The Waqf Board Amendment Bill has become a focal point of debate in recent years, as the Indian government seeks to overhaul the governance of Waqf estates. With this bill, the aim is to introduce greater transparency in property transactions, enhance accountability, and modernize the administration of Waqf boards.
Before delving into the specifics of the amendment, it's essential to understand what Waqf entails. Waqf (also spelled Wakf) is an Islamic endowment of property, often set aside for charitable or religious purposes. Under Islamic law, it involves a permanent donation of movable or immovable assets for public welfare or spiritual causes. In India, Waqf properties often include graveyards, madrasas, mosques, dargahs, and other religious sites.
The amendment represents a pivotal shift, designed to address longstanding issues within Waqf management and ensure that these sacred trusts are handled with the integrity they deserve.
In India, waqf properties—charitable assets designated for religious or community purposes—are managed by a custodian known as a Mutawwali, chosen by either the original donor (waqif) or another recognized authority. These properties form a significant portion of the country's landholdings. In fact, after the Indian Railways and the Defense Department, the Waqf Board is the third-largest landholder, responsible for overseeing around 8.7 lakh assets spread over 9.4 lakh acres, valued at an astounding Rs 1.2 lakh crore.
India has 32 Waqf Boards, two of which, in Uttar Pradesh and Bihar, are managed by Shia communities. Interestingly, despite the massive extent of Waqf properties, real control rests in the hands of just about 200 individuals who dominate the state's Waqf boards.
Once a property is designated as waqf, it remains so indefinitely. This permanence has sometimes sparked contentious legal battles over land ownership, like those involving the Bengaluru Eidgah ground or the Surat Municipal Corporation building. A growing challenge in recent years has been the encroachment on waqf land. For instance, in September 2022, the Tamil Nadu Waqf Board made the audacious claim of owning the entire Thiruchendurai village, where most residents are Hindus.
In an attempt to resolve such issues and safeguard the governance of waqf properties, the Waqf Act of 1995 was enacted. However, loopholes in the legislation have allowed mismanagement and unauthorized occupation of waqf lands to continue. To rectify this, a proposed amendment, the Waqf Board Amendment Bill of 2023, aims to close these gaps, ensuring that these lands fulfill their intended charitable and religious roles while curbing financial misconduct.
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