Bill to overhaul Waqf Act likely today in Parliament: 5 proposed changes

The draft Bill seeks to omit Section 40 of the Waqf Act, which is linked to the powers of the Board to decide if a property is Waqf property

A Bill to amend the law governing Waqf boards may be introduced in the Lok Sabha on Wednesday amid the ongoing Monsoon session of Parliament. Some sweeping changes have been proposed to the existing Waqf Act, 1995, including its name change and the inclusion of women and non-Muslims in the body.

The Act was brought to regulate ‘Auqaf’ (assets donated and notified as Waqf) by a wakif (the person who dedicates a property for any purpose recognised by Muslim law as religious or charitable. It was last amended in 2013.

Five sweeping changes that will overhaul the Waqf Act, 1995:

1) If passed, the Waqf Act, 1995 will be renamed as the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995.

2) According to its statement of objects and reasons as seen by news agency PTI, the Bill seeks to omit Section 40 of the current law. This section is linked to the powers of the Board to decide if a property is Waqf property, a subject that has remained the centre of much controversy lately.

3) In the amended law, there is a provision for the Central Waqf Council and the State Waqf Boards to include a broad-based composition, ensuring the representation of Muslim women and non-Muslims.

4) There is also a provision for the establishment of a separate Board of Auqaf for the Boharas and Aghakhanis. These are two sects within the Ismailis belief system in Islam. The draft law aims to ensure representation of Shias, Sunnis, Bohras, Agakhanis and other backward classes among Muslim communities.

5) In the amended bill, any ambiguities surrounding ‘Wafq’ have been removed by defining “Waqf as Waqf by any person practising Islam for at least five years and having ownership of such property”. The draft bill also details the process for mutation, in accordance with revenue laws, before recording any property as Waqf property.

[With PTI inputs]