Major changes to Waqf Act: Non-Muslims, women to get representation

Waqf Act | New Delhi, August 8: A controversial bill aiming to amend 44 sections of the Waqf Act of 1995 is set to be presented in the Lok Sabha on Thursday, according to top government sources.

The Waqf (Amendment) Bill, 2024 is listed for introduction by Minority Affairs Minister Kiren Rijiju in Lok Sabha here today.

This bill seeks to ensure the representation of non-Muslims and Muslim women in Central and State Waqf bodies. Another bill, intended to abolish the Waqf Act of 1923, will also be introduced.

Copies of the proposed amendments were distributed to Lok Sabha members late Tuesday night. The amendments will rename the 1995 law as the Unified Waqf Management, Empowerment, Efficiency, and Development Act, aiming to improve the management of Waqf properties, which are lands designated for religious or charitable purposes under Islamic law.

Waqf Act: Key proposed changes

Key proposed changes include the removal of Section 40, which currently allows the Waqf Board to classify properties. Instead, the authority to classify properties will be transferred to the District Collector, a Civil Service official.

The amendments also mandate that the Central Waqf Council and State Waqf Boards must include two women. The Council will now comprise a Union Minister, three MPs, three representatives of Muslim organizations, three Muslim law experts, two former judges (either from the Supreme Court or a High Court), four individuals of national repute, and senior union government officials. At least two members must be women.

The new law will require notice before registering any property as Waqf, and registration must occur on a centralized website. The authority to survey Waqf properties will be given to the District Collector or their deputy. The amendments also provide for the lodging of an appeal in the High Court within 90 days of the Board’s decision.

Additionally, only practicing Muslims will be permitted to donate their property to the Waqf Council or Board, and only the legal owner can make this decision. Under the current law, Waqf property cannot be considered as such if there is a dispute about its antecedents, particularly if it is claimed to be government property. In such cases, officials will investigate and submit a report to the state, after which records will be adjusted.

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The new law stipulates that money received by the Waqf Board must be used for the welfare of widows, divorcees, and orphans, following government guidelines. Another significant proposal is the protection and assurance of women’s inheritances. The bill also proposes the creation of a separate board for the Bohra and Agakhani communities.

Opposition parties are keen that the bill should be sent to the standing committee.

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