PrintFriendly
On The Waqf (Amendment) Bill, 2024 in Lok Sabha
Union Minister for Parliamentary & Minority Affairs, Shri Kiren Rijiju, introduced the Waqf (Amendment) Bill, 2024, and expressed his confidence that all members would support the Bill once they were fully informed about it. He emphasized that the Bill respects constitutional freedoms and does not infringe on the religious rights guaranteed under Articles 25 to 30 of the Constitution. Following is the highlights of Union Minister Shri Kiren Rijiju’s address in the Lok Sabha on August 8, 2024 :
The Union Minister Shri Kiren Rijiju highlighted that the primary goal of the Bill is to provide opportunities and empowerment for women, children, and marginalized individuals within Muslim society, addressing systemic issues within the current framework. He noted that the Waqf Act of 1995 had proven ineffective in achieving its intended goals and had numerous shortcomings that this new Bill seeks to address.
According to the 1976 Waqf Inquiry Report, the Waqf Board was dominated by Mutawallis, which necessitated disciplinary measures, and the establishment of a tribunal system was recommended to streamline and resolve litigation issues. The Report also called for improvements in the auditing and accounting practices of the Waqf Board and better management of Waqf-Alal-Aulad (waqf given to children).
The Hon’ble Minister stated that there are approximately 872,320 Waqf properties, with their actual market value likely being much higher than current estimates. He referenced the Sachar Committee’s recommendation to expand the Waqf Board and include two women in both the Central Waqf Council and State Waqf Boards to improve representation.
Shri Rijiju also mentioned that the Joint Parliamentary Committee (JPC) reported that the Waqf Board suffers from inadequate infrastructure, an ineffective workforce, and insufficient funds, which hampers its functionality.
The proposed reforms include conducting a comprehensive survey of Waqf Boards across the country, improving management practices, introducing expert legal advice, and implementing full computerization and centralization of Waqf records.
He emphasized that no law can supersede the Constitution and that the Bill aims to rectify deficiencies in justice for all communities, ensuring fairness and adherence to constitutional principles. The Bill proposes removing the Law of Limitation, similar to the 1995 Waqf Act, to address long-standing issues more effectively.
He stated that extensive consultations were carried out at various levels, including with state Governments, Waqf Board officials, and different Muslim communities, to ensure broad-based input before introducing the Bill. He also stated that many representations from Ahmadiyyas were recieved. These include representations from the Karnataka, Kerala, Telangana and Tamil Nadu.
The Minister also informed the House that the Bill addresses several notable issues and disputes involving Waqf properties, including misuse in Mumbai, controversies in Tamil Nadu, and improper declarations in Surat, reflecting widespread concerns.
The Bill will be renamed to ‘United Waqf Act Management Empowerment and Development Act, 1995,’ highlighting its revised focus and objectives. It introduces a new tribunal system with one judicial and one technical member to expedite case processing, aiming for a 90-day period for appeals and a six-month timeline for case resolution.
While concluding the speech, Shri Rijiju stated that technological advancements will be integrated to manage Waqf properties transparently and efficiently, including a centralized portal for record-keeping and account management. He also stated that the Bill ensures mandatory representation for women in the Central Waqf Council and State Waqf Boards. Representation would also be ensured for Bohras, Aga Khanis, and Backward Classes. With proceeds from Waqf properties directed towards the welfare of poor and marginalized Muslim women and children.