When Waqf Amendment becomes law

The Waqf Amendment Bill has been passed in the Lok Sabha and Rajya Sabha amid strong opposition from the opposition. It will now become a law after the President signs it. This is not the first time that the Waqf Act has been amended. The management of Waqf properties in India has evolved through several legislative transformations. Since the Privy Council judgment of 1894, various laws including the Muslim Waqf Acts of 1913, 1923, 1930, the Waqf Act of 1954 and subsequent amendments have shaped the management of Waqