What are the contentious amendments to the Waqf Act and what are the implications?

What are the contentious amendments to the Waqf Act and what are the implications?

Sub: Polity

Sec: Legislation In news

Context:

• The Union government on Thursday (August 8) introduced a Bill in the Lok Sabha to amend the 1995 Waqf Act (1995 Act). 

More on the news:

• The Bill proposes major changes to the Waqf Act 1995, by introducing sweeping changes in the governance and regulation of Waqfs in India.
• The proposed amendments seek to significantly reform the law by enhancing the Centre’s regulatory authority over waqf properties and, for the first time, permitting the inclusion of non-Muslim members in Waqf Boards. 

What is Waqf property?

• A Waqf is a personal property given by Muslims for a specific purpose of religious, charitable, or for private purposes.
• The concept of Waqf (endowment) was introduced in India with the advent of Muslim rule.
• The Waqf can be formed through a deed, or Instrument, or even orally. 
• Once a property is declared as Waqf, its character changes forever, and cannot be reversed.
•  While the beneficiaries of the property can be different, the ownership of the property is implied to be with God.

What is the current governance structure of Waqf?

• The Central Waqf Act, 1954 was enacted after independence to provide for the regulation of Waqfs which was ultimately replaced by the Waqf Act, 1995.
• Each waqf is managed by a mutawalli (custodian) who oversees its administration. 
• The Waqf law provides for the appointment of a survey commissioner who maintains a list of all Waqf properties by making local investigations, summoning witnesses, and requisitioning public documents.
•  A Waqf property is managed by a mutawalli (caretaker), who acts as a supervisor.

What is the waqf board?

• A Waqf Board formed under the state government works as a custodian for Waqf properties across the state.
• It administers Waqf properties and taking measures for the recovery of lost properties of any Waqf.
• A Waqf Board is headed by a chairperson, and has one or two nominees from the state government, Muslim legislators and parliamentarians.
• It sanctions any transfer of immovable property of a Waqf by way of sale, gift, mortgage, exchange, or lease. 

What is waqf tribunal?

• The Waqf Act provided for a Waqf tribunal to be constituted by the state governments to resolve disputes related to Waqf properties in India.
• According to the Section 6 of the Waqf Act 1995, the tribunal’s decision is taken as final in case of disputes regarding a property’s status as Waqf.
• The tribunal is chaired by a state judicial officer not below the rank of a District, Sessions or Civil Judge, Class I.

What are the key changes in the proposed law?

• The Bill seeks to change the name of the parent Act from the Waqf Act, 1995, to the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995.
• Under the Bill, only lawful property owners who have practised Islam for at least five years are authorised to create ‘waqf’ properties through the execution of formal deeds.
•  The responsibility of surveying waqf properties, previously managed by survey commissioners under the 1995 Act, will now be assigned to district collectors or officers of equivalent rank. 
• The Bill proposed the inclusion of non-Muslims in key waqf institutions — the Central Waqf Council, State Waqf Boards, and waqf tribunals. 
• Waqf board has been changed from a three-member body to a two-member body and the waqf tribunal will now consist of a district judge and an officer of joint secretary rank to the State government. 
• Central government will have the authority to order audits of Waqf properties by auditors appointed by the Comptroller and Auditor-General of India or designated officers.
• The Bill have removed provisions to allow a property to be considered Waqf based on oral declarations. 
  • Properties without a valid waqfnama will be treated as suspect or disputed.
• The proposed law allows courts to intervene in waqf disputes and it  removes the finality of decisions made by waqf tribunals, allowing aggrieved parties to appeal directly to the concerned High Court.
• Under the proposed law, tribunals must resolve disputes within six months, with a possible extension of an additional six months.