The Waqf (Modification) Invoice, 2024, aimed toward amending the Wakf Act, 1995 – a legislation governing Waqf boards to make sure extra accountability and transparency of their functioning and necessary inclusion of girls in these our bodies, has drawn the ire of the Muslim group.
Beneath assault by the opposition events, it has been referred to a joint parliamentary committee (JPC) for scrutiny after the federal government obtained the help of ‘secular’ constituents of NDA — the TDP and JD(U) – within the Lok Sabha.
HT examines the Waqf Modification Invoice, how a lot property do the Waqf boards personal, the litigation and controversy surrounding the boards’ land and properties and their function within the improvement of India’s Muslim group.
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What’s Waqf?
Waqf is a everlasting dedication of movable or immovable properties for non secular, pious or charitable functions as recognised by Muslim Legislation.
What’s the Waqf Act, 1995?
As per this act, Waqf is “the everlasting dedication of movable or immovable property for the needs enshrined in Islam as pious, non secular, or charitable.”
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What are Waqf properties?
Waqf properties are donated by followers of Islam and are managed by members of the group. Every state has a Waqf Board, which is a authorized entity that may purchase, maintain, and switch property. Waqf properties can’t be offered or leased completely.
How a lot land does the Waqf Board in India management?
It controls and manages 9.4 lakh acres of land throughout 8.7 lakh properties, with an estimated worth of ₹1.2 lakh crore. This makes the Waqf Board the third largest landowner in India, after the Indian Railways and the armed forces.
Why is the BJP authorities amending Waqf legislation?
The Invoice to amend the Wakf Act, 1995, will make it necessary for Waqf boards to register their properties with district collectors to make sure their precise valuation. At the moment, nearly all of the waqf board members are elected, however as soon as the brand new Invoice turns into legislation, all of the members will likely be nominated by the federal government.
There’s apprehension that this provision will make sure that these in energy might have complete management of the board. As per the brand new invoice, even a non-Muslim can change into the CEO and there’s a provision that at the least two members must be non-Muslim.
What number of Waqf Boards are there within the nation?
There are 30 Waqf boards in India.
What are the assorted sorts of Waqf properties?
In the primary, they’re agricultural land, buildings, dargah/mazars and graveyards, Idgahs, Khanqahs, madrasas, mosques, plots, ponds, colleges, retailers, and numerous different establishments.
What number of Waqf properties are below litigation? In line with the federal government, there are 40, 951 circumstances mendacity pending with Waqf tribunals, that are quasi-judicial our bodies that resolve disputes associated to waqf or waqf property: of those, 9,942 circumstances filed by the Muslim group in opposition to the establishments managing Waqf.
What are the sorts of litigations that the Waqf Board faces?
Through the years, the Waqf Board has confronted a number of challenges, together with points associated to property administration, authorized disputes, feminine illustration, and the necessity for reforms.
Can judgments delivered by tribunals arrange by the Waqf Board be challenged in a Excessive Courtroom?
A judgment delivered by a Waqf Board tribunal will be challenged in a Excessive Courtroom. The Excessive Courtroom can affirm, reverse, or modify the Tribunal’s dedication.
How are the assorted Waqf properties listed and managed?
Waqfs in India are regulated by the Waqf Act, 1995. A survey commissioner lists all properties declared as Waqf by conducting native investigations, summoning witnesses, and requisitioning public paperwork. The Waqf is managed by a mutawalli, who acts as a supervisor.
Can the Waqf Board lay declare to any property it likes below Part 40 of the Waqf Act?
The Waqf Board can declare these properties of the followers of Islam, which have been donated for non secular work. There isn’t a point out of immediately claiming any properties, nor does it say something about personal properties.
Can the Waqf Board declare any property as Waqf property?
The reply is No. Waqf means the everlasting dedication by any individual, of any movable or immovable property for any function recognised by the Muslim legislation as pious, non secular or charitable…” It could embrace such properties which have been donated for non secular or social work however will not be getting used for the said function.
