Waqf Act1995 UPSC Notes: History, Provisions, Issues & More

The Waqf Act has a huge socio-economic effect on the lives of millions of muslims living in India and own a lot of properties. The government in order to settle the disputes related to waqf properties in India and ensure that they work according to rule of law has proposed to bring key amendments in the Waqf Act,1995 that can have a huge impact on muslims living in India.

The Waqf act 1995 is a key law that controls religious properties of Muslims in India. For UPSC aspirants, understanding Waqf act 1995 upsc is important. It helps in knowing how these religious properties are managed. The new Waqf amendment Bill brings many changes. These changes are relevant for civil services exams. Students must know the purpose, impact, and debates related to this bill. This article explains all important parts of the Waqf act 1995, including changes made in the waqf board bill 2024.

In order to streamline and allow the Central Waqf Council and State Waqf Board, the government has considered a number of parameters and provisions of Waqf Act 1995 to regulate it efficiently and in an effective manner.

What is Waqf law?

Waqf in literal terms means ‘detention or confinement and prohibition’. As per Islam, it is the property that is now available only for religious or charitable purposes, and any other use or sale of the property is prohibited. As per Sharia law, once Waqf is established, and the property is dedicated to Waqf, it remains as Waqf property forever.

Historical Background of Waqf law and Waqf Board India

Waqf has a long history in India. It started during the rule of Muslim rulers in India. These rulers donated lands for religious work. The British government also made rules for Waqf during colonial times. After independence, India passed the Waqf act in 1954. Later, the Waqf act 1995 replaced it to improve management. The new law created more rules for better control and use of waqf assets. The history of waqf in India is not new, it can be traced back to more than 900 years. Here are some of the historical facts related to waqf in India:

• Delhi Sultanate Period: In India, the history of Waqf under muslim law can be traced back to the early days of the Delhi Sultanate when Sultan Muizuddin Sam Ghaor dedicated 2 villages in favour of the Jama Masjid of Multan and handed over its administration to Shaikhul Islam. The number of Waqf properties then increased with the expansion of islamic rule in India
• Colonial Period: There was a case made for the abolition of Waqfs in India in the late 19th Century when a dispute over a Waqf property ended up in the Privy Council of London when India was under colonial rule. The 4 judges who heard the case described the Waqf as “a perpetuity of the worst and the most pernicious kind” and Waqf was declared invalid. Later, the decision was not accepted in India and the Mussalman Waqf Validating Act of 1913 came into force and these properties were saved by the legislation.
• Post Independence: The Waqf Act was first passed by Parliament in 1954. It was later repealed, and a new Waqf Act was passed in 1995, which gave more powers to Waqf Boards. In 2013, an amendment was done and it gave Waqf Board extensive powers to designate property as 'Waqf Property.' The Waqf board India is said to be the third-largest landholder in India after the Railways and the Defence department.

Central Waqf Council is a statutory body under the administrative control of the Ministry of Minority Affairs was set up in 1964 as per the provision given in the Waqf Act, 1954 as Advisory Body to the Central Government on matters concerning the working of the Waqf Boards and the due administration of Auqaf. However, the role of the Council was expanded significantly under the provisions of the Waqf (Amendment) Act, 2013. 

Indian waqf board manages waqf assets. Each state has its own waqf board. The boards register waqf properties and ensure their proper use. The central government controls waqf activities through the Central Waqf Council. The Council was formed under the waqf board act. The structure includes a chairperson, members, and officers. They meet often to discuss issues related to waqf management.

The Council has been empowered to advise the Central Government, State Governments and State Waqf Boards. It will now issue directives to the boards/ State Government to furnish information to the Council on the performance of the board particularly on their financial performance, survey, revenue records, encroachment of Waqf properties, Annual and Audit report etc.

The Council consists of the Chairperson, who is the Union Minister In charge of Waqf and such other members, not exceeding 20 in number, as may be appointed by the Government of India.

Major Functions of Central Waqf Council and Waqf Board India

The Central Waqf Council gives advice to the government. It ensures that all states follow the same rules. It helps in framing policies for managing waqf in India. Waqf board upsc topic covers the council’s role in detail. The state waqf board protects and develops the property. It stops illegal sale and misuse of land. It also collects rent and donations. They use the money for schools, hospitals, and mosques. With a mission to have a proactive role in protection development of Auqaf & to work closely with the State Waqf Boards to improve their functioning, the Council has following major functions:

• To advise Central Government, State Governments, State Waqf Boards on matters concerning the working of the Boards and due administration of Auqaf.
• To monitor the implementation of the provisions of Waqf (Amendment) Act, 2013 in States and UTs.
• To render legal advice on protection and retrieval of the Waqf Properties and for removal of encroachment etc.
• To implement the Scheme for Development of Urban Waqf Properties & Identification of potential Waqf land for development by National Waqf Development Corporation Ltd.
• To implement Educational and Women Welfare Schemes for skill development and to empower the poor, specially Women.
• To implement the Scheme of Computerization of the State Waqf Boards records, a Central sector scheme of the Ministry of Minority Affairs.
• To seek necessary information from the State Government/Boards on the performance of the State Waqf Boards as per the provision given in the Waqf (Amendment) Act, 2013.
• To take up the Waqf matters with various departments of Central and State Governments such as ASI, Railways, Revenue and Forest etc.
• To undertake awareness programmes to promote the interest of the Council and to sensitize the Waqf institutions about their new roles and responsibilities.

