GG News Bureau
New Delhi, 5th August. The Modi government is set to introduce major amendments to the Waqf Act, with a bill expected to be presented in Parliament next week. According to sources, the Cabinet has approved nearly 40 amendments to the Waqf Act, aiming to limit the powers of the Waqf Boards to prevent them from declaring any property as ‘Waqf property’ without verification.
The proposed amendments include mandatory confirmation of property claims made by the Waqf Boards and compulsory verification of disputed properties. The government is likely to present the amendment bill in Parliament on August 5, a date of special significance for the Modi government. On August 5, 2019, the government introduced the bill to abrogate Article 370 in Jammu and Kashmir, and on August 5, 2020, the foundation stone for the Ram Temple in Ayodhya was laid.
According to government sources, the Waqf Boards control approximately 8.7 lakh properties, which translates to around 9.4 lakh acres of land. The Congress-led UPA government amended the Waqf Act in 2013, granting more powers to the Waqf Boards.
The term ‘Waqf’ is derived from the Arabic word ‘Waqoofa,’ meaning to stand still. In Islam, Waqf refers to the dedication of property for public welfare and is a form of charitable endowment. Any adult Muslim can donate their property as Waqf, and while it is a voluntary act, it is not obligatory. Another form of charity in Islam is Zakat, which requires wealthy Muslims to donate 2.5% of their annual savings to those in need.
The history of the Waqf Act dates back to 1954 when it was passed during the Nehru government, centralizing the management of Waqf properties. Since then, the Act has undergone several amendments. The central government has taken note of the extensive jurisdiction of the Waqf Boards and the delays in surveying properties. It has also considered involving district magistrates in the supervision of Waqf properties to prevent misuse.
Currently, appeals against Waqf Board decisions can only be made in court, with no time limit for resolution, and the court’s decision is final. There is no provision for appeal in higher courts except through Public Interest Litigation (PIL).
These amendments aim to prevent the misuse of Waqf properties and ensure their proper management. It will be interesting to see how the functioning of the Waqf Boards changes following the passage of this bill.
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