Waqf Amendment Bill 2024 : A Bold Move or a Legal Dilemma?

Introduction: Why Should We Care About the Waqf Amendment Bill 2024?

Have you ever wondered what happens to properties dedicated to religious and charitable purposes? Who manages them, and how transparent is the system? When I first delved into the world of Waqf properties, I was amazed by their vast history and significance. However, as I explored further, I encountered troubling stories of mismanagement, encroachments, and unresolved disputes that spanned generations.

Now, with the Waqf (Amendment) Bill 2024 on the horizon, a crucial question arises—does this bill offer a solution to long-standing issues, or does it pose new challenges that could alter the very foundation of Waqf governance in India? As I break down the bill’s provisions, the concerns raised by various stakeholders, and its broader implications, let’s uncover the truth behind this critical legislation.

What is the Waqf (Amendment) Bill 2024?

The Waqf Amendment Bill 2024, introduced in the Lok Sabha on August 8, 2024, aims to modify the Waqf Act, 1995. It proposes several major changes in the governance, ownership, and legal framework of Waqf properties. Here’s a breakdown of its key provisions

1. Restructuring of Waqf Boards: The bill mandates the inclusion of non-Muslim members in State Waqf Boardsand the Central Waqf Council. This is a departure from the earlier composition, where only Muslims managed these bodies. The government argues that this will ensure transparency and accountability, while critics believe it interferes with religious autonomy.
2. Abolition of “Waqf by User”: Historically, properties that were continuously used for religious purposes without formal documentation could be recognized as Waqf. The bill eliminates this provision, meaning that undocumented Waqf properties may now face legal uncertainty or potential reclamation by the state.
3. Government Land and Waqf Claims: If a property is found to have been government land at any point in time, its Waqf status will be annulled, and it will be transferred back to the government. This clause has sparked concerns that many Waqf properties, especially historical sites, could lose their status.
4. Transfer of Survey Authority: Previously, the Survey Commissioner was responsible for conducting surveys of Waqf properties. The bill shifts this power to the District Collector, who now has the authority to determine and update Waqf records. This has raised fears of administrative bias and governmental overreach.
5. Legal Recourse and Appeals: Earlier, decisions made by the Waqf Tribunal were considered final. The new bill allows for appeals to the High Court, enabling more legal scrutiny but also increasing the risk of prolonged litigation.
6. Eligibility for Waqf Creation: Only individuals who have been practicing Islam for at least five years will be allowed to create a Waqf. Critics argue that this provision restricts religious freedom and could exclude recent converts from making charitable endowments.

These amendments are aimed at bringing greater oversight to Waqf properties, but they have also led to widespread debate about their implications for religious and community rights.

Comparative Table: Waqf Act 1995 vs. Waqf Amendment Bill 2024

Why is the Bill Controversial?

1. The “Waqf by User” Debate

For centuries, many mosques, dargahs, and graveyards have existed under “Waqf by user,” meaning they gained Waqf status through continued religious use. The new bill removes this recognition, which could lead to property disputes and concerns over ownership rights. Critics argue that this change undermines historical religious traditions, potentially leading to legal battles over properties long considered sacred.

2. Inclusion of Non-Muslims in Waqf Governance

The amendment mandates non-Muslim members in Waqf Boards, sparking concerns over the community’s right to manage its own religious endowments. Critics argue that similar Hindu and Sikh religious boards do not face such changes, raising questions of fairness and religious autonomy. Some fear this could lead to conflicts of interest and mismanagement in Waqf governance.

3. Government Control Over Waqf Properties

Shifting Waqf property surveys from independent commissioners to District Collectors gives the government more control over Waqf properties. Many view this as a step toward greater state intervention in religious affairs, which could lead to the reclassification of Waqf lands and disputes over their rightful ownership.

4. Restricting Waqf Creation

The bill specifies that only individuals who have practiced Islam for at least five years can create a Waqf. This raises concerns about discriminatory policies and religious freedom. Some question whether placing arbitrary conditions on religious endowments aligns with constitutional principles.

5. Legal Complexities and Potential for Prolonged Litigation

Previously, Waqf Tribunal rulings were final. Now, High Courts can review their decisions, leading to potential prolonged litigation and uncertainty over Waqf property claims. While some see this as a move toward greater legal recourse, others worry that it could clog the judicial system with property disputes.

6. Concerns Over Transparency and Implementation

While the bill is framed as a measure to increase transparency, critics argue that it lacks clear implementation guidelines. There is uncertainty over how these changes will be enforced and whether they will genuinely prevent corruption or create new bureaucratic hurdles for Waqf management.

“If you’re interested in exploring the legal and developmental aspects of Waqf, check out Waqf Development and Innovation and A Treatise on Waqf Laws in India for in-depth insights.”

What the Experts and Stakeholders Say

“The reforms are necessary to ensure accountability and efficient use of Waqf properties for public welfare,” said a senior government representative.

• Government’s Justification: The Ministry of Minority Affairs argues that these amendments are necessary to curb corruption and ensure transparency.
• Opposition’s View: Opposition parties claim that this bill will “annihilate” Waqf properties and dilute Muslim control over them.
• Legal Experts: Some lawyers argue that the removal of “Waqf by User” could open the floodgates for litigation over historical properties.
• Muslim Organizations: Many believe that the bill is politically motivated and aimed at weakening minority rights.

Conclusion: A Reform or a Threat?

As I reflect on the Waqf Amendment Bill 2024, I see a complex mix of reform and controversy. While some provisions genuinely aim to improve transparency, others could disrupt centuries-old practices and invite legal chaos. The removal of “Waqf by User” alone raises serious concerns for thousands of religious sites.

The debate is far from over, and as responsible citizens, it’s crucial to stay informed, question policies, and ensure that any law passed is fair and just for all communities.

What do you think about the Waqf Amendment Bill? Does it bring necessary reforms, or does it pose a threat to minority rights? Let’s discuss!

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References

The Waqf (Amendment) Bill, 2024. (n.d.). PRS Legislative Research. https://prsindia.org/billtrack/the-waqf-amendment-bill-2024

Nair, S. K. (2025, January 29). Parliamentary Panel clears report on Waqf (Amendment) Bill; Opposition slams its provisions as ‘unconstitutional.’ The Hindu. https://www.thehindu.com/news/national/waqf-amendment-bill-jpc-meeting-on-january-29-2025/article69153578.ece

Bhaumik, A. (2025, January 30). Watch | Explained: What are the key changes proposed in the Waqf Amendment Bill? [Video]. The Hindu. https://www.thehindu.com/videos/watch-explained-what-are-the-key-changes-proposed-in-the-waqf-amendment-bill/article69159122.ece