The Union authorities’s proposed modification to the Waqf Boards Act 1995 has sparked a political slugfest. Opposition events allege that the proposals intention to deprive the Muslim neighborhood of their land, property and the “freedom to handle non secular affairs” assured beneath Article 26 of the Indian Structure. The ruling NDA has in flip argued that the demand to manage Waqf boards comes from the Muslim neighborhood itself.
In case you might be questioning what the controversy is all about, here’s a transient explainer on what’s a Waqf property and what are the proposed amendments.
What’s a Waqf property?
It refers to a moveable or immovable property devoted within the identify of god for charitable functions by a deed or an instrument. The apply has been in existence even earlier than the apply of documentation started. Therefore, properties, which have been in use for a very long time may also be thought of, as Waqf properties.
A Waqf property can both be for public charitable functions or held non-public to profit a person’s descendants. A Waqf property is non-transferable and held perpetually within the identify of God. The proceeds from a Waqf usually fund academic establishments, graveyards, mosques, and shelter properties, benefitting a lot of Muslims.
What’s a Waqf board?
A Waqf board is a authorized entity with nominated members to handle Waqf properties. The board appoints a custodian to every property to make sure its proceeds are used for supposed functions.
Central Waqf Council (CWC), established in 1964, oversees and advises state-level Waqf Boards throughout India. In keeping with the Ministry of Minority Affairs, it additionally advises the central authorities, state authorities and Waqf boards on the administration of their properties.
It will possibly additionally direct them to furnish info to the Council on the efficiency of the board, significantly on their monetary efficiency, survey, income information, encroachment of Waqf properties, Annual and Audit experiences and so on beneath part 9 (4) of the Waqf Act 1954.
A brand new act was handed in 1995 and was amended in 2013 to present far-reaching powers to the Waqf Board to designate a property as ‘Waqf Property’. In case of dispute whether or not a property might be thought of a Waqf, Part 6 of the 1995 Act reads “the choice of the Tribunal in respect of such matter shall be last.”
What are the proposed amendments in Waqf (Modification) Invoice, 2024?
In brief, the invoice goals to limit the ability of Waqf boards to handle its properties and offers for extra authorities regulation.
The invoice proposes to make registration with the District Collector’s Workplace necessary for any Waqf property, in order that the property might be evaluated.
It additionally states that “any authorities property recognized or declared as Waqf property, earlier than or after the graduation of this Act, shall not be deemed to be a waqf property”. The district collector would be the arbiter to resolve whether or not a property is waqf property or authorities land and the choice shall be last.
As soon as determined, the collector could make essential adjustments to the income report and submit a report back to the state authorities. The invoice additionally states that such property shall not be handled as Waqf property until the collector submits his report back to the state govt.
In case of dispute with the choice of the Waqf board, appeals can now be made within the respective excessive courts.
At the moment, a property might be thought of as a Waqf, even when its authentic declaration is suspect or disputed. The supply was offered as beneath Islamic legislation, the dedication of a property as waqf was largely oral, till documentation (waqfnama) grew to become the usual norm.
The invoice seeks to omit such provisions, thus a Waqf property might be thought of suspect or disputed within the absence of a legitimate waqfnama. The property can not be used until the ultimate resolution is made by the District Collector.
Amendments additionally give the Central authorities the ability to “direct the audit of any Waqf at any time by an auditor appointed by the Comptroller and Auditor-Normal of India, or by any officer designated by the Central Authorities for that objective”.
It additionally goals to make sure ladies’s illustration on the Central Waqf Council and state boards.
(With ANI inputs)