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Govt Set To Bring Bill To Curb Waqf Powers; Owaisi Says Move 'Part of Hindutva Agenda'

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By ETV Bharat English Team

Published : Aug 4, 2024, 3:10 PM IST

The bill proposes to repeal a few clauses of the Waqf Act primarily aimed at reducing the arbitrary powers currently held by Waqf Boards. The claims laid by the Waqf Board often lead to disputes.

A visual of Lok Sabha during the ongoing Monsoon Session of Parliament
A visual of Lok Sabha during the ongoing Monsoon Session of Parliament (Sansad TV)

New Delhi: The Centre is likely to bring a bill soon in Parliament seeking several amendments to the Waqf Act, which may cut its powers to call any property its asset, and also ensure representation for women.

Quoting sources, news agency IANS reported that the bill approved by the Union Cabinet on Friday is likely to propose around 40 amendments to the Waqf Act. The government is planning to introduce the bill in Parliament in the coming week.

The bill proposes to repeal a few clauses of the Act primarily aimed at reducing the "arbitrary powers" currently held by Waqf Boards, they said. With this legislation, the Centre seeks to end the "autocracy" of the board.

Some of the key highlights of the bill include mandatory verification to ensure a more transparent process; Amendments to Section 9 and Section 14 to alter the composition and functioning of the Waqf Boards to ensure representation for women; Properties claimed by Waqf Boards will undergo fresh verification to resolve disputes; Magistrates may be involved in the monitoring of waqf properties.

There are around 8.7 lakh properties under Waqf Boards across the country and the total land under these properties is around 9.4 lakh acres. The Waqf Act was enacted in 1995 and regulates assets donated and notified as waqf by a wakif -- the person who dedicates a property for purposes recognised by Muslim law as pious, religious, or charitable. During the UPA-2, the Congress-led Centre gave additional powers under the Waqf Act.

Owaisi Reacts

Reacting to the likely development, AIMIM Chief Asaduddin Owaisi said BJP has been "against these boards and Waqf properties from the very beginning and they have a Hindutva agenda."

"When Parliament is in session, the central government is acting against parliamentary supremacy and privileges and informing the media and not informing Parliament. I can say that whatever has been written in the media about this proposed amendment shows that the Modi government wants to take away the autonomy of the Waqf Board and it wants to interfere... This itself is against the freedom of religion," he said while speaking to media.

"If you make amendments to the establishment and composition of the Waqf board, then there will be an administrative chaos, loss of autonomy of the Waqf board and if the control of the government increases over the Waqf Board, then the independence of Waqf will be affected. In the media report it is written that if there is any disputed property, then these people will say that the property is disputed, we will get it surveyed. The survey will be conducted by the BJP, CMs and you know what will be its result. There are many such dargahs in our India where BJP-RSS claims that they are not dargahs and mosques, so the executive is trying to snatch the power of the judiciary," he said.

No Need For Any Amendments: AIMPLB Member

Reacting to it, All India Muslim Personal Law Board (AIMPLB), member, Maulana Khalid Rasheed Farangi Mahali said: "Our ancestors have donated a large part of their property and they have made it a Waqf under Islamic law. So as far as the Waqf law is concerned, it is important that the property should be used only for charitable purposes for which the Waqf has been done."

"And it is a law that once a property is made a Waqf it cannot be sold or transferred. As far as the management of properties is concerned, we already have the Waqf Act 1995 and then some amendments were made in 2013 and currently, we do not feel that there is any need to make any kind of amendment to this Waqf Act and if the government feels that there is any need, then the government should consult and take the opinion of the stakeholders before making any amendment. Everyone should keep in mind that about 60% to 70% of the waqf properties are in the form of mosques, dargahs and graveyards," he added.

New Delhi: The Centre is likely to bring a bill soon in Parliament seeking several amendments to the Waqf Act, which may cut its powers to call any property its asset, and also ensure representation for women.

Quoting sources, news agency IANS reported that the bill approved by the Union Cabinet on Friday is likely to propose around 40 amendments to the Waqf Act. The government is planning to introduce the bill in Parliament in the coming week.

The bill proposes to repeal a few clauses of the Act primarily aimed at reducing the "arbitrary powers" currently held by Waqf Boards, they said. With this legislation, the Centre seeks to end the "autocracy" of the board.

Some of the key highlights of the bill include mandatory verification to ensure a more transparent process; Amendments to Section 9 and Section 14 to alter the composition and functioning of the Waqf Boards to ensure representation for women; Properties claimed by Waqf Boards will undergo fresh verification to resolve disputes; Magistrates may be involved in the monitoring of waqf properties.

There are around 8.7 lakh properties under Waqf Boards across the country and the total land under these properties is around 9.4 lakh acres. The Waqf Act was enacted in 1995 and regulates assets donated and notified as waqf by a wakif -- the person who dedicates a property for purposes recognised by Muslim law as pious, religious, or charitable. During the UPA-2, the Congress-led Centre gave additional powers under the Waqf Act.

Owaisi Reacts

Reacting to the likely development, AIMIM Chief Asaduddin Owaisi said BJP has been "against these boards and Waqf properties from the very beginning and they have a Hindutva agenda."

"When Parliament is in session, the central government is acting against parliamentary supremacy and privileges and informing the media and not informing Parliament. I can say that whatever has been written in the media about this proposed amendment shows that the Modi government wants to take away the autonomy of the Waqf Board and it wants to interfere... This itself is against the freedom of religion," he said while speaking to media.

"If you make amendments to the establishment and composition of the Waqf board, then there will be an administrative chaos, loss of autonomy of the Waqf board and if the control of the government increases over the Waqf Board, then the independence of Waqf will be affected. In the media report it is written that if there is any disputed property, then these people will say that the property is disputed, we will get it surveyed. The survey will be conducted by the BJP, CMs and you know what will be its result. There are many such dargahs in our India where BJP-RSS claims that they are not dargahs and mosques, so the executive is trying to snatch the power of the judiciary," he said.

No Need For Any Amendments: AIMPLB Member

Reacting to it, All India Muslim Personal Law Board (AIMPLB), member, Maulana Khalid Rasheed Farangi Mahali said: "Our ancestors have donated a large part of their property and they have made it a Waqf under Islamic law. So as far as the Waqf law is concerned, it is important that the property should be used only for charitable purposes for which the Waqf has been done."

"And it is a law that once a property is made a Waqf it cannot be sold or transferred. As far as the management of properties is concerned, we already have the Waqf Act 1995 and then some amendments were made in 2013 and currently, we do not feel that there is any need to make any kind of amendment to this Waqf Act and if the government feels that there is any need, then the government should consult and take the opinion of the stakeholders before making any amendment. Everyone should keep in mind that about 60% to 70% of the waqf properties are in the form of mosques, dargahs and graveyards," he added.

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