The Waqf Amendment Bill 2024 has been introduced to update the existing Waqf Act, 1995, aiming to bring reforms in the management and regulation of Waqf properties across India. This new bill addresses several gaps in the previous law, and the government has made some significant changes that are expected to improve the functioning of Waqf boards. Home Minister Amit Shah introduced the Bill amidst a considerable uproar in the Rajya Sabha and Lok Sabha, with opposition members dissenting on various aspects of the bill.

Key Differences Between Old and New Law

The key differences between the old Waqf Act (1995) and the proposed Waqf Amendment Bill 2024 are as follows:

1. Appeal Options
   Under the old law, Section 40 of the Waqf Act, 1995 gave the Waqf Board the power to claim any property, and if a person disagreed with the board, the only option was to appeal to the Waqf Tribunal. The proposed Waqf Amendment Bill now expands this option, allowing claimants to appeal not only to the Tribunal but also to Revenue Court, Civil Court, or the High Court.

2. Tribunal Decision
   The old Waqf law considered the decision of the Waqf Tribunal as final, meaning it could not be contested in any other court. In contrast, the new amendment allows a High Court appeal against the Tribunal's decision, ensuring greater transparency and accountability in decision-making.

3. Property Ownership
   The old law automatically deemed any land with a mosque or used for Islamic purposes as Waqf property. The new amendment clarifies that land will not be considered Waqf property unless it has been explicitly donated to Waqf. This change is crucial to rectifying misunderstandings around property ownership, making the process clearer.

4. Waqf Board Membership
   The old law did not allow women or individuals from other religions to be part of the Waqf Board. The proposed amendment introduces inclusivity, allowing two women and two members from other religions to be appointed to the Board, making the system more diverse and representative.

Objectives of the Waqf (Amendment) Bill, 2024

The primary objective of the Waqf (Amendment) Bill, 2024 is to amend the Waqf Act of 1995 to address the challenges in managing and regulating Waqf properties. The Bill focuses on improving administration, streamlining procedures, and enhancing the role of technology in maintaining accurate Waqf records. Some of the key changes include updating the definitions of Waqf, improving the registration process, and ensuring more efficient management.

Mussalman Wakf (Repeal) Bill, 2024

Along with the Waqf Amendment Bill, the government has also introduced the Mussalman Wakf (Repeal) Bill, 2024. This Bill seeks to repeal the Mussalman Wakf Act of 1923, a colonial-era law that is now considered outdated. Repealing this law is expected to bring uniformity, transparency, and accountability to the management of Waqf properties, under the newer framework of the Waqf Act, 1995. The repeal of the Mussalman Wakf Act is aimed at eliminating inconsistencies between the two laws and updating regulations to better meet contemporary needs.

The Road Ahead for Waqf Management

The Waqf Act has seen multiple amendments, with the last major revision in 2013 to prevent illegal transfers of Waqf properties and streamline encroachment removal. The new amendments are expected to further enhance the transparency and efficiency of the Waqf boards, enabling them to better manage Waqf properties and avoid mismanagement.

These changes align with the government's efforts to modernize legal frameworks and strengthen the governance systems that affect millions of people in the country. The inclusivity and clarity introduced in the new amendment should result in better governance and help protect the interests of Waqf properties while ensuring that all stakeholders have a voice in their administration.

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