Proposed Amendments to Waqf Act, 1995

The waqf amendment bill brings 14 major changes. These are called waqf bill 14 amendments. The waqf act repeal bill part of the new bill aims to end old laws. It also explains the waqf amendment bill means more power to states. The bill also wants to bring more transparency. It introduces a digital system to track waqf land records. It allows states to audit waqf accounts regularly. According to reports, the government is considering around forty amendments to the Waqf Board Act. Here are some of the changes/amendments that government may consider to be brought in:

• Involvement of District Administration: Making it mandatory for the Waqf Board to register its properties with the District Collector's office for evaluation.
• Judicial Scruitny: Provision of judicial scrutiny to determine whether a particular property is waqf asset or not.
• Regulating Administrative Affairs: Provision of regulating the Mutawallis, who are actually the custodian of Waqf.
• Record Management: Enhancing and streamlining of record management.
• Inclusive: Involving non-Muslim technical experts in Waqf management.
• Gender Inclusion: It also proposes adding two women members to the Central Waqf Council (CWC) and each State Waqf Board (SWB).
• Financial Management: Implementing financial audits for Waqf properties.

It is to be noted here that, as per Ministry of Minority affairs most of the proposed amendments that the government is trying to introduce into the Waqf Act is based on the recommendations given by Rajendra Sachar Committee Report (2006) and the Joint Parliamentary Committee Report (2008).

The old waqf act 1995 had many problems. Many waqf properties were misused or sold illegally. There was no system to check corruption. People did not know the full list of waqf lands. The new waqf bill solves these problems. It makes waqf records digital and public. It helps in stopping fraud and land grabbing. These are the following reasons for bringing in amendments:

• Joint Parliamentary Committee Report: The Joint Parliamentary Committee 2008 report advocated for a revamp of Waqf boards, appointing a Joint Secreatry level officer as CEO for State Waqf Boards (SWBs) and taking strict measures against unauthorised alienation of Waqf properties. 
• Gender Equality: Currently, women are not represented on Waqf boards or councils, which manage mosques and Islamic endowments and thus clearly make them deprived of their basic rights viz. against the democratic principles of gender equality. 
• Monitoring and Regulation: The government is considering involving district magistrates in monitoring Waqf properties to prevent misuse.
• Dispute Redressal: To ensure that properties undergo fresh verification and any dispute related to properties are scruitnised at the earliest.

Significance of Proposed Amendments in Waqf Act

The new changes help common people. They can now check waqf properties meaning easily online. The waqf board bill 2024 gives more rights to state governments. It improves the working of waqf board and central waqf council. It brings transparency in land use and money collection. It also helps in fast legal action in waqf disputes. The Waqf Act, 1995, governs the administration of waqf properties in India. Bringing amendments to this Act can have significant impact on multiple parameters such as:

• Regulation: There cannot be any ‘holy cow’ in a democracy and everything needs to be done in accordance with the law of the land and thus it is sine qua non to regulate and monitor the working of Waqf Board(s).
• Transparency: Any organisation and its working become efficient and accountable if there is transparency in its conduct. Hence, proposed amendments can have a profound impact on the Central Waqf Council and Waqf Boards.
• Dispute Resolution: There are numerous cases and disputes related to some properties and provisions of Waqf Act, 1995 and thus it is required to resolve them at the earliest and these amendments may prove fruitful for it.
• Gender Inclusivity: Allowing more women in the decision making of Central Waqf Council and State Waqf Boards(SWBS) will lead to women empowerment among the muslim community.
• Social Justice: There are many sects within the muslim community who are under-represented in the administrative affairs of Waqf and thus their inclusion will be enhanced if the proposed amendments are passed by the Parliament. It will also contribute to social and communal harmony.
• Economic Implications: Protection of properties of Waqf Boards and better record keeping and management will lead to better regulatory oversight and smooth functioning of Waqf Boards as well as Central Waqf Council ,thereby enhancing the financial situation of its community members.

Conclusion

The proposed amendments are inline with the recommendations proposed by parliamentary as well as other ad-hoc committees to ensure the upliftment of minority communities and ensuring the smooth functioning of the organisation. The government should consult various stakeholders and domain experts to include necessary amendments so that optimum results can be achieved to fulfill the desired purpose.