Union Cabinet Approves Revised Waqf Bill

Context

The Union Cabinet recently approved amendments to the Waqf (Amendment) Bill, 2024, paving the way for its introduction in the second half of the Budget Session of Parliament. This legislative move has sparked debates due to its significant implications for the management and regulation of Waqf properties in India.

Background of the Waqf (Amendment) Bill

• The Waqf (Amendment) Bill, 2024, was introduced in the Lok Sabha by Union Minister Kiren Rijiju in August 2024. It seeks to amend the Waqf Act of 1995, which deals with Waqf properties-charitable endowments under Islamic law. The amendments are proposed so that the management of these properties becomes modern and more efficient while recognizing age-old concerns relating to transparency and misuse.
• In August 2024, these provisions of the Bill were sent for detailed examination to a Joint Parliamentary Committee (JPC) under the chairmanship of BJP MP Jagdambika Pal. The report was presented to Parliament on January 30, 2025, and various recommendations were approved by the Cabinet on February 19, 2025. 

Key Features of the Revised Waqf Bill

Empowerment of Women and Minorities:

• Two Muslim women shall henceforth become mandatory members of State Waqf Boards and the Central Waqf Council.
• Representation from the Muslim OBC shall henceforth become mandatory on State Waqf Boards.

Streamlining Registration and Management:

• The Bill attempts to better facilitate registration of Waqf properties through use of technology.
• It aims to promote transparency and governance mechanisms to prevent the misuse of Waqf properties. 

Special Provisions for Communities:

• Separate Waqf Boards may be set up for specific communities like Aghakhani and Bohra Muslims.
• Women shall now protect under family waqfs (Waqf Alal-Aulad) their inheritance rights, ensuring equal distribution of property for all heirs.

Inclusion of Non-Muslim Members:

• At least two non-Muslim members shall be appointed to the State Waqf Boards.
• Government officers can determine whether any property comes under Waqf. 

Renaming of the Act:

• Renamed as the UMEED Bill, the proposed new name embodies the broader ideas that the Bill wishes to address.

Legislative Journey and Controversies

• Opposition Criticism: Opposition parties have strongly opposed the amendments, arguing that they undermine the autonomy of Waqf Boards and interfere in religious matters. They have labeled parts of the Bill as “unconstitutional” and an attempt to centralize control over Muslim charitable properties.
• Amendments Rejected: Of the 44 amendments proposed by various members, only 14—primarily from BJP and NDA lawmakers—were accepted. All amendments suggested by opposition MPs were rejected during clause-by-clause discussions in the JPC.
• Protests in Parliament: The JPC report was tabled amid uproar and walkouts by opposition members on February 13, 2025. Allegations were also made regarding removal of dissent notes submitted by opposition MPs without their consent.

Implications of the Revised Waqf Bill

1. Enhanced Governance: The proposed reforms aim to address inefficiencies in managing Waqf properties by introducing stricter regulations and modernized processes.
2. Empowerment of Women: By mandating female representation on Waqf Boards, the Bill promotes gender inclusivity within an otherwise male-dominated framework.
3. Potential Centralization: Critics argue that provisions allowing government officials to determine property status could lead to excessive centralization and undermine community autonomy.
4. Community-Specific Provisions: Special provisions for Aghakhani and Bohra communities reflect an effort to accommodate diversity within Muslim subgroups.

Conclusion

The revised Waqf (Amendment) Bill represents a significant step toward reforming laws governing Muslim charitable properties in India. While it seeks to enhance transparency and inclusivity, concerns over government interference highlight potential challenges in its implementation. As Parliament prepares to deliberate on this contentious legislation, its impact on minority rights and property governance will remain under close scrutiny.

Source: The Indian Express

UPSC Prelims Practice Question

Q. With reference to the Waqf Bill, consider the following statements:

1. The Waqf Bill aims to regulate and manage waqf properties in India.
2. Under the Bill, waqf properties can be sold or transferred with the approval of the central government.
3. The Bill proposes the establishment of a National Waqf Tribunal for dispute resolution.

Which of the statements given above is/are correct?

(a) 1 only
(b) 1 and 3 only
(c) 2 and 3 only
(d) 1, 2, and 3

Answer- B

Download as PDF