Waqf Board Act Overhaul: Bold Amendments Seek to Balance Accountability and Autonomy Amidst Controversy

Waqf Board Act Overhaul: Proposed Amendments Aim to Balance Accountability and Autonomy

By News 24 Media

New Delhi, August 5, 2024

In a significant move, the Indian government is considering amendments to the Waqf Act, aiming to enhance inclusivity, accountability, and transparency in the functioning of Waqf Boards. Here’s what you need to know:

Background and Motivations

The Waqf system in India manages properties donated for religious or charitable purposes by the Muslim community. These properties include mosques, graveyards, educational institutions, and other assets. However, over time, concerns have arisen regarding the lack of transparency, mismanagement, and disputes related to Waqf properties.

The proposed amendments seek to address these issues by striking a balance between autonomy and accountability. Here are the key motivations behind the legislative changes:

1. Curbing Unfettered Powers: The Waqf Boards currently wield significant authority, including the ability to declare any property as a ‘waqf asset.’ However, this unlimited power has led to controversies and allegations of misuse. The amendments aim to restrict these powers and introduce mandatory verification processes for claims.
2. Ensuring Registration and Valuation: The proposed changes will make it mandatory for Waqf Boards to register their properties with district collectors. This step aims to ensure the actual valuation of these assets and prevent unauthorized transfers or encroachments.
3. Inclusion of Women: The amendments also emphasize gender inclusivity by mandating the inclusion of women in Waqf Boards. This move seeks to diversify decision-making bodies and promote equitable representation.

Controversies and Reactions

The proposed amendments have sparked debates and reactions from various quarters:

• Political Leaders:
  • Akhilesh Yadav, Samajwadi Party chief, expressed strong opposition to the government’s move. He accused the BJP of attempting to curtail the rights of Muslim communities and interfere with their religious practices.
  • Asaduddin Owaisi, President of the All India Majlis-e-Ittehad-ul-Muslimeen (AIMIM), criticized the amendments, alleging that they undermine the autonomy of the Waqf Board. Owaisi warned that administrative chaos could ensue if the composition of Waqf Boards is altered.
• Stakeholders and Experts:
  • The All India Muslim Personal Law Board (AIMPLB) vehemently opposes any interference with the legal status and powers of the Waqf boards. They urge allies of the ruling NDA and opposition parties to reject these amendments and protect the autonomy of Waqf properties.
  • Experts argue that while accountability is crucial, any changes must not compromise the essential role of Waqf Boards in managing community assets. Striking the right balance is essential to avoid unintended consequences.

Broader Implications

The proposed amendments signal the government’s commitment to reforming the Waqf system. If implemented, they could lead to better management, increased transparency, and equitable representation. However, striking the right balance between accountability and autonomy remains a delicate task. The impact on Waqf properties and the communities they serve will be closely watched.

As the Bill heads to Parliament, the nation awaits a robust debate on the future of Waqf governance. The challenge lies in ensuring that these changes empower the community while safeguarding the integrity of these sacred assets.

Remember, this is an evolving situation, and further discussions and deliberations will shape the outcome.

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