EMPOWERING WAQF TRUSTS
The Indian government stands poised to introduce the Waqf Amendment Bill, 2024, in the Lok Sabha, signalling a potentially transformative epoch for the administration of Waqf properties. This proposed legislation seeks to amend the Waqf Act of 1995, addressing endemic issues such as maladministration, peculation, and opacity that have long beleaguered Waqf boards. This discourse delves into the intricate aspects of the proposed amendments, their anticipated impact, and the formidable challenges they are likely to encounter.
The Waqf Act of 1995 was initially enacted to provide a juridical framework for the better administration of Waqf properties and to address matters connected therewith. Waqf, an endowment made by a Muslim for a religious, educational, or charitable cause, has historically played a pivotal role in supporting the socio-economic fabric of the Muslim ummah. However, over the decades, the efficacy of the Waqf boards has been vitiated by a myriad of issues, including bureaucratic inefficiencies, lack of accountability, and pervasive venality. The proposed Waqf Amendment Bill seeks to rectify these deep-rooted problems and ensure that Waqf properties fulfill their intended purposes more effectively.
The bill proposes substituting the term “Waqf” with “Unified Waqf Management, Empowerment, Efficiency, and Development.” This semantic shift underscores the government’s ambition to overhaul the Waqf management system comprehensively. By promoting a unified approach, the bill aims to enhance the efficiency and effectiveness of Waqf administration, ensuring that these properties are utilized optimally for the welfare of the Muslim community. A groundbreaking aspect of the proposed amendments is the inclusion of Muslim women and non-Muslims in the Central Waqf Council and State Waqf Boards. This progressive measure aims to diversify representation and ensure that the interests of all stakeholders are adequately addressed. By promoting gender equality and inclusivity, the bill seeks to dismantle the patriarchal structures that have historically dominated Waqf administration.
Recognizing the diverse needs of different Muslim sects, the bill proposes the establishment of separate boards for Bohras, Aga Khanis, and other Muslim minorities. This provision acknowledges the unique cultural and religious practices of these communities and aims to cater to their specific requirements more effectively. By doing so, the bill aspires to foster a more inclusive and equitable Waqf management system.
To enhance transparency and accountability, the bill proposes the creation of a central portal and extensive database for the registration of Waqf properties. This measure is expected to streamline the registration process, making it more accessible and efficient. A centralized database will facilitate better monitoring and management of Waqf properties, thereby reducing the scope for mismanagement and corruption.
In a bid to alleviate the financial burden on smaller Waqf properties, the bill suggests decreasing the annual contribution payable to the Waqf Board by the Mutawalli (caretaker) of each Waqf from 7% to 5% of the net annual income, provided the income exceeds INR 5,000. This reduction is intended to encourage better compliance and ensure that Waqf properties are managed more sustainably. The proposed draft seeks to omit sections 108 and 108A, which relate to the special provisions for the evacuation of Waqf properties. By removing these redundant provisions, the bill aims to streamline the legal framework governing Waqf properties and eliminate ambiguities that have historically hampered effective administration.
The proposed amendments are poised to bring about significant improvements in the management and accountability of Waqf properties. By involving women and non-Muslims in the Waqf boards, the bill aims to foster a more inclusive and transparent governance structure. This, in turn, is expected to enhance public trust and ensure that Waqf properties are managed more effectively. Waqf properties have traditionally been intended to support the welfare of the Muslim community, including single mothers, poor students, and religious institutions. The proposed reforms aim to redirect the benefits of Waqf properties to these intended beneficiaries more effectively, thereby enhancing the overall welfare of the community. By ensuring that Waqf properties are utilized for their intended purposes, the bill aspires to contribute to the socio-economic development of the Muslim community.
The bill addresses historical mismanagement and corruption in Waqf boards by introducing a centralized registration system and establishing separate boards for different sects. These measures are expected to rectify past wrongdoings and ensure that Waqf properties are managed more transparently and accountably. By doing so, the bill aims to restore public trust and confidence in the Waqf administration system.
Despite the potential benefits, the Waqf Amendment Bill is likely to face significant challenges and opposition from various quarters. Several political parties may oppose the bill due to vested interests and the potential impact on their vote banks. Historically, Waqf boards have been influenced by political interests, and any attempt to reform them is likely to face resistance. Political opposition may stem from fears that the proposed amendments could undermine existing power structures and disrupt established patronage networks. Within the Muslim community, there may be resistance to certain provisions of the bill, particularly those related to the inclusion of non-Muslims and women in the Waqf boards.
Traditionalist factions may view these changes as a threat to their influence and control over Waqf properties. Additionally, some sections of the community may perceive the establishment of separate boards for different sects as a divisive measure that could fragment the Muslim community further. The bill’s provisions may face legal challenges, particularly those related to the establishment of separate boards for different sects. Questions about the constitutionality of these provisions and their alignment with the principles of equality and non-discrimination may arise. Legal battles could potentially delay the implementation of the proposed reforms and create additional hurdles for the government.
The Waqf Amendment Bill, 2024, represents a bold and ambitious attempt to reform the management and utilization of Waqf properties in India. By addressing historical mismanagement, promoting inclusiveness, and ensuring greater transparency, the bill aims to enhance the welfare of the Muslim community. However, it is crucial for the government to navigate the political, community, and legal challenges effectively to ensure the successful implementation of these reforms.
As the bill moves through the legislative process, it will be essential to engage with all stakeholders, address their concerns, and build a consensus around the need for reform. Only through a collaborative and inclusive approach can the true potential of Waqf properties be realized, contributing to the socio-economic development of the Muslim community and the nation as a whole. The Waqf Amendment Bill, if implemented effectively, could herald a new era of transparency, accountability, and equitable management of Waqf properties, ensuring that they serve their intended purposes and contribute to the greater good of society.
(The Author is Advocate, Supreme Court of India. Feedback: [email protected])
