The Waqf Board is in the news. The Modi government at the center is preparing to bring changes in the 70-year-old law of the Waqf Board once again. Soon this amended bill will be tabled in the Parliament. Through this bill, the Modi government will be able to stop the arbitrariness of the Waqf Board and its powers can also be reduced. There are more than 8.7 lakh Waqf properties across the country. The Waqf Board has a total jurisdiction of about 9.4 lakh acres of land. Earlier on Friday, in the cabinet meeting, a proposal for 40 amendments in the Waqf Act was approved. What powers did the Congress-led UPA government increase to the Waqf Board in 2013? When were there any changes in it? Know the complete timeline…
Initially the Muslim Wakf Act, 1923 was introduced by the British. The British first introduced the Madras Religious and Charitable Endowments Act 1925. It was opposed by Muslims and Christians on a large scale. Thus, it was re-drafted to exclude Muslims and Christians from this bill. Later it was applied only to Hindus and its name was changed to Madras Hindu Religious and Endowments Act 1927. After independence, the Wakf Act was first passed by the Parliament in 1954. After this, a new Wakf Act was passed in 1995, giving more powers to the Wakf Boards. An amendment was made in 2013 and the Wakf Boards were given unlimited powers to take away property. The amendment to the Wakf Act also provided that it cannot be challenged in any court. Simply put, the Wakf Board has unlimited powers to claim properties in the name of Muslim charity.
This simply means that a religious body was given unlimited powers, which prevented the plaintiff from even seeking justice from the judiciary. No other religious body has such powers in democratic India. Section 3 of the Waqf Act, 1995 states that if the Waqf thinks that the land belongs to a Muslim then it is the property of the Waqf. The Waqf does not have to provide any proof as to why they think the land belongs to them. Even in countries that follow Muslim laws, there is no Waqf institution and neither does any religious body have unlimited powers. The Waqf body did not return any land to Hindus who migrated from Pakistan during Partition. Similar reports of misuse of the Act have surfaced across the country. The first Waqf Act was passed in 1954. The first amendment was made in 1995 and then again in 2013.
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When did the Waqf Act change?
The Waqf Act has been amended many times to make it more effective and transparent. When the Waqf Board was formed in 1954, Pandit Jawaharlal Nehru was the Prime Minister of the country. That is, the Waqf Act was passed during the Nehru government, after which it was centralized. The central government gave the land of Muslims who migrated from India to Pakistan to the Waqf Boards under the Waqf Board Act 1954. The Central Waqf Council was established in 1964. In 1995, the Congress government of PV Narasimha Rao amended the Waqf Board Act to compensate for the demolition of the Babri Masjid in 1991 and gave unlimited rights to the Waqf Boards to acquire land. The amendment of 1995 gave unlimited powers to the Waqf Board. New provisions were added to the Waqf Act. The amendment that was made allowed the formation of Waqf Boards in every state and union territory. After that, amendments were again introduced in the year 2013 and the Waqf got unlimited power and complete autonomy. In 2013 also, there was a Congress-led UPA government in the country and the Prime Minister was Dr. Manmohan Singh.
Not only this, just before the Lok Sabha elections in March 2014, the then Congress government gifted 123 prime properties in the national capital Delhi to the Delhi Waqf Board. In 2022, an RTI revealed that the AAP government of Delhi Chief Minister Arvind Kejriwal has given more than Rs 101 crore of public money to the Delhi Waqf Board since coming to power in 2015. Rs 62.57 crore was given in 2021 alone.
When were the amendments made…
The Wakf Act, 1954: This was the first Waqf Act which was enacted for the management of Muslim religious properties and institutions in India.
The Wakf Act, 1995: The 1954 Act was amended and a new Waqf Act was introduced in 1995. The main objective of this Act was to improve the management of Waqf properties and reduce corruption. Under this Act, Waqf Boards were given more powers and responsibilities. In the 1995 Act, State Waqf Boards were formed to oversee Waqf properties. An attempt was made to make the registration process of Waqf properties more organized and transparent.
Wakf (Amendment) Act, 2013: This amendment was brought to make the management of Waqf properties more transparent and effective. In this, the registration process of Waqf properties was simplified and the powers of Waqf Boards were increased. Also, Geographic Information System (GIS) mapping of Waqf properties was made mandatory. GIS mapping of Waqf properties was made mandatory so that the properties could be properly assessed and monitored. Apart from this, a special court was formed to settle disputes of Waqf properties. The then government said that these amendments would ensure proper and effective management of Waqf properties and they could be used for the benefit of the Muslim community and the deprived sections of the society.
