific religious, charitable, or private purpose.
- History: The concept of Waqf was active since the days of Delhi Sultanate. However, it was criticized during the British Raj in the 19th century but the Mussalman Waqf Validating Act of 1913 upheld the Waqf system in India.
Waqf Bill 2024:
- The bill plans to introduce changes in the functioning of Waqf properties in India, which are currently overseen by the Central Waqf Council (CWC) and State Waqf Boards.
- The new bill intends to reserve seats for non-Muslims in these bodies whereas the present structure mandates only Muslim members.
- It proposes to remove the expert on Muslim law from Waqf tribunals.
- The bill has suggested changes on how Waqf properties should be identified, registered, and managed.
- The bill also plans to deregister older waqf properties that do not have original documents.
- The bill plans to bring stringent punishments for encroachers and those who do not abide by the new law.
Concerns with the Bill:
- Inclusion of Non-Muslims in Waqf Management: The bill proposes to introduce non-Muslims in the Waqf boards which were historically managed by Muslims, creating a dilution in the age-old structure.
- Lack of Consultation with Stakeholders: The previous amendments were done by creating specific committees to give suggestions on the Waqf boards. Accordingly, Justice Sachar Committee was created to discuss on the matter. The concern is that the 2024 bill was drafted without broad engagement with Waqf institutions, mutawallis (managers of Waqf properties), or socio-religious Muslim organizations.
- Violation of Existing Waqf Law: The existing Waqf law mandates that the Central Waqf Council (CWC) be led by Muslims only. But, the Ministry appointed non-Muslim officials, ignoring the statutory requirements and violating the existing law. The Bill also seeks to dilute the 100% Muslim membership of these bodies, which contradicts religious autonomy guaranteed under Articles 25 and 26 of the Constitution.
- Disruption of Traditional Waqf Practices: Drastic changes, such as re-registering waqf properties and removing the Mansha-e-Waaqif principle (the donor’s will) will undermine the traditional ways in which Waqf properties were administered for centuries.
Way Forward:
- The Ministry should reconstitute the CWC in accordance with existing Waqf laws.
- The government must ensure that the new bill respects Articles 25 and 26 of the Constitution, which guarantees religious groups the right to manage their own affairs.
- Rather than weakening the management by diluting the structure, the government should implement measures to bring more transparency in the administration of the board.