The Hindu Editorial Analysis- 2nd October 2024 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

The Waqf Bill 2024 is one that needs review 

Why in News?

The Union Minority Affairs Minister Kiren Rijiju introduced the Waqf (Amendment) Bill, 2024 that is bill no. 109 of 2024 in Lok Sabha during the ongoing monsoon session of Parliament.

What is Waqf and Waqf Property?

What is the Background of Waqf Amendment Bill, 2024?

• The Wakf Act was first introduced in Parliament in 1954.
• It was later repealed, and a new version of the Wakf Act was enacted in 1995, which provided more authority to Waqf Boards.
• In 2013, the Act was amended again to give the Waqf Board greater power to classify properties as 'Waqf Property'.
• The amendment changed the term 'Wakf' to 'Waqf'.
• To make additional changes to the current Waqf Act of 1995 (formerly known as the Wakf Act of 1995), the Waqf Amendment Bill was introduced in the Lok Sabha by Kiren Rijiju, the Union Minister of Minority Affairs, on August 8, 2024.
• This bill has faced significant criticism from opposition parties, who have labeled it as "unconstitutional", "anti-minority", and "divisive".
• The government has sent the bill to a Joint Committee of Parliament for further examination.

What is the Waqf Amendment Bill, 2024?

Title and Scope

• The bill aims to amend the Waqf Act of 1995, which is now proposed to be renamed as the "Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995."
• The primary goal of the bill is to implement comprehensive amendments that will enhance the administration and management of waqf properties.

Key Definitions

• Clause 3 clarifies the definition of "waqf" as a waqf established by any person practicing Islam for at least five years and possessing ownership of the property.
• It introduces new definitions for terms such as "Aghakhani waqf," "Bohra waqf," "Collector," "Government Organisation," "Government property," and others.

Governance

• The bill proposes a shift of power from Waqf Boards and Tribunals to state governments.
• Clause 11 allows for the inclusion of non-Muslim Chief Executive Officers (CEOs) and members on state Waqf Boards.
• Proviso Clause 22 grants the Central Government the authority to order the audit of any waqf at any time, appointing auditors from the Comptroller and Auditor-General of India or designated officers for this purpose.

Registration and Survey

• The bill mandates the creation of waqf solely through the execution of a waqf deed.
• Survey functions are transferred from the Survey Commissioner to the Collector.
• A central portal/database will be established for uploading the list of auqaf.
• The registration process is streamlined through the central portal/database.
• A 90-day public notice is required before mutating land records as waqf property.

Composition of Boards

• The bill provides for a broad-based composition of the Central Waqf Council and State Waqf Boards.
• It ensures representation of Muslim women and non-Muslims.
• Separate Boards for Bohras and Aghakhanis are allowed.
• Representation from Shia, Sunni, Bohra, Aghakani, and other backward Muslim communities is mandated.

Powers and Functions

• The bill omits Section 40, which empowered the Board to determine if a property is waqf property.
• It reduces the annual contribution payable to the Board from 7% to 5%.
• Filing of waqf accounts on the central portal is mandated.
• Provision for publishing Board proceedings and orders is included.

Tribunals and Appeals

• The tribunal structure is reformed to consist of two members.
• Appeals against Tribunal orders can be made to the High Court within 90 days.
• Finality of Tribunal decisions in various sections is removed.

Other Key Changes

• The bill ensures that waqf-alal-aulad does not infringe upon women's inheritance rights.
• Provisions related to "waqf by user" are omitted.
• It provides for the removal of mutawalli if they are a member of an unlawful association.
• The Limitation Act of 1963 is made applicable by omitting Section 107.

What are Landmark Cases Related to State Interference in Matters of Religion?

•  In the case of Sardar Syedna Taher Saifuddin Saheb v. State of Bombay (1962), the Supreme Court of India decided that while religion is usually free from government control, this freedom has limits. 
•  The government can set rules or limit religious activities if they go against public order, morality, or health. 
•  This indicates that while religious freedom is important, it can be restricted if it poses a threat to the well-being of society, public peace, or ethical norms. 
•  In the case of Bramchari Sidheswar Bhai & Ors. v. State of West Bengal (1995), the Supreme Court of India stated that the government should not interfere in religious matters, especially concerning specific religious groups, as long as their activities do not disrupt public order, morality, or health. 
•  The court acknowledged the Ramakrishna Mission as a religious group within Hinduism, allowing it the freedom to run its own religious and educational institutions.