Waqf properties are meant for the welfare of the community, be it for education, healthcare, or religious purposes. However, cases of land grabbing, fraudulent claims, and misuse by politically connected Muslim individuals have raised concerns among common, poor Muslims, particulary women. Instead of serving the poor, these properties have often been used for private benefits. Though amendments in Waqf had been done a number of times but they had failed to address the concerns of common Muslims.

The new Waqf Amendment 2024 Bill seeks to ensure that Waqf properties are protected and used as intended. The new Bill is a significant legislative step aimed at addressing the longstanding issues of mismanagement, corruption, and encroachment in Waqf properties. The proposed amendments focus on enhancing transparency, ensuring legal ownership, and establishing a robust mechanism for accountability and governance within the Waqf Boards. One of the primary concerns in Waqf property management has been the lack of proper identification and digitization.

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The Bill facilitates the effective implementation of Sections 54 and 55, which deal with the prevention of encroachments. To ensure the protection of Waqf properties, it mandates the identification and digitization of all such assets, along with expeditious disposal of litigation related to disputed properties. This digital record-keeping will curb unauthorized claims and fraudulent transactions, ensuring that Waqf assets are used for their intended charitable and religious purposes.

The existing definition of Waqf, as revised in 2013, allowed any person to dedicate property as Waqf, leading to numerous fraudulent claims. The Amendment Bill restores the pre-2013 position by requiring that only a person of Islamic faith who is the legal owner of the property can dedicate it as Waqf with an addition that he must have been practicing Islam for at least five years. This measure will prevent dubious dedications and ensure that only genuine religious endowments are recognized. Ownership verification is a critical aspect of the reforms. The proposed Section 3A mandates that no person can create a Waqf unless they are the lawful owner of the property.

This provision will eliminate cases where properties were falsely claimed as Waqf despite the original owner lacking legal title. Another key reform is the removal of the “Waqf by user” provision, which previously allowed properties to be designated as Waqf based on long-term usage. This provision had led to several cases where properties, including government-owned assets, were wrongly classified as Waqf. Under the Amendment, only properties with a formal Waqf deed will be recognized as Waqf, preventing unauthorized claims. However, existing registered Waqf properties under “Waqf by user” will be protected unless they are in dispute or government-owned, striking a balance between community interests and public property rights.

To prevent wrongful appropriation of properties by Waqf Boards, the Bill explicitly states that trusts established by Muslims for purposes similar to Waqf but regulated under other statutory provisions will not be treated as Waqf properties. This clarification will prevent undue interference by Waqf Boards in the administration of independent Muslim charitable trusts. The Bill also addresses administrative inefficiencies within Waqf Boards. A major issue has been the failure to digitize records and upload them on the WAMSI portal.

The Amendment mandates that all Waqf properties be registered online within six months, ensuring greater transparency and ease of access. Another pressing concern has been the wrongful declaration of government properties as Waqf, as seen in the cases of 123 Waqf properties in Delhi and disputes involving the Surat Municipal Corporation. To counter this, Section 3C provides that any government property previously or currently declared as Waqf shall not be considered Waqf unless verified by a designated officer. This officer, appointed by the State Government, will conduct an inquiry and ensure that government assets are protected.

The Bill also proposes transferring the responsibility of pending Waqf surveys to the jurisdiction of the Collector, who will follow state revenue laws to complete the process. This reform will ensure that Waqf property surveys are conducted more efficiently and without bias. State Waqf Boards have been criticized for their lack of accountability, misuse of power, and collusion with external parties. To address these issues, the Bill mandates that State Waqf Boards hold monthly meetings, ensuring regular oversight and decision-making. Additionally, any application for Waqf registration will be forwarded to the Collector for verification, ensuring fairness in the process and preventing arbitrary decisions by Waqf Boards.

Further, the Bill rationalizes the exclusive power of Waqf Boards to declare any property as Waqf by omitting Section 40, which previously allowed such declarations without thorough scrutiny. To enhance the integrity of Waqf management, new provisions introduce stricter disqualification criteria for Mutawallis (custodians of Waqf properties) involved in malpractices. To provide better legal recourse for stakeholders, the Bill includes an appellate mechanism under Section 83(9), ensuring that tribunal decisions can be challenged, thereby strengthening judicial remedies.

Moreover, the applicability of the Limitation Act to Waqf disputes will prevent indefinite litigation, fostering timely resolution of conflicts. Finally, the Bill proposes the removal of Section 108A, which previously granted overriding authority over other laws. This ensures a more uniform and legally sound approach to Waqf governance.

Overall, the Waqf Amendment Bill, 2024, introduces much-needed reforms to curb corruption, prevent unauthorized claims, and ensure efficient management of Waqf properties. By emphasizing transparency, legal ownership verification, and administrative accountability, the Bill seeks to restore the credibility of Waqf Boards while protecting the interests of both the Muslim community and the larger public.

(The writer is a senior journalist.)