WAQF Amendment Bill: The Center and the Opposition are currently in heated discussions on the controversial WAQF (Amendment) Bill in Parliament. The bill led to strict orders from party leaders and required all MPs to participate in Lok Sabha.
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In 2024, the controversial WAQF (Amendment) bill was reintroduced to parliament by the government on Wednesday. Opposition members on the committee expressed opposition to the bill in the bill. Opponents of the group all aim to reverse the proposed 44 amendments to the 1995 bill.
You are watching: Waqf Amendment Bill: Top 5 Critical Issues
Why did the government propose the WAQF Amendment Act?
WAQF (Amendment) Act No. 2024 is intended to address issues and difficulties related to monitoring and managing WAQF attributes. According to the Ministry of Ethnic Minority Affairs, the main goal of the amendment is to enhance the management and management of WAQF property in India.
By presenting modifications, including renaming the bill, modifying the definition of WAQF, simplifying the registration process, and expanding the role of technology in maintaining WAQF records, it attempts to address the weaknesses of previous ACTs and improve the effectiveness of the WAQF board.
The bill was originally introduced in a housing group led by BJP MP Jagdambika Pal in August last year. In 15-11 votes on February 27, the group approved 14 modifications proposed by members of the BJP or their NDP partners.
5 key issues raised by the opposition and government response
The opposition and government have been on a rigid stance since last year. However, the opposition raised some major concerns that made them so opposed the introduced bill.
Here are the top five main questions raised by opposition leaders:
1. Why is the bill needed?
concern:
The main argument against the WAQF Act (2025) is that there is no need to create a new law to change the way WAQF operates or manages.
The purpose of the bill is to weaken Muslim rights and undermine the basis of WAQF governance, according to Asaduddin Owaisi of Majlis-e-Ittehadul Muslimeen (AIMIM).
Government response:
According to government officials, the 1995 Act has some shortcomings in regulating WAQF property, such as ownership disputes and illegal ownership of WAQF land. As a result, the center introduced a new law.
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Another major issue, according to officials, is the lack of court oversight over WAQF administration. The WAQF court heard cases involving WAQF property and its ruling was final and could not be challenged in court.
The government insists that the bill’s requirement for a single digital listing of WAQF properties will reduce litigation and ensure transparency and effectiveness in WAQF property management.
2. Increase government interference with WAQF property
concern:
One of the main criticisms raised by opponents of the bill is that it provides the government with the power to control how WAQF property is managed and to determine whether the property is eligible for WAQF.
The WAQF Board has the right to determine whether a property is WAQF property under Section 40 of the WAQF Act. Unless the WAQF court revokes or changes the board’s decision, this will be the final decision.
The bill says collectors in the area now have the authority, and the agency was previously held by the WAQF court.
Under the Act, “any government property determined to be WAQF property shall not be deemed to be WAQF property” before or after the implementation of the Act. However, collectors (not WAQF courts) have to make this decision.
Under the bill, the disputed property will be considered government property, not WAQF property until the government makes a decision.
Government response:
According to sources, the government is making major adjustments to the alleged abuse of WAQF legislation. Government officials said Section 40 of the WAQF Act “is widely abused, declaring private property as WAQF property, causing legal struggles and turmoil.”
The Joint Parliamentary Committee recommends changes based on the TDP MP proposal. The change replaces regional collectors for state officials who resolved the dispute.
Another amendment aims to remove the idea of ”using WAQF”, which allows the property to be treated as a WAQF because it has been used as a one, even if its original ownership is not yet clear.
In the absence of a valid WAQFNAMA, the WAQF attribute becomes problematic because the bill ignores the provisions related to “User WAQF”.
3. The authoritative change of the surveyor
concern:
Under the 1995 Act, the investigative specialist selected by the state government must conduct an AUQAF (plural of WAQF) investigation. The area collector or any other official shall not be below the deputy collector rank effectively appointed by the collector and shall hold a post under the Amendment Act.
Government response:
Based on what has been learned, the government is making adjustments because the investigation is similar in many states. According to officials, the investigations in Gujarat and Uttarakhand have not yet begun, while an investigation requested in Uttar Pradesh in 2014 is still under trial.
4. Non-Muslim Members of the WAQF Board
concern:
Changes to the bill WAQF board representative is another concern.
The bill recommends allowing the state government to choose at least two non-Muslim members as the state-level WAQF board, together with the non-Muslim CEO. Opponents of the bill believe that this would violate the freedom and freedom that the community has constitutionally guaranteed.
Government response:
Government representatives believe that the inclusion of non-Muslims on the WAQF board is intended to improve openness and contribute experience without compromising community representatives.
Although the board will include non-Muslim members, they will not be a majority, according to official sources.
5. Restricted rendering
concern:
The bill would repeal Article 107 of 1995, which has attributed the 1963 Restriction Act to WAQF Holdings.
After a certain period of time, the “Restriction Law” prohibits people from filing legal lawsuits. Essentially, this clause ensures that the WAQF Board can bring a case to recover its assets from the embezzlement without being bound by the 12-year statute.
Opposition members believe that the removal of these clauses will allow persons who illegally own WAQF property for more than 12 years to claim their ownership through adverse property.
Government response:
The government has proposed this amendment to ensure that the WAQF board of directors illegally owns property in case of disputes.
Source: https://dinhtienhoang.edu.vn
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