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The Joint Parliamentary Committee (JPC) has approved significant amendments to the Waqf (Amendment) Bill 2024, sparking debate and raising concerns regarding the management of Muslim charitable properties in India. The most prominent change mandates the inclusion of at least two non-Muslim members on all Waqf Boards, regardless of whether they operate at the state or national level. This move departs from the initial draft, which focused solely on appointing ex-officio members who could be either Muslim or non-Muslim. The inclusion of mandatory non-Muslim members is a clear attempt to enhance transparency and accountability within the Waqf system, a move lauded by some as crucial for ensuring equitable governance. However, critics argue that this imposition undermines the religious nature of Waqf institutions and may lead to unnecessary interference in internal affairs.
Beyond the inclusion of non-Muslim members, the JPC has also altered the process of determining whether a property is indeed 'waqf'. Previously, this crucial decision rested solely with the District Collector, as per the original draft of the bill. The amended bill now empowers an officer designated by the respective state government to make this determination. This shift in responsibility aims to streamline the process and potentially reduce bureaucratic delays, providing a more efficient mechanism for resolving property disputes. Proponents suggest that the change will offer greater local oversight and expertise in assessing property claims, enhancing the accuracy and fairness of the process. Opponents, however, express concern over the potential for political influence and bias, raising questions about the impartiality of state-appointed officials.
A critical aspect of the approved amendments clarifies that the bill will not have retrospective effect on already registered properties. This provision aims to protect the legal standing of existing Waqf properties. However, this safeguard becomes less impactful given the concern raised by Congress leader and JPC member Imran Masood, who noted that approximately 90 percent of Waqf properties remain unregistered. This alarming statistic reveals a significant gap in documentation and formal recognition, potentially leaving a substantial portion of Waqf assets vulnerable to disputes and challenges. The lack of registration highlights a longstanding problem that requires immediate attention, extending beyond the scope of the current amendments. Comprehensive efforts are needed to address property registration issues if the intent to safeguard Waqf properties is to be fully realized.
Further complicating matters are additional amendments proposed by BJP representatives, including Lok Sabha MPs Nishikant Dubey, Tejasvi Surya, and Aparajita Sarangi. One particularly contentious amendment, proposed by Tejasvi Surya, requires individuals donating land to Waqf to provide evidence of practicing Islam for at least five years. This requirement necessitates a demonstration of religious commitment, intended to prevent fraudulent donations or misappropriation of property. Such a stipulation raises concerns about religious freedom and potential discrimination, as it imposes an additional burden on those seeking to donate land for charitable purposes. Critics argue that this amendment infringes upon individual rights and unnecessarily complicates the donation process.
The overall impact of these 44 amendments, many of which are indeed controversial, remains to be seen. The inclusion of non-Muslim members on Waqf boards is a major shift, intended to foster greater transparency and accountability. The change in the process for determining 'waqf' property seeks to streamline administration and enhance efficiency. However, the lack of retrospective effect for unregistered properties highlights a major administrative challenge, while amendments related to proving religious commitment raise concerns about fairness and religious freedom. The amendments demonstrate a clear political intent to reshape the management of Muslim charitable institutions, but the practical implications and long-term consequences will depend heavily on their effective implementation and the resolution of existing challenges concerning property registration and documentation.
Source: More Non-Muslims In Waqf Board? Here's What Changes To Draft Amendment Bill Approved By JPC Suggest