What powers of the Waqf Board were increased?
– In 2013, the Congress UPA government made several important amendments in the powers and rights of the Waqf Board. Under the amendment, identification and registration of all Waqf properties was made mandatory. For this, arrangements were made for Geographic Information System (GIS) mapping of Waqf properties, so that correct and accurate records of the properties could be kept.
– Waqf boards were given more powers to ensure the safety of Waqf properties. Waqf boards can manage their properties without any external interference. A special court was established to settle disputes related to Waqf properties. The then government said that this would help in resolving disputes related to Waqf properties quickly and fairly.
– The Central Waqf Council was given more powers and responsibilities. It was enabled to play an important role in the management and monitoring of Waqf properties.
– Waqf properties have been given special status, which is above any trust etc. This Act was brought to regulate ‘Aukaf’. Property donated by a Waqif and designated as Waqf is called ‘Aukaf’. Waqif is a person who dedicates property for purposes recognized by Muslim law as pious, religious or charitable.
– Section 3(R) of the amended Wakf Act, 1995 states that if any property is used for any purpose which is deemed to be sacred, religious or charitable, then it shall become Wakf property.
– Article 40 of the Wakf Act 1995 says that the Wakf surveyor and the Wakf Board will decide who owns this land.
– If your property is declared as Wakf property, then you cannot go to court against it. You will have to appeal to the Wakf Board only. Even if the decision of the Wakf Board comes against you, you cannot go to court. Then you can go to the Wakf Tribunal. There are administrative officers in this tribunal. There can be non-Muslims in it too.
– Section 85 of the Waqf Act says that the decision of the tribunal cannot be challenged even in the High Court or the Supreme Court.
Now what changes are planned in the new amendment?
The NDA government at the centre has prepared to reduce the powers of the Waqf Board in its third term. The amendments that are proposed will curb the unlimited powers of the Waqf Board. Compulsory verification of Waqf properties should be done. Compulsory verification of the claims of the Waqf Board will be done. Compulsory verification of those properties has also been proposed for which the Waqf Board and individual owners have made claims and counter-claims. Sources say that the reasons for the amendment in the law have also been mentioned. It has cited the recommendations of the Justice Sachar Commission and the Joint Committee of Parliament headed by K. Rehman Khan. Since, according to the current law, the state and central government cannot interfere in Waqf properties, but after the amendment, the Waqf Board will have to get its property registered in the office of the District Magistrate so that the property can be evaluated. Revenue can be checked. The new bill will have a provision that only Muslims can create Waqf properties.
The structure of the board will be changed and the participation of women will also be ensured in it. Waqf boards in states will include women members. There will be two women in each state board and two in the central council. Till now women are not members of the Waqf Board and Council. In places where there is no Waqf Board, one can go to the tribunal. Which is not there till now. This amendment bill can be presented in the Parliament this week. There will be a change in Section 19 and 14 of the Waqf Act. This may change the structure of the Central Waqf Council and the State Waqf Board. An appeal can now be made in the High Court against the decision of the Waqf Board. This provision was not there till now.
What is the structure of Waqf Board in the country?
There is one central and 32 state Waqf boards across the country. The Union Minister for Minority Welfare is the ex-officio chairman of the Central Waqf Board. Till now, the Waqf Board has been given grants by the governments. Originally, Waqf had about 52,000 properties across the country. Till 2009, there were 3 lakh registered Waqf properties of up to 4 lakh acres. As of today, there are more than 8,72,292 registered Waqf properties spread over 8 lakh acres of land. That is, the Waqf land has doubled in just 13 years. There have been allegations that due to the amendment in the Act, the Waqf Board is behaving like a land mafia and usurping property. The actions of the Waqf Board on land ranging from private property to government land and from temple land to Gurudwaras are in controversy. In no country in the world does the Waqf Board have so many powers. Even Saudi or Oman do not have such a law. Once a land goes to Waqf, it cannot be reversed. Powerful Muslims have taken over the Waqf Board. India has the highest number of Waqf properties in the world and not even Rs 200 crore revenue is coming in. Even the central government, state government or courts cannot interfere in this. Apart from those who control the Waqf Board, others are also against this law. The Sachar Committee also said that there should be transparency in the Waqf Board. Only Muslims can use Waqf properties.
Source (PTI) (NDTV) (HINDUSTANTIMES)