Waqf boards: Bill seeking changes in Wakf Act in works

The bill is likely to propose around 40 amendments in the Wakf Act. The bill was approved by the Union Cabinet on Friday, sources said.

The bill also proposes to repeal a few clauses of the act.

The major amendments proposed by the draft legislation include restructuring of Waqf boards, changing the composition of boards and ensuring verification of the land before the board announces it as the property of Waqf.

The bill proposes to amend Section 9 and Section 14 of the Wakf Act to change the composition of Central Waqf Council and state Waqf boards, to ensure representation for women in the bodies.

The bill also proposes to seek fresh verification of the disputed land claimed by the state Waqf boards.

In May last year, the Delhi High Court had ordered that the Union government may carry out physical inspection of 123 properties, possession of which is being claimed by the Delhi Waqf Board.

Thereafter, in August last year, the Union urban development ministry also issued a notice to all these properties.

Giving a rationale behind this bill, sources cited a case of September 2022 when Tamil Nadu Waqf Board claimed ownership of entire Thiruchendurai village in Tamil Nadu, with a majority Hindu population.

Presently, there are 30 Waqf boards across the country in twenty-eight states and Union territories.

The Wakf Act, 1995, was enacted to regulate ‘Auqaf’ (assets donated and notified as Waqf) by a wakif – the person who dedicates a property for any purpose recognised by the Muslim law as pious, religious or charitable. Amendments were also made to the act in 2013 to address several shortcomings.

As per government records, there are 8.70 lakh Waqf properties spread over 9.40 lakh acres of land.

In the last Modi government, the minority affairs ministry had undertaken a review of the sweeping powers of the state Waqf boards to declare a particular property as a Waqf property, and misuse of powers of the state Waqf boards regarding appointment of Mutawallis (Waqf managers).

The timing of bringing the bill assumes significance as the assembly polls in three states — Haryana, Maharashtra and Jharkhand are likely to be held in October this year.