• Prime Minister Narendra Modi hailed the passage of the Waqf (Amendment) Bill and the Mussalman Wakf (Repeal) Bill by both Houses of Parliament. 

• He said it is a watershed moment in the collective quest for socio-economic justice, transparency and inclusive growth.

• The Rajya Sabha cleared the legislation after an intense 12-hour debate, with 128 members voting in favour and 95 opposing on April 4. 

• Earlier, the Lok Sabha had cleared it with the support of 288 members, while 232 voted against it.

• The Opposition has said that it will challenge in the Supreme Court the constitutionality of the Bill that has been passed in Parliament.

What is the meaning of ‘Waqf’?

• A ‘waqf’ is a permanent dedication of movable or immovable property for purposes recognised by Muslim law as pious, religious, or charitable. Any other use or sale of the property is prohibited. 

• Waqf means that the ownership of the property is now taken away from the person making Waqf and transferred and detained by Allah. ‘Waqif’ is a person who creates a waqf for the beneficiary. 

• As waqf properties are bestowed upon Allah, in the absence of a physically tangible entity, a ‘mutawalli’ is appointed by the waqif, or by a competent authority, to manage or administer a waqf. 

• Once designated as waqf, the ownership is transferred from the person making the waqf (waqif) to Allah, making it irrevocable.

Why the govt brings in amendments?

The Waqf (Amendment) Bill aims to address issues such as:

i) Lack of transparency in waqf property management.

ii) Incomplete surveys and mutation of waqf land records.

iii) Insufficient provisions for women’s inheritance rights.

iv) Large number of prolonged litigations including encroachment. In 2013, there were 10,381 pending cases which have now increased to 21,618 cases.

v) Irrational power of the Waqf Boards in declaring any property as waqf land based on their own inquiry.

vi) Large number of disputes related to government land declared as waqf.

vii) Lack of proper accounting and auditing of waqf properties.

viii) Inadequate representation of stakeholders in Central Waqf Council and State Waqf Boards.

• The Waqf Act, 1995 will be renamed to Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995, to reflect its broader objective of improving the management and efficiency of Waqf boards and properties, emphasising empowerment and development along with effective administration.

• The new legislation aims to reform the management of waqf properties across India by introducing measures to enhance transparency, improve governance, and protect stakeholders’ rights.

• Key provisions include streamlining coordination between Waqf Boards and local authorities, safeguarding heritage sites, and specifically addressing the welfare of vulnerable Muslim women including widows and divorcees.

• These legislative changes aim to modernise the administration of waqf properties in India.

(The author is a trainer for Civil Services aspirants.)