The bill, which seeks to amend the Waqf Act, 1995, is being hailed by some as a necessary step towards modernizing the management of religious endowments but it has also drawn sharp criticism for trying to consolidate power with the government.
The Waqf (Amendment) Bill was introduced in the Lok Sabha on Thursday.
Supreme Court lawyer Ramisha Jain emphasized different aspects of the Bill, describing it as "a pivotal and foundational step towards achieving parity in the governance of religious affairs".
The amendments aim to enhance transparency, improve accountability and safeguard Waqf properties from encroachment and mismanagement, Jain said.
She pointed out that the Bill's provisions for more stringent regulations and monitoring mechanisms could curb corruption and ensure efficient operation of the Waqf boards.
Jain also acknowledged that the Bill's emphasis on modernization could facilitate better utilization of Waqf properties, aligning them with contemporary requirements.
However, she also cautioned against potential drawbacks such as the consolidation of power within the government which could diminish the autonomy of Waqf boards and render them susceptible to political influence.
Meanwhile, Jamaat-e-Islami Hind (JIH) vice-president Malik Moatasim Khan argued that the proposed amendments would effectively dismantle the established legal structure of Waqfs, targeting a constitutionally guaranteed right of religious minorities.
He expressed concerns that the Bill's introduction of a "Collector Raj" would grant unprecedented authority to the district collectors, thereby stifling the Muslims' rights to manage their religious endowments.
Khan criticized the Bill for removing the concept of "waqf by user", a fundamental aspect of Waqf jurisprudence that recognizes long-standing religious and charitable use.
He warned that this change could lead to further disputes over Waqf properties and create confusion within the community. Additionally, Khan noted that the Bill was drafted without meaningful consultation with key stakeholders, including the Muslim parliamentarians and experts in Waqf jurisprudence.
Another Supreme Court lawyer Jatinder Cheema said the Bill will work towards modernizing the administration and maintenance of Waqf properties.
Cheema highlighted the Bill's provisions for broader representation, including the inclusion of women and minority sects, which he believes will promote inclusivity and democratization within the Waqf boards.
He also pointed to the mandatory written deed (waqfnama) and the streamlining of registration and mutation processes as measures that would enhance transparency and prevent disputes.
Cheema supported the district collectors' involvement in deciding the Waqf property claims, arguing that it would provide an impartial arbiter and prevent arbitrary declarations. He also welcomed the inclusion of non-Muslim members in Waqf boards, suggesting that their technical expertise and diverse perspectives could improve the management and efficiency of these endowments.
The Bill to amend the law governing waqf boards proposes far-reaching changes in the Waqf Act, 1995, including ensuring the representation of Muslim women and non-Muslims in such bodies.
The Waqf (Amendment) Bill also aims at renaming the Act as the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995.
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