Tomorrow in the Lok Sabha, more than 40 provisions, which have been asked to be amended, of the existing Waqf Act of 1995 which governs the Waqf boards in India, are going to be amended through this amendment bill.
The objectives of the amendments are such that:.
1. Representatives of the backward classes amongst Muslims, Muslim women, and non-Muslims are to be included in the Waqf boards.
2. Government claims that all such amendments are based on certain demands for reforms that have come from within the Muslim community. These changes would not only help in better administration of Waqf properties and institutions across the country but also instill a sense of confidence in a huge population.
Now, the major changes proposed are as follows:
1. Withdrawal of power from the Waqf boards to unilaterally declare any property as Waqf property without verification on a compulsory basis. This is seen as denting the “arbitrary” authority of the Waqf boards.
2. Provision of a district collector who can assist in the resolution of such disputes of the government with the Waqf boards over the status of any property. He shall be competent to decide whether a property is genuinely Waqf or governmental.
3. Laying down that Muslim women and non-Muslims should mandatorily be included in the Waqf Boards. This step is in the process of making such bodies representative.
4. Creation of a separate Board of Auqaf (Islamic endowments) for the Bohra and Agakhanis Muslim communities.
The government claims that these amendments are intended to introduce an element of accountability and transparency in the working of Waqf boards. It said this has been a long-pending demand from within the Muslim community for reforms.
It seeks to provide for facilitating the process of registration of Waqf properties through a central portal and database, and also lays down in detail a procedure for mutating properties according to revenue laws, with due notice to all concerned.
The Waqf (Amendment) Bill has already drawn some flak from opposition parties and Muslim groups who feel that it is an attempt at taking away whatever little autonomy and authority the Waqf boards have.
Some critics pointed out that district collectors’ involvement in deciding the status of Waqf property is an encroachment on the boards’ powers. Another apprehension is that the new provisions might result in disputes and litigation.
However, the government argues that the amendments are meant to bring in more transparency and openness in the waqf properties and institutions and that in the end, the Muslims at large will gain.
Now that the bill is going to be tabled in the Lok Sabha tomorrow, we will see many more reactions and debates on this policy initiative in the days to come. The enactment of this legislation will keep many followers tuned in, as it offers a situation in which the administration of Waqf affairs in the country sees a sea change.
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