The Waqf (Amendment) Bill, 2024: Key Controversies and Criticisms
The Waqf (Amendment) Bill, 2024 has sparked significant debate and criticism across India, with various organizations, political parties, and community leaders expressing their concerns. Here are the main points of contention associated with the Bill:
Representation in Waqf Boards
- The Bill proposes the appointment of a non-Muslim Chief Executive Officer and at least two non-Muslim members to state waqf boards.
- A Joint Parliamentary Committee (JPC) amendment requires appointees to be at least at the Joint Secretary-level with knowledge of Muslim law and jurisprudence.
- Critics argue that waqf boards being religious in nature should not have non-Muslim members.
Government Powers Over Disputed Properties
- The Bill grants state government officers the power to determine if a disputed property is waqf or government-owned, a task previously handled by the Waqf Tribunal.
- Concerns arise that state officers may favor government claims in disputes.
Elimination of 'Waqf by User'
- The Bill removes the concept of "waqf by user," which recognized properties as waqf based on long-term religious or charitable use without formal documentation.
- This change could lead to disputes over properties lacking a valid waqfnama, like mosques and graveyards.
Waqf Database Registration
- The Bill mandates a central database registration of all waqf properties within six months of enactment.
- Failure to register could result in losing the right to pursue court action on waqf land disputes.
- The Waqf Tribunal holds discretionary power to extend registration timeframes.
Appeals Against Tribunal Decisions
- The Bill changes the formation of the Waqf Tribunal to include a District Judge and a Joint Secretary rank state officer.
- It removes the finality of Tribunal decisions, allowing appeals in the High Court.
