Waqf Amendment Bill: Reformative Change or Draconian Overreach After Eid?”
The Waqf Amendment Bill, 2024, set for introduction in Parliament after Eid, has sparked debate across India.
Waqf Amendment Bill: Reform or Draconian Law to be Tabled!
The Waqf Amendment Bill, 2024, set for introduction in Parliament after Eid, has sparked debate across India. Supporters contend that it aims to carry out much-needed reforms to bring the management of Waqf properties into modernity, while detractors call it an imposition that undermines the very existence of Muslim religious endowments.
The Controversial Provisions of the Proposed Amendment
If adopted, several pertinent changes to the Waqf Act of 1995 as enacted would result: 
1. Inclusion of Non-Muslim Members:
The proposed amendment alters the composition of the Central Waqf Council and State Waqf Boards, which will now also have non-Muslim members. Previously, both bodies were operated by Muslims only. Critics of this amendment are of the opinion that such an introduction is in blatant violation of the Muslim community’s constitutional rights to administer and control its religious institutions. 
2. Replacement of Survey Commissioners:
The survey commissioner would be replaced in the bill by a member of the district collectorate or a magistrate to carry out a survey of Waqf properties. This amendment will mean that the state will put Waqf lands under increased scrutiny and control, raising the question of state encroachment on Waqf lands. 
3. Restrictions on Waqf Creation:
A controversial provision restricts creation of Waqf to a person who, in the opinion of the bill, has been practicing Islam for five years. Many have criticized this provision as being arbitrary and violative of the ownership rights of non-Muslims, who are free to do whatever they want with their properties. 4. The new bill proposes to change the provisions of dispute resolution: The proposed law seeks to take away the finality of decisions of Waqf Tribunal and allow for direct appeal to the High Court. Further, it proposes that a specialist in Muslim law need not be present on Waqf Tribunal, which may interrupt redressal of Waqf-related disputes.
Arguments in Favor of the Amendment
Those in favor of the bill contend that these reforms will modernize the management of Waqf properties by:
• Enhancing Women’s Rights and Representation: The bill proposes to ensure representation of Muslim women on the Waqf boards so as to promote gender inclusion in the administration of Waqf properties.
• Ensuring Equitable Representation: The inclusion of non-Muslim members is intended to help foster transparency and accountability with respect to the functioning of Waqf institutions.
• Reducing Litigation: Aiming to minimize disputes concerning Waqf properties and to speed up processes connected with the dedication of properties is the proposed amendment regarding modifying the role of trustees (mutawallis).
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Criticisms and Concerns
There are several arguments raised against the bill, which would be considered as its main points of concern:
• Violating Religious Autonomy: Critics argue that the requirement of non-Muslim representation in Waqf Boards infringes upon the Muslim community’s constitutionally guaranteed right to manage its own religious institutions under Article 26 of the Indian Constitution.
The possibility of government overreach presents itself: Replacing trained and specialized survey commissioners with district collectors or magistrates will only increase the power of the government in Waqf property affairs and may even assist in the state appropriation of Waqf properties. 
Arbitrary restrictions: The requirement states that only those who have professed the Islamic faith for five years may create a Waqf; this, considered by some, is seen as an unjustified intrusion into personal religious practices and property rights. Breach of dispute settlement expertise: Dismissal of Muslim law-based experts would seriously impair the quality and justice of decisions made in disputes pertaining to Waqf.
Responses from Muslim Organizations
These amendments have been vehemently condemned by the AIMPLB (All India Muslim Personal Law Board) and other prominent Muslim organizations that are calling for the immediate withdrawal of the proposed amendments. These organizations feel that these amendments constitute a “conspiracy” aiming to weaken and grab Waqf properties and that hereby they see a threat to the protection of these religious endowments and a move towards total lack of transparency under the name of reform. 
The Road to Waqf (Amendment) Bill is filled with political drama as it sits on the table to be tabled after Eid. The World Bank envisages its introduction as a reform to modernize the management of Waqf properties, while the opponents see it as a law that goes against the freedom of religion and independence of Muslim institutions. Parliamentary discussions to follow are crucial in deciding whether it can strike a balance between reform and respecting religious rights or whether once again it will heighten tensions around Waqf governance in India.
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