Is Centre planning amendment to the Waqf Act?

Waqf is generally accepted as assets set aside from time to time by generous believers for the survival, security and development of Muslim religious institutions. It is true that multi-thousand crores of such properties are in existence for ages in India. The rules governing the transfer, disposal and protection of the Waqf properties have been in force since the British period. Waqf properties have been governed by the Sharia Act of 1937. The Waqf Act of 1954 was comprehensively amended in 1995, which underwent the final amendment in 2013 and is in force now. Based on it the state waqf boards primarily take care of the waqf properties and on the state boards sits the Central Waqf Board. Waqf properties have to be managed according to the intended objectives of those who performed the Waqf; In the event of violations, Waqf Boards have the power to prosecute the violators and recover the properties. However, Waqf Boards cannot always ensure Waqf properties are managed only in the most honest and lawful manner. It cannot be argued that Waqf Boards are functioning absolutely flawless and meticulous. But avenues are open for redressal of grievances under the law.

Waqf is being discussed now following a credible news that the Narendra Modi government has a plan to amend the Waqf Act 2013. Also, the government will present its intentions in the form of a bill in the Parliament session. All India Muslim Personnel Board, Muslim League and Asaduddin Owaisi’s AIMIM have already made it clear that this planned move is totally mysterious and objectionable. S.Q.R. Ilyas, spokesperson for the Muslim Personnel Board, unequivocally said that all attempts to change the nature of Waqf assets or creating opportunity for the government or individuals to misuse it will not be allowed. He also revealed that the bill proposes forty amendments to the Waqf Act of 2013. His statement comes in the wake of complaints that about twenty mosques, dargahs and graveyards in the capital city have been transferred from the supervision of the Waqf Board to the control of the government.ET Mohammed Basheer and fellow MPs accused the BJP of trying bring the Waqf properties under its own control and impose government control by curtailing the powers of the Waqf Board and Council. League MPs also cited media reports about the move to weaken some important sections of the current Waqf Act. The government has alleged that the existing Waqf Act gives excessive powers to the Waqf Boards and bans approaching the courts against abuse of power by the Board. They also point out that there is no woman representation in Waqf Boards.

The community cannot believe the proposed amendment to the Waqf Act alone stems from good intension when Modi's Hindutva government has not taken any step beneficial to the Muslim minority in the last ten years. Many in the community believe that even the anti-triple talaq law that the Prime Minister extolled throughout the election campaign and afterwards was not a well-meaning move. As soon as the Supreme Court declared triple talaq as illegal, the matter was a closed chapter. That the Parliament passed a law ensuring imprisonment for Muslim man who divorces his wife through triple talaq is injustice. There is no such provision in the personal laws of any other community in the country. Another example is the Hindutva groups approached the courts in the name of Gyanvyapi Masjid in Varanasi and Idgah Masjid in Madurai even as the law bars communities from August 15,1947 claiming any place of worship owned by another community. The government is in cahoots with them. If at all the government insists amendment to the Waqf Act of 1995 and 2013, as Maulana Khalid Rasheed Farangi Mahli, a member of the Muslim Personal Law Board, said it should be done after consulting with all stakeholders. If it does not happen, it can be considered as a move with bad intention.