#WaqfAmendmentBill Update: The Waqf (Amendment) Bill had proposed 44 changes to laws regulating central and state Waqf boards, which manage Muslim charitable properties in India.
The Union Cabinet has approved changes to the controversial Waqf (Amendment) Bill, sources told NDTV Thursday morning. The Cabinet accepted 14 of the 23 changes proposed by a joint parliamentary committee – to which the bill had been referred in August – in a meeting last week.
The amended bill will now likely be tabled when the House reconvenes on March 10.
The JPC presented its report on February 13, in which too there was controversy after opposition MPs on the panel said sections of their dissent notes had vanished from the submitted document.
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Key Changes in the Waqf Bill
The Waqf (Amendment) Bill introduced 44 changes to the rules governing central and state Waqf boards, which manage Muslim charitable properties in India. Here are some of the significant proposals:
Board Composition:
- Nomination of non-Muslims and at least two women members to every Waqf Board.
- Inclusion of a Union Minister, three MPs, and four people of ‘national repute’ in the central Waqf Council.
Donation Restrictions:
- Limiting donations to those from Muslims who have been practicing for at least five years, sparks a debate over the term ‘practicing Muslim’.
Property Determination:
- An officer nominated by the concerned state will determine if a property is ‘waqf’, instead of the District Collector as in the original draft.
Land Claims:
- The Waqf Council will not have the authority to claim land under the new rules.
These changes have led to significant opposition and protests, particularly regarding the inclusion of non-Muslim members and the restriction on donations.
Waqf Board Properties and the Waqf Bill
Properties Controlled by Waqf Board
- Total Properties: Waqf Boards currently control 8.7 lakh properties spanning 9.4 lakh acres across India.
- Estimated Value: The properties are valued at approximately 1.2 lakh crores.
- Largest Holding: India has the largest waqf holding in the world.
- Landowner Status: Waqf Board is the largest landowner in India after the Armed Forces and the Indian Railways.
What is the Waqf Bill?
The Waqf (Amendment) Bill proposes a comprehensive overhaul of the governance of Waqf boards, which manage properties donated for religious and charitable purposes by the Muslim community.
Key Provisions of the Bill:
Board Composition:
- Inclusion of at least two non-Muslim members on state Waqf boards.
Property Arbitration:
- Arbitration by a government official to decide whether a property is Waqf property or not.
Final Report:
- Following deliberations, a final report of the Joint Parliamentary Committee (JPC) was presented to Lok Sabha Speaker Om Birla on January 30.
Amendments:
- The amended revised bill was adopted by the panel on January 29, with 14 amendments proposed by the ruling NDA members approved and the changes suggested by the opposition MPs rejected.
Initially expected to be tabled during the Winter Session in November 2024, the bill was referred to the JPC for detailed examination.
Government vs Opposition on Waqf Bill:
- Support: Sources indicated that the bill aims to empower Muslim women and children who had “suffered” under the old law.
- Criticism: Critics, including opposition leaders like the Congress’ KC Venugopal, argue that it constitutes a “direct attack on freedom of religion”.
- Constitutional Concerns: AIMIM chief Asaduddin Owaisi and the DMK’s Kanimozhi have spoken out against the bill, arguing that it violates multiple sections of the Constitution, including:
- Article 15: The right to practice a religion of one’s choice.
- Article 30: The right of minority communities to establish and administer their educational institutions.
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