Government to Introduce Waqf Amendment Bill in Lok Sabha Next Week

New Delhi, January 31, 2025 — The Government of India is poised to introduce the Waqf (Amendment) Bill, 2024, in the Lok Sabha next week, aiming to bring significant reforms to the existing Waqf Act of 1995. The proposed legislation seeks to enhance transparency, inclusivity, and efficiency in the management of Waqf properties across the country.

Key Provisions of the Amendment:

• Redefinition of Waqf Formation: The bill stipulates that only individuals practicing Islam for at least five years and owning the property can declare a Waqf. It proposes the removal of the “waqf by user” provision, which recognized properties as Waqf based on long-term use. Additionally, it ensures that endowments (waqf-alal-aulad) do not disinherit heirs, including female heirs.  

• Enhanced Role of District Collectors: The amendment designates district collectors as the authority to determine the status of disputed properties, deciding whether they are Waqf or government-owned. This move aims to streamline dispute resolution and update revenue records accordingly.  

• Inclusive Composition of Waqf Bodies: The bill proposes a more inclusive structure for the Central Waqf Council and State Waqf Boards by mandating the inclusion of non-Muslim members and ensuring representation from various Muslim communities, including Shias, Sunnis, Bohras, Agakhanis, and other backward classes. It also emphasizes the representation of Muslim women in these bodies.  

• Centralized Registration System: To promote transparency, the amendment introduces a centralized portal and database for the registration of Waqf properties, aiming to streamline the process and maintain comprehensive records.  

• Reformed Tribunal Structure: The bill proposes restructuring Waqf Tribunals to consist of two members and allows for appeals against Tribunal orders to be made to the High Court within a specified period of ninety days.  

Background and Legislative Journey:

The Waqf (Amendment) Bill, 2024, was initially introduced in the Lok Sabha in August 2024 and subsequently referred to a Joint Parliamentary Committee (JPC) for detailed examination. The JPC has reviewed the bill and proposed 14 key amendments to the draft legislation.  

Opposition and Criticism:

The proposed amendments have sparked debates and faced criticism from opposition parties and various organizations. Concerns have been raised regarding the inclusion of non-Muslim members in Waqf bodies, potential government interference in religious endowments, and the empowerment of district collectors in property disputes. Critics argue that these changes could undermine the autonomy of Waqf institutions and infringe upon the rights of the Muslim community.  

Government’s Stance:

The government asserts that the amendments are designed to bring about greater transparency, inclusivity, and efficiency in the management of Waqf properties. By redefining the processes and structures governing Waqf assets, the bill aims to ensure better governance and utilization of these properties for the benefit of the community.

As the bill is set to be tabled next week, it is anticipated to be a focal point of discussion in the Parliament, reflecting the broader discourse on balancing tradition with contemporary governance needs.