The Waqf (Amendment) Bill 2024 received Lok Sabha approval which marked an essential step in Indian Waqf property governance and administration. Through this bill the government plans to reform Waqf asset governance by establishing better transparency and achieving efficiency and conflict management systems. But the amendments proposed have also led to controversy, with critics contending that they attack the independence of Waqf institutions and Muslim control over religious endowments.

Waqf, the Islamic property endowment for the benefit of religion or the general welfare, has been a part of India's socio-religious fabric for centuries. Waqf emerged during early Islamic times when individuals dedicated their properties for the benefit of society to permanently maintain their assets for religious instruction and social service purposes.
During Mughal times Waqf institutions experienced unmatched growth because several mosques and Islamic institutions and hospitals alongside other welfare establishments received multiple donations from Mughal rulers together with nobles and wealthy donors. Religious activities along with educational establishments and care for the poor segments of society found essential support through these properties during that time. As time went by the management flaws and external land grabbers transformed into major troubles leading to significant conflicts in Waqf land control.
During British colonial times, Waqf properties became a legal issue under colonial rule, and the British administration had to enact legislation for regulating Waqf management. The Mussalman Wakf Validating Acts of 1913 and 1930 were attempts at an early legislative level to validate and regulate Waqf properties. Problems of unauthorized occupation and misappropriation of Waqf land continued even after these enactments.
Following India's independence, the state government passed the Waqf Act of 1954 to establish a legal framework for Waqf management. This was later amended in 1995 to enhance Waqf boards and enhance transparency in Waqf asset management. Although reforms addressed some problems they did not eliminate land disputes or encroachments that still persisted in Waqf administration.
The Waqf (Amendment) Bill, 2024 brings extensive new provisions which boost the administrative structure and governance system of Waqf properties within India. One of the key changes is that both the Central Waqf Council and State Waqf Boards must have a minimum of two non-Muslim members. This provision is designed to bring in outside oversight into Waqf administration without diluting the overall Muslim majority membership of these boards.
Under the new bill the District Collector gained authority to conduct Waqf property surveys instead of the Survey Commissioner. Through this amendment the government expects to enhance Waqf property search and registry operations thus providing better management practices. With this transfer of responsibility, the Bill aims to do away with bureaucratic red tape that has, in the past, hindered the efficiency of Waqf property surveys.
The Bill eliminates the historical "Waqf by user" principle, wherein previously properties have been considered to be Waqf according to their long term religious or philanthropic usage without documentation. The deletion of this clause provides a standardized legal approach to classify Waqf properties while leaving only documented possessions recognized as Waqf property in the system.
To make records more transparent and protect properties from unauthorized intrusion the Bill demands digitizing all Waqf records. All Waqf properties will have to be registered in a Central Digital Database within six months of the passage of the Bill. This move is likely to provide a more accessible and reliable record of Waqf assets, making their management more efficient and fewer instances of mismanagement or illegal claims.
One of the most significant provisions is that any government property declared as Waqf will automatically lose its character as such ( If any government property was previously labelled as Waqf, it will no longer be considered Waqf and will remain government property). This act seeks to avoid legal disputes over the ownership of public lands and ease the management of the property by clearly differentiating between government and Waqf properties. The Bill also amends the structure of State Waqf Boards by requiring that a minimum of two Muslim women and members of Other Backward Classes (OBCs) be included, in an effort to enhance greater representation in Waqf governing bodies.
Also, the Bill provides for tighter control over the leasing of Waqf properties. According to the new provisions, all lease agreements involving Waqf properties need to be approved by the government. This move is intended to avoid financial mismanagement and ensure that Waqf assets are used solely for their religious and charitable purposes. Through the implementation of these rules, the Bill seeks to tighten accountability and protect Waqf properties from abuse. These moves are specifically to ensure inclusivity and to make Waqf governance more accountable to the larger section of people.
In order to address the problem of encroachments, the bill tightens legal provisions by adding harsher punishments and giving Waqf Boards greater powers to recover illegally occupied properties. Under the previous regime, enforcement was lax, so it was impossible to evict illegal occupants. The new initiatives are aimed at giving more effective legal remedy to safeguard Waqf assets.
The amendment enhances government control over Waqf Boards by instituting stricter Financial Audits. Financial transactions received insufficient attention for monitoring before the existing laws came into effect. Transparency controls in Waqf money management and properties ensure open governance which prevents financial abuse and boosts accountability in Waqf administration.
The main criticism with the Waqf (Amendment) Bill, 2024 arises from the decision to include non-Muslim members onto Waqf boards. Religious organizations believe that adding non-Muslim members to Waqf boards threatens their independence and may lead to outside ownership of Waqf-held properties. According to the bill this measure will make Waqf management transparent but most observers detect an expansion of state control of religious endowments in this move.
Another controversial point is the delegation of decision-making powers from Waqf boards to District Collectors. Waqf boards used to have considerable autonomy in conducting Waqf property surveys and management. The amendment transfers this role to government officials, which critics believe undermines the Muslim community's hold on its religious properties. This centralization of power is viewed by some as an effort to undermine the role of Waqf institutions in their own administration. Many people strongly oppose the abolishment of "Waqf by user" provisions. They express concern about Waqf buildings from the past without documentation which could lose their traditional status leading to reclassification and potential seizure.
The Waqf (Amendment) Bill, 2024 has become controversial since its introduction because of multiple incorrect information floating around. One prevalent myth is that the government will acquire any Waqf property using the bill. Actually, the amendment mainly attempts to resolve confusion on ownership of land and against arbitrarily declaring lands under government possession as Waqf. There are no blank cheque powers afforded to the government in acquiring ongoing Waqf properties.
Another fallacy is that non-Muslims will dominate Waqf Boards. Although the Amendment does require the appointment of a minimum number of two non-Muslim members, they will continue to be outnumbered by Muslims on the board. The government's contention that this addition is meant to provide a greater layer of transparency and not alter the religious nature of Waqf management holds merit.
There is also a false impression that the bill will affect the operation of mosques and other religious establishments. But the amendments are more concerned with administrative and property-related aspects of Waqf administration, not religious practices. The bill does not interfere with the way mosques, madrasas, or other religious establishments work.
During Lok Sabha deliberations of Waqf (Amendment) Bill, 2024 both supporters and critics raised compelling arguments about the legislation. From the perspective of Bill introducer Union Minister Kiren Rijiju the proposed bill represented a method to modernize how Waqfs are managed. The bill maintains complete distance from religious matters as its main goal seeks improved administrative performance.
The present and future impact of the Waqf (Amendment) Bill, 2024 depends directly on how effectively the specified provisions get implemented. The bill's proper enforcement could bring forth streamlining Waqf administration and reduced property litigation and enhanced asset transparency. Numerous government agencies and Waqf board’s coordination and Muslim community will determine the accomplishment of these reforms.
The government may need to create mechanisms to protect historically significant Waqf properties without official documentation when dealing with oppositional matters. A framework for Waqf institutions to present historical proofs and legal positions may stop incorrect property reclassification. A meaningful participation of Waqf boards in decision-making processes continues to be essential as the government amplifies its authority to protect faith while maintaining its responsibilities.
The Waqf (Amendment) Bill of 2024 implements various reforms that seek to modernize Waqf property management along with improving administrative functions. The Waqf (Amendment) Bill seeks to address three key issues of land disputes and financial mismanagement and maintaining records but its success depends on finding the right balance between legal certainty and religious autonomy during implementation. The ongoing debate about the bill requires policymakers to convene with all parties to verify that the proposed reforms serve the benefits of Waqf institutions and the wider community.

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