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Waqf Amendment Bill Rules on non-Muslim members Among 14 changes

A joint parliamentary committee recently approved 14 critical alterations in the draft presented to the Lok Sabha last August on the Waqf Amendment Bill. The new proposals will be trying to make overhaul in how Muslim charitable properties, often termed as waqf properties, are administered in India. Various political parties, community leaders, and civil society reacted mixed towards the new amendments.

It elaborates on the important changes, implications, and controversies related to them.

Understanding the Waqf Amendment Bill

The Waqf Act was first enacted in 1995 and last amended in 2013. The Act governs waqf properties, which are assets dedicated by people for charitable or religious purposes in Islam. The proposed amendments look to fill in the gaps in the existing system, streamline management, and bring in greater transparency.

The amendments, however, carry contentious changes that have been both hailed and criticized by different factions.

Key Changes Introduced in the Waqf Amendment Bill

1. Mandatory Inclusion of Non-Muslim Members

Probably one of the most contentious amendments calls for the constitution of at least two non-Muslim members in waqf councils at both state and national levels. This is quite different from the nominated ex-officio members who could also be non-Muslims. This means that there would be a greater representation in the management of waqf.

2. Change in Determination of Waqf Properties

The amendment provides that the decision whether a property is or is not a waqf would be made by an officer nominated by the state government instead of the District Collector, as in the original draft. This has been criticized to result in a possibility of bias or political interference.

3. No Retroactive Application

It provides that the law does not apply retrospectively to properties already registered as waqf. The bill aims to clear up the matter but has caused a commotion as an estimated 90% of waqf properties remain unregistered.

4. Restrictions on Land Donations

This creates a new subsection where those offering their land into waqf would need to testify to the community of at least five years performing the Islamic belief. They need to give security assurance showing that there will be no “contrivance in the donation of the piece of property.”

Political Response by the Proposed Constitutional Alterations

Members of the current regime as well as members of opposition parties have issued reactions to this constitutional amendment

Ruling Party’s Support:

The ruling BJP and the allied MPs have supported the amendments, arguing they are to empower Muslim women and ensure better accountability in the administration of waqf properties.

Opposition’s Criticism

The opposition MPs, such as AIMIM leader Asaduddin Owaisi and DMK’s Kanimozhi, have criticized the changes, terming it a violation of Articles 15 and 30 of the Indian Constitution. These articles relate to religious freedom and minority rights, respectively.

They further complained that all their 44 amendments, proposed by them were not accepted by the committee.

Opposition and Criticism

Critics argue that this compulsion to include non-Muslim members and not allowing the donations of land affect the religious freedom of waqf institutions. This change can even be a challenge to the right of the community to manage its pious properties without interference.

The law has been criticized for being non-retrospective, hence leaving many waqf properties unregistered, which exposes them to disputes or even mismanagement.

Timeline and Next Steps

On 29 January 2025, the joint parliamentary committee is scheduled to decide on the amendments proposed – the 14 have been drafted; the final report is to be submitted on 31 January 2025. The last date for submission was extended from February 13, 2025, to the last date of the Budget Session.

Effects of Waqf Amendment Bill

1. Enhanced Accountability

The incorporation of non-Muslim members seeks to bring on board diverse ideas in the administration of waqf, and therefore, more accountability and transparency may be guaranteed.

2. Potential Bureaucratic Barriers

Letting state-nominated officers decide on the waqf properties may lead to bureaucratic barriers and the potentiality of political interference.

3. Muslim Women Empowerment

According to the government, these amendments will empower Muslim women because the current system allegedly marginalized them at various points.

4. Threat to Religious Autonomy

Opponents argue that the amendments would undermine the religious autonomy of the waqf institutions and are concerned about the broader implications for minority rights in India.

Broader Implications of the Bill

The Waqf Amendment Bill is reflective of some larger trends in Indian policymaking, whereby governance and representation are increasingly entwined with religious and political considerations. In the case that this bill is passed, it could have a significant reshaping of the administration of Waqf properties.

However, the bill’s success depends upon the institution of the concerns of minority groups while making sure constitutional safeguards are upheld.

Waqf Amendment Bill

FAQs

1. What is the Waqf Amendment Bill for?

The bill seeks reforms to the 1995 Waqf Act, which governs Muslim charitable properties. It suggests changes for better representation, decision-making, and accountability within Waqf councils.

2. Why is the inclusion of non-Muslim members in Waqf councils important?

Including non-Muslim members ensures diversity and broader representation in Waqf councils. It also aligns with the objective of the government: fostering inclusivity.

3. What about the classification of Waqf properties? How does the amendment address this?

The amendment shifts the responsibility of classifying properties as Waqf from the District Collector to a state-nominated officer, which might reduce bias and increase transparency.

4. Why is the bill controversial?

The critics argue that the bill infringes on constitutional rights, especially those concerning religious freedom and minority rights. They also question whether the proposed changes really address the challenges faced by the Waqf boards.

5. When will the amendments be implemented?

It has fixed January 29, 2025, as the last date for the vote on proposed amendments. This would be passed once the report is submitted by JPC on 31 January 2025, and applied later.

Conclusion

The Waqf Amendment Bill makes significant amendments to the Muslim charitable properties governing law in India. While more inclusive and open, it creates religious freedom as well as rights issues that make criticism a possibility against the bill.

Now that the debate has taken shape, its very success lies in finding an amicable solution for reform but, at the same time, safeguarding minority rights. Do tune in to watch the vote as well as the JPC report, as the future of the contentious bill may be known after that.

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