Parliamentary Affairs Minister Kiren Rijiju has introduced the controversial Waqf Amendment Bill in the Lok Sabha. The tabling sparked an eight-hour debate on the Bill, with potential for extension if needed. The Bill aims to amend the Waqf Act of 1995 to address the regulation of Waqf properties and was first introduced in the Lok Sabha in August 2024. Waqf refers to properties dedicated exclusively to religious or charitable purposes under Islamic law, including maintaining mosques and graveyards, establishing educational institutions and healthcare facilities, or providing financial aid to the poor and disabled.
Fixed Status Of Waqf Properties
The principle “Once a Waqf, always a Waqf” has led to disputes. Waqf claiming over islands in Bet Dwarka have been deemed perplexing by courts as well.
Legal Disputes And Poor Management
The Waqf Act, 1995, and its 2013 amendment have not been effective due to following problems
- Illegal occupation of Waqf land
- Mismanagement and ownership disputes
- Delays in property registration and surveys
- Large-scale litigation cases and complaints to the Ministry
No Judicial Oversight
Decisions by Waqf Tribunals cannot be challenged in higher courts. Hence, this reduces transparency and accountability in Waqf management.
Misuse Of Waqf Laws
- Some State Waqf Boards have misused their powers, leading to community tensions
- Authorities have widely misused Section 40 of the Waqf Act to declare private properties as Waqf properties, leading to legal battles and unrest.
- Out of 30 States/UTs, only 8 States have provided data, revealing that they have declared 515 properties as Waqf under Section 40.
- The Waqf Act governs only one religion, while no similar law exists for others.
- A petitioner has filed a Public Interest Litigation (PIL) in the Delhi High Court, challenging the constitutional validity of the Waqf Act.
- The Delhi High Court has asked the Central Government to respond to this issue
