Introduction
The Union Cabinet has approved all 14 amendments to the Waqf (Amendment) Bill, 2024, as proposed by the Joint Parliamentary Committee (JPC). These changes modify key provisions of the original bill introduced in August 2023, which aimed to amend the Waqf Act of 1995. The bill focuses on important issues related to waqf property management, registration, and dispute resolution in India.
How the Waqf Amendment Bill Alters the Dispute Resolution Mechanism
A controversial feature of the original bill was the expanded role of District Collectors in determining whether properties claimed as waqf were actually government properties. The Waqf Amendment bill suggested that any property declared as waqf would not be treated as waqf if it was deemed government property, with the District Collector making this decision instead of the Waqf Tribunal. Critics were concerned about a conflict of interest since a government official would be involved in disputes between the government and waqf boards.
Additionally, the original bill proposed that, until a final decision was made, disputed properties would be assumed to be government properties, not waqf properties. However, after amendments, the process was adjusted:
- The role of the District Collector has been replaced by a more senior, “designated officer” from the state government to oversee dispute resolution.
- The designated officer is now responsible for making changes to revenue records if a property is confirmed as government property.
Modifications to the Property Registration Timeline
The original Waqf Amendment bill required waqf properties to be registered on a central portal within six months of the law’s enactment. This strict deadline posed challenges, especially for historical properties with complex documentation. To address these challenges, the JPC introduced flexibility:
- The Waqf Tribunal can extend the six-month deadline if the property manager (mutawalli) shows a valid reason for the delay.
- The amendment allows for more time to register properties, considering the practical difficulties involved with older waqf properties.
However, the Waqf Amendment bill does not define what qualifies as a “sufficient cause” for delay or the maximum extension allowed. Additionally, a related amendment by BJP MP Dr. Radha Mohan Das Agarwal allows waqfs to file legal cases even if they miss the registration deadline, as long as they submit an affidavit explaining the delay.
Changes to Waqf Board Composition
The original Waqf Amendment bill suggested a significant change to the composition of state-level waqf boards, allowing for the appointment of non-Muslim members, including a non-Muslim Chief Executive Officer. This proposal sparked concerns about the religious integrity of waqf institutions. To address this, the JPC made the following amendments:
- The state government-appointed official must be a Joint Secretary-level officer with experience in waqf matters.
- The Waqf Tribunal must include a member with knowledge of Muslim law and jurisprudence, ensuring that decisions are made with proper legal understanding.
While the Waqf Amendment bill still includes provisions for non-Muslim representation on waqf boards, the addition of an expert in Islamic law on the Tribunal seeks to balance transparency and religious considerations.
Implications for Government-Waqf Property Disputes
Although the Waqf amendment bill improve certain processes, some significant issues remain:
- Burden of Proof: Properties claimed by both the government and waqf boards are presumed to be government properties until a final determination is made, placing the burden of proof on waqf institutions.
- Resolution Timeline: There are no clear timelines for how quickly the “designated officer” must resolve disputes, which could lead to uncertainty.
- Appeals Process: While the Waqf Tribunal can still review decisions, the process for appealing decisions made by the designated officer remains unclear.
- Revenue Record Modifications: The designated officer has the power to change revenue records, which could lead to administrative difficulties, even if the property’s status is later disputed.
- Historical Claims: The bill’s provisions could affect waqf properties with long-standing historical claims, especially those with documentation predating current records.
Conclusion
The amendments to the Waqf (Amendment) Bill, 2024 address several concerns raised by critics of the original bill. While offering more flexibility in registration timelines and replacing the District Collector with a senior officer, the Waqf Amendment bill still maintains significant government oversight of waqf properties. The true impact of these changes will depend on how the new provisions are implemented and how authorities exercise their decision-making powers.
