Waqf Amendment Bill 2024 - Need of nation

 A good number of liberal, secular and democratic Indians by and large accept as right the basic spirit and contents of the Waqf Amendment Bill 2024. It is in tune with the spirit of inclusion, efficient and just management and accountable use of Waqf properties for diverse Indian Muslim groups is sharply divided while the bill replaces the word "Waqf" with the words Unified Waqf Management, Empowerment, Efficiency and Development". It makes scope for the inclusion of poor, backward, Muslim women, and non-Muslims too and consequently more inclusive.  Different clauses of the bill amending the Waqf Act of 1995 mirror the spirit and philosophy of the Constitution. 

Primarily, in a secular nation with a secular constitution, there should not be such communal acts and boards as the Waqf Act and Waqf Boards. They're not good at the unity and integrity of the nation, democracy and the constitution. They may be spreading disharmony inside the society and the country. So the Waqf Act have to be scrapped and Waqf boards ought to be disbanded. They're against the concept of secularism, equality and democracy. They'll breed separatism and communalism. They can claim the possession of any property like a land shark. So they have to be scrapped. However, the concept of Waqf is foreign, Islamic and discordant. Waqf Act is an Islamic / Sharia Act. So it should not apply to Hindus and non-Muslims and their properties like temples, ashrams, gurudwaras and other religious institutions of the Hindus and non-Muslims. Waqf act ought to no longer be applicable or claim on the government properties. No government can donate any property to the Waqf Boards. The government ought to not spend any money on non-secular institutions just like the Waqf Boards. 

Waqf properties ought to be managed and acquired by the government and be distributed to the landless people, Dalits, Tribals, Backwards and poor people of that village or town, as the case can be. There should be 50% Hindu and non-Muslim staff in Waqf Boards and Waqf Offices to offer it secular, inclusive and democratic character and reservation and quotas should provided to SCs, STs, OBCs and EWSs as with rules of the reservation and quotas.

 All the Waqf Boards should be under the control of the district collector. The decision of the district collector needs to be very final in any dispute. The claims need to be accepted via the District Collector. In case of any dispute, courts have the power to decide upon the case and not the Waqf Boards/Act. Their decisions should be final. The Waqf Board or the Mutawalli should no longer have any judicial powers to decide or listen the disputes. Government officials must be there in the Waqf Boards. Mullahs, Maulvis and other religious employees ought not to be appointed as employees and officers in the Waqf Boards. 

Judicial and survey powers should not be given to Waqf Boards and Waqf officers. Waqf Act should not apply to land possession earlier than 1995 on which date this act was created. The properties of Hindu temples and ashrams need to be returned to the Hindu temples and Ashrams. It surreptitiously conspires to encroach on the land and properties of the non-Muslims under the Sharia / Waqf Act. 

Waqf Boards should not have any survey right to the properties of temples, ashrams, Hindus and non-Muslims. The earnings of Waqf should be the earnings of the government. No special treatment to any religion is given. All need to be equal. 

 The 1995 act empowered Waqf Boards to investigate and decide if an asset is Waqf. This power doesn't match within the legal and constitutional framework of governance. This is the bitter irony that the Waqf (claimant) first declares the property belongs to it and then becomes the judge and jury on its claim. Hence, Waqf Boards have laid claim to whole villages and ancient temples throughout India which have been reported that many properties owned by railways and defence are illegally occupied by Waqf. 

 Historical monuments which are maintained and conserved by ASI are claimed by Waqf Boards. Their structures are tampered with. It's reported that in the capital Delhi alone 138 properties belonging to DDA and 108 belonging to Land & Development Office (L&DO) are illegally claimed by Waqf Boards. These reports have created conflicts and therefore need to be addressed. The bill rightfully removes the provision that gives absolute power to Waqfs to claim any property as Waqf in the name of charity and then become a judge in its purpose. 

The Amendment Bill rightly publicizes that any government properties identified as Waqf shall cease to be. In case of uncertainty, the Collector of the area will decide ownership and put up its report to the state government. In case it's deemed important the revenue records data shall be updated. 

The 1995 act empowered the appointment of a Survey Commissioner and Additional Commissioners to survey Waqf by Waqf Boards. The proposed bill rather empowers the Collectors to survey as per the state revenue laws. This amendment is needed and logical. 

The provisions of the bill which make sure: - 

i) Someone practising Islam for at least five years may also claim a waqf.

ii) Some Muslims must own the property being declared.

iii) Elimination of Waqf by users.

iv) Waqf-al-Aulad must not bring about a denial of inheritance rights to the proprietor's heirs which include ladies heirs. 

The 1995 Waqf Act provided for a Central Waqf Council to advise the Central and State governments and various Waqf Boards. This was very illogical. Though there was a provision for 2 women in the council, all participants had to be Muslims. So, it was not secular and inclusive. Considering that Waqf influences even non-Muslim communities the Bill logically stipulates that 2 members in the Central Waqf Council ought to be non-Muslims. MPs / former judges or eminent people should not necessarily be Muslims. 

The Bill nonetheless provides that representatives of Muslim establishments, scholars in Muslim Laws and Chairpersons of Waqf Boards must be Muslims. Additionally of the Muslim members, 2 must be women. The Bill empowers state governments to appoint 1 person from MPs/MLAs/MLCs/Bar Council to State Waqf Boards. They need not be Muslims. There could be as a minimum 2 non-Muslim members on the Board. The Board shall necessarily have as a minimum 1 person each from Shia/Sunni/Backward Classes/Dalits/Adivasi/Hindus/Jains/Sikhs. It should have one member each from Bohra and Agakhani communities if they have Waqf in the state. Two Muslim members should be women. That is apparent that those provisions shall make State Waqf Boards inclusive and secular. 

The 1995 act stipulates that decisions delivered by Tibunals constituted by Waqf Boards to settle any disputes are final and shall not be subject to further judicial reviews. This is very regressive. This is against all tenets of justice/Constitution and the rule of law. The Amendment Bill allows the decisions of Tribunals to be appealed against.

 The bill authorises the Central government to make laws regarding registration, publication of accounts and publication of proceedings of Waqf Boards. The Union Government shall also have the right to get the accounts of Waqf Boards audited by the CAG or any designated officer. This shall surely help in the smoother, objective, honest and corruption-free management of various Waqf properties. 

In this light, the proposed Amendment Bill is perfectly in step with the ideas of secularism, democracy, inclusiveness,  the guidelines of the constitution and accountability.