The central government led by Prime Minister Narendra Modi is likely to introduce a Bill in the Parliament of India seeking to curtail power of waqf boards across the country. Reports suggest that the draft Bill will be introduced during the current session of the parliament on Monday (August 5). Introduction of the bill is likely to kickstart a new conversation around waqf boards. Waqf boards across the country are currently governed by The Waqf Act, 1995. If reports are to be believed, the government plans to make around 40 amendments to the act and wants to remove a few clauses. It is more than likely that the bill, if passed, would considerably affect the might of waqf boards.
Free Press Journal explains what the deal is about.
First things first, what is a Waqf?
A waqf is a property donated in the name of God for charity or for Islamic religious purposes. It is a permanent donation and it is considered most pious.
How is property donated as Waqf?
An owner can make a deed and donate his or her property as waqf. The waqf board in that particular state or the national waqf board takes over the property then. A non-Muslim can also donate a property as waqf but he/ she must be professing Islam and use of the donated property must be for Islamic purposes.
After the donation, a survey supervisor, appointed under The Waqf Act (1995) conducts local investigation to facilitate donation of the property as waqf. A mutavali then takes care of the waqf property as supervisor.
How many properties do waqf boards have across the country?
Right now, there are about 8.7 lakh properties spread across 9.4 lakh acres of land across the country.
History Hike: How were the waqf boards formed?
Formation of the waqf system has a connection with partition. As Indian subcontinent got divided into India and Pakistan, scores of Muslims in India chose to move to Pakistan leaving behind properties in India. These properties were given on rent to refugees who came from Pakistan. This gave rise to waqf tenants' system.
Are there any controversies about waqf boards' powers?
The Section 40 of The Waqf Act has attracted criticism. This article empowers the waqf boards to determine whether a property is a waqf or not. The decision of the board, unless modified by the tribunal, is final.
In 2022, controversy erupted after a waqf board in Tamil Nadu declared the entire village Tiruchendurai as a waqf. It is a Hindu majority village.
Have there been legal challenges to The Waqf Act?
Yes, BJP leader Ashwini Upadhyay had approached the Supreme Court and filed a PIL challenging validity of The Waqf Act.
Upadhyay said that there wasn't any such law for Hindus, Buddhists, Jains, Sikhs, Jews, Christians and Parsis. He claimed that the act was against the secular nature of the country and also against its unity.
"The Waqf is not mentioned anywhere in the Constitution. However, if the Act is enacted to secure fundamental rights guaranteed under Articles 25-26, then it must be in consonance with the Articles 14-15. The Act has no Statement of Objects and Reasons. Yet, if it is enacted under Entry-10 and Entry-28 of the List-3 of the Schedule-7, then it must be gender neutral religion-neutral. likewise, If the impugned Act has been made to protect the rights guaranteed under Articles 29-30 then it has to cover all the minorities i.e., followers of Jainism, Buddhism, Sikhism, Judaism, Bahaism, Zoroastrianism, Christianity, and not only Islam," said the petition.
The Supreme Court refused to entertain the plea filed by Upadhyay.
