Context: The Waqf (Amendment) Bill, 2024 has elicited widespread criticism across India.
Relevance of the Topic : Prelims: Controversy around Waqf Bill.
Controversial Clauses of Waqf Bill 2024
1. Representation of Non-Muslims on Waqf Boards:
- The 2024 Bill permits a non-Muslim Chief Executive Officer (CEO), and not less than two non-Muslim members on State Waqf Boards.
- The Joint Parliamentary Committee (JPC) revised it to necessitate that the CEO must be a Joint Secretary-level officer and conversant in Muslim law.
- According to critics, non-Muslims should not sit on waqf boards because waqf is religious.
2. Government Power over Waqf Properties:
- The 2024 Bill initially provided District Collectors with the authority to decide whether a property is of waqf or government. The JPC amended it to a higher state government official.
- Critics worry about prejudice, for a state official might decide in the government's favour.
3. Removal of “Waqf by User”:
- The 2024 Bill does away with the concept of “waqf by user”, which is a part of the 1995 law. This refers to a property treated as waqf based on its long-term use for religious or charitable purposes, even without formal documentation. Several mosques and graveyards could fall in this category.
- The removal can result in disputes over mosques, graveyards, and other waqf properties without valid waqfnama.
4. Waqf Property Database:
- The 2024 Bill required every waqf property to be registered on a central database within six months of the law’s commencement. Non-registered waqf properties cannot approach court in case of disputes or encroachment.
- The JPC permitted the Waqf Tribunal to extend the timeframe of registration in some circumstances; what these circumstances could be was left to the Tribunal’s discretion.
5. Tribunal's decisions No Longer Final:
- The Bill states that the Waqf Tribunal will comprise a District Judge, and a state government officer of Joint Secretary rank as its members.
- The Bill removed the provision that made the Tribunal’s decision final. This allows Tribunal decisions to be challenged in the High Court. This can result in long-drawn-out legal fights over waqf property disputes.