The Joint Committee’s report on the Waqf (Amendment) Bill, 2024, was tabled in the Rajya Sabha and Lok Sabha amid political uproar. Home Minister Amit Shah clarified that the BJP has no objections to the inclusion of dissent notes from the opposition and urged the Speaker to follow due procedures.
The bill introduces significant changes to the Waqf Act, 1995, aiming to streamline the management of Waqf properties and ensure better administration. Here are the key differences between the old and the new law:
Key Differences Between the Old and New Waqf Law
| Old Waqf Act, 1995 | Proposed Waqf (Amendment) Bill, 2024 |
|---|---|
| Section 40 empowered the Waqf Board to claim any property, with the only appeal option being the Waqf Tribunal. | The amendment allows claimants to appeal in Revenue Court, Civil Court, or High Court apart from the Tribunal. |
| The Waqf Tribunal’s decision was considered final and could not be challenged. | The new bill permits appeals in the High Court against the Tribunal’s verdict. |
| Any land with a mosque or used for Islamic purposes was automatically deemed Waqf property. | Land must be explicitly donated to Waqf to be considered Waqf property. |
| Women and non-Muslims were not allowed on the Waqf Board. | The amendment mandates the inclusion of two women and two members from other religions in the Waqf Board. |
Objectives of the Waqf (Amendment) Bill, 2024
The amendment seeks to enhance transparency and efficiency in Waqf property management by:
✔ Renaming the Act and updating Waqf definitions.
✔ Introducing better registration processes and digitization of Waqf records.
✔ Preventing illegal transfers and encroachments on Waqf land.
✔ Ensuring inclusivity in the Waqf Board’s structure.
Additionally, the Mussalman Wakf (Repeal) Bill, 2024 aims to repeal the colonial-era Mussalman Wakf Act, 1923, which has become redundant. The goal is to create uniformity and accountability under the Waqf Act, 1995, by removing outdated provisions.
The Waqf Act has seen multiple amendments in 1964, 1969, 1984, and 2013, with the latest changes focusing on preventing illegal transfers and streamlining administrative processes. With the 2024 amendment, the government aims to modernize Waqf governance while addressing long-standing concerns about property disputes and inclusivity.
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