Source: The Hindu

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?

• Definition of Waqf:
  • Section 3(r) of Waqf (earlier Wakf) Act, 1995 defines waqf as: the permanent dedication by any person, of any movable or immovable property for any purpose recognized by the Muslim law as pious, religious or charitable and include

(i) a waqf by user but such waqf shall not cease to be a waqf by reason only of the user having ceased irrespective of the period of such cesser;

(ii) a Shamlat Patti, Shamlat Deh, Jumla Malkkan or by any other name entered in a revenue record;

(iii) “grants”, including mashrat-ul-khidmat for any purpose recognised by the Muslim law as pious, religious or charitable; and

(iv) a waqf-alal-aulad to the extent to which the property is dedicated for any purpose recognised by Muslim law as pious, religious or charitable, provided when the line of succession fails, the income of the waqf shall be spent for education, development, welfare and such other purposes as recognised by Muslim law, and “waqif” means any person making such dedication.

• Waqf Property:
  • A Waqf is personal property given by Muslims for religious, charitable, or private purposes.
  • Ownership of Waqf property is implied to be with God.
  • A Waqf can be formed through a deed, instrument, orally, or by long-term use for religious/charitable purposes.
  • Once declared as Waqf, a property's character changes permanently, it becomes non-transferable and is detained perpetually.

What is the Background of Waqf Amendment Bill, 2024?

• The Wakf Act was first passed by Parliament in 1954.
• It was later repealed, and a new Wakf Act was passed in 1995, which gave more powers to Waqf Boards.
• In 2013, the Act was further amended to grant the Waqf Board extensive powers to designate property as ‘Waqf Property’.
  • It substituted the word ‘Wakf’ for the word ‘Waqf’.
• To make further amendments in the existing Waqf Act, 1995 (earlier Wakf Act, 1995) the Waqf Amendment Bill has been introduced in the Lok Sabha by Union Minister of Minority Affairs Kiren Rijiju on 8^th August 2024.
• It faced strong criticism from opposition parties who called it "unconstitutional", "anti-minority", and "divisive".
• The government has referred the bill to a Joint Committee of Parliament for further scrutiny.

What is the Waqf Amendment Bill, 2024?

• Title and Scope:
  • The bill seeks to amend the Waqf Act, 1995 (earlier Wakf Act, 1995).
  • It aims to rename the Act as the "Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995".
  • The bill proposes comprehensive amendments to improve administration and management of waqf properties.
• Key Definitions:
  • Clause 3 clarifies definition of "waqf" as waqf by any person practicing Islam for at least five years and having ownership of property.
  • It adds definitions for "Aghakhani waqf", "Bohra waqf", "Collector", "Government Organisation", "Government property" etc.
• Governance:
  • It shifts power from Waqf Boards/Tribunals to state governments.
  • Clause 11: It allows non-Muslim CEOs and members on state Waqf Boards.
  • Proviso Clause 22: Central Government may, by order, direct the audit of any waqf at any time by an auditor appointed by the Comptroller and Auditor-General of India, or by any officer designated by the Central Government for that purpose.
• Registration and Survey:
  • It mandates creation of waqf only through execution of a waqf deed.
  • It transfers survey functions from Survey Commissioner to Collector.
  • It provides for uploading list of auqaf on central portal/database.
  • It streamlines registration process through central portal/database.
  • It mandates 90-day public notice before mutation of land records as waqf property.
• Composition of Boards:
  • It provides for broad-based composition of Central Waqf Council and State Waqf Boards.
  • It ensures representation of Muslim women and non-Muslims.
  • It allows for separate Boards for Bohras and Aghakhanis.
  • It mandates representation from Shia, Sunni, Bohra, Agakhani and other backward Muslim communities.
• Powers and Functions:
  • It omits Section 40 on the Board's power to decide if property is waqf property.
  • It reduces the annual contribution payable to the Board from 7% to 5%.
  • It mandates filing of waqf accounts on central portal.
  • It provides for publishing Board proceedings/orders.
• Tribunals and Appeals:
  • It reforms the tribunal structure to have two members.
  • It allows appeals against Tribunal orders to the High Court within 90 days.
  • It removes finality of Tribunal decisions in various sections.
• Other Key Changes:
  • It ensures waqf-alal-aulad does not deny inheritance rights to women.
  • It omits provisions related to "waqf by user".
  • It provides for removal of mutawalli if member of unlawful association.
  • It makes the Limitation Act, 1963 applicable by omitting Section 107.

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

• Sardar Syedna Taher Saifuddin Saheb v. State of Bombay (1962):
  • The Supreme Court of India, in its judgments, has established that while matters of religion are generally beyond State interference, this freedom is not absolute.
  • The State can regulate or restrict religious practices if they conflict with public order, morality, or health.
  • This means that religious freedoms are protected, but they can be curtailed if they threaten societal well-being, public peace, or ethical standards.
• Bramchari Sidheswar Bhai & Ors. v. State of West Bengal (1995):
  • The Supreme Court of India ruled the state must not interfere with religious matters, particularly those of religious denominations, as long as their practices do not conflict with public order, morality, or health.
  • The court recognized the Ramakrishna Mission as a religious denomination within Hinduism, granting it the autonomy to manage its religious and educational institutions.