The Waqf (Amendment) Bill of 2024

The Waqf (Amendment) Bill of 2024 represents a necessary evolution in India's governance, addressing issues rooted in colonial-era policies. This Bill aims to correct historical injustices and improve the waqf management system, making it more inclusive, transparent, and efficient.

Historical Context and Need for Amendment

• The roots of the existing waqf law date back to the British colonial period, designed to divide Indian society along religious lines.
• Post-Independence, such policies were perpetuated by the Congress party, necessitating the current amendments.
• The amendment aligns with other decisive actions like the abrogation of Article 370, criminalization of triple talaq, and the Citizenship (Amendment) Act.

Critique of the 2013 Amendment

• The 2013 amendment was criticized for appeasement politics, particularly for discriminating based on religion, which contravenes constitutional articles 14, 15, 16, and 21.
• It allowed waqfs to claim land from other communities, leading to abuse and an increase in land under waqf management by 21 lakh acres in 12 years.

Confrontation and Constitutionality

• The Joint Parliamentary Committee (JPC) has been accused of confrontational behavior, but this was largely due to isolated incidents, not its overall process.
• Claims that the amendment fails constitutionality tests are countered by court judgments stating waqf boards are statutory, secular bodies.
• Articles 25 and 26 do not provide absolute rights and allow for state regulation of secular activities related to religious practice.

Inclusion of Non-Muslim Members

• Critics argue against the inclusion of non-Muslim members, but the amendment clarifies that waqf boards are administrative bodies where Muslims will remain the majority.
• Ensuring representation of other religions is vital for equal law protection.

Issues with Waqf by User Concept

• This concept, introduced in the 2013 amendment, has been exploited, leading to vast increases in waqf land claims.
• Examples include unreasonable claims over historic sites and properties, such as entire villages and even national monuments.

Separate Boards and Segregation Concerns

• Separate boards for different Muslim sects are seen as beneficial for administration and community trust.
• Current discussions include establishing separate Sunni and Shia boards, with limited existing implementation in states like UP and Bihar.

Application of the Limitation Act

• The amendment proposes applying the Limitation Act to prevent undue litigation by waqf boards, aiding in evidence preservation.
• This change counters the Congress-led removal of limitation applicability, which increased litigation.

Overall, the Waqf (Amendment) Bill of 2024 focuses on improving the secular and economic functions of waqf boards, aligning with constitutional norms and addressing historical and systemic issues.