Daijiworld Media Network - New Delhi
New Delhi, Mar 31: The Kerala Catholic Bishops' Council (KCBC) has urged all Members of Parliament from Kerala to support the Waqf (Amendment) Bill 2024, introduced by the Central government. This appeal has reignited discussions on the key reforms and benefits proposed by the legislation, which aims to address governance inefficiencies, legal disputes, and mismanagement within Waqf institutions.
A Waqf is a permanent dedication of movable or immovable property for religious or charitable purposes, governed under the Waqf Act, 1995. The administration of Waqf properties falls under State Waqf Boards and the Central Waqf Council.
India holds the largest Waqf properties in the world, with 8.72 lakh registered properties spanning 9.4 lakh acres, valued at an estimated Rs 1.2 lakh crore. The Waqf Board is the third-largest landowner in India, after the Indian Railways and the Armed Forces.
Interestingly, several Islamic countries, including Turkey, Egypt, Sudan, and Syria, do not have Waqf properties. However, in India, Waqf Boards have legal protection under the Waqf Act.
On August 8, 2024, two significant bills were introduced in the Lok Sabha: the Waqf (Amendment) Bill, 2024, which aims to reform the Waqf Act, 1995, addressing administrative challenges and enhancing governance, and the Mussalman Wakf (Repeal) Bill, 2024, which seeks to repeal the outdated Mussalman Wakf Act, 1923, a colonial-era legislation.
The new legislation introduces greater inclusivity by recognizing women and non-Muslims as stakeholders and incorporating Pasmanda Muslims in Waqf Board decision-making. It also establishes independent Boards for Aghakhani and Bohra communities to prevent monopolization and strengthen oversight. Transparency and accountability measures include technology-driven management of Waqf records, ensuring better governance of Waqf assets for public welfare, including education and healthcare.
The Justice Rajinder Sachar Committee (2006) reported that Waqf properties yield an annual income of only Rs 163 crore, despite their vast holdings. If efficiently utilized, these assets could generate an estimated Rs 12,000 crore per annum.
The bill introduces key amendments, including restrictions on who can declare a Waqf, the removal of “Waqf by user” provisions, and safeguards to prevent family Waqfs from denying inheritance rights to women. It also removes the Waqf Board’s authority to independently declare properties as Waqf and allows legal appeals against Tribunal decisions in the High Court within 90 days. Additionally, it grants the central government increased oversight over Waqf Board audits, registration, and financial disclosures, previously managed by state governments.
The Waqf (Amendment) Bill, 2024, has drawn mixed reactions. While proponents argue that it modernizes Waqf governance, enhances transparency, and prevents misuse, critics claim it could dilute the autonomy of Waqf institutions. The support from the KCBC for the Bill marks an unusual interfaith endorsement, adding a new dimension to the debate. As discussions continue, the Bill is expected to significantly reshape the future of Waqf governance in India.