Historical Background

Waqf involves donating property for religious or charitable purposes in Islam. This practice has been a core part of Muslim communities for centuries. In India, the Waqf Act of 1995 manages these properties, setting up Central and State Waqf Boards to oversee their administration. The Act ensures the protection and proper management of Waqf assets.

The Waqf (Amendment) Bill

The Waqf (Amendment) Bill was introduced on August 8, 2023. It aims to change the 1995 Waqf Act. Here are the main points:

1. Removal of ‘Waqf by User’:
   • The bill suggests removing the “Waqf by user” rule. This rule currently allows properties used for religious purposes over a long time to be recognized as Waqf. Critics argue this change could lead to disputes and misuse of many properties.
2. Role of District Collector:
   • The bill proposes giving the District Collector the authority to decide if a property is Waqf. This change worries some members who question if one official should have such significant power.
3. Inclusion of Non-Muslims in Waqf Bodies:
   • The bill also suggests adding non-Muslims to the Central Waqf Council and State Waqf Boards. Critics believe this could disrupt the traditional management of Waqf properties by Muslims.
4. Concerns Over Legal Protections:
   • Removing the “Waqf by user” rule might weaken protections for historic sites used as Waqf. Without legal recognition, these sites could face legal challenges and disputes.

Recent Developments

The joint committee of Parliament reviewed the bill on August 30, 2024. Chaired by BJP member Jagadambika Pal, the meeting was marked by heated debate:

• Intense Debate: Representatives from various organizations, including the All India Sunni Jamiyatul Ulama and Indian Muslims for Civil Rights, voiced strong objections. BJP member Dilip Saikia’s comments led to a heated exchange with opposition members.
• Protests and Walkouts: Opposition members briefly walked out after the chairman did not allow one of their witnesses to speak. They argued that the bill’s provisions could harm Waqf properties and lead to administrative challenges.
• Public Consultation: The committee has called for public feedback. They seek suggestions from NGOs, experts, and the public to review the bill comprehensively before finalizing it.
• Next Steps: The committee plans more meetings on September 5-6, 2024, to continue discussions. They may also increase meeting frequency to speed up the review process.

UPSC Pointers

1. Historical Context: Learn about the origins and significance of Waqf in India.
2. Key Provisions of the Bill: Note the major changes proposed, such as the removal of “Waqf by user,” the new role for District Collectors, and the inclusion of non-Muslims in Waqf bodies.
3. Recent Parliamentary Developments: Follow the latest debates and stakeholder reactions to understand the bill’s broader implications.