The Waqf Amendment Bill, 2024, set to be introduced in the Lok Sabha on April 2, aims to reform Waqf property management and enhance efficiency, transparency, and accountability. Originally proposed in August 2024, the Bill underwent detailed scrutiny by a Joint Parliamentary Committee (JPC), which submitted its recommendations in February 2025.
Key Provisions of the Waqf Amendment Bill
- Renaming the Act: The existing Waqf Act, 1995, will be renamed as the Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995.
- Stricter Waqf Declaration Rules: Only individuals who have practiced Islam for at least five years and own the property can declare a waqf. The concept of waqf-by-user, where properties become waqf through prolonged religious use, will no longer be recognized.
- Appeals Against Waqf Tribunal Decisions: Previously, Waqf Tribunal rulings were final, but under the new law, appeals can be made to High Courts within 90 days.
- Diverse Representation in the Waqf Council: The Central Waqf Council must include two non-Muslim members, ensuring broader oversight. Among the Muslim representatives, at least two women must be included.
- Separate Waqf Boards for Minority Sects: In addition to Sunni and Shia Waqf Boards, the amendment introduces separate Waqf Boards for Aghakhani and Bohra sects, promoting better governance for minority communities.
- Increased Central Oversight: The Central Government will now oversee waqf audits, shifting the responsibility from state governments to ensure greater transparency.
Major Changes After JPC Review
- Existing Waqf-by-User Properties: Properties already registered as waqf before the Bill’s enactment will remain waqf unless challenged or government-owned.
- Higher Authority for Property Disputes: Instead of district collectors, a higher-ranking official will decide on waqf ownership disputes.
- Extended Timeframe for Legal Claims: Courts may allow waqf enforcement petitions beyond the six-month deadline if there is justifiable reasoning.
- Tribunal Structure Maintained: The three-member Waqf Tribunal structure will continue, with a former or current district judge serving as chairman.
Impact and Way Forward
The Waqf Amendment Bill, 2024, signals a major shift in Waqf governance, introducing tighter regulations, inclusive representation, and expanded oversight to prevent property misuse and inefficiencies. As the Parliamentary debate unfolds, these proposed changes will shape the future of Waqf property management in India.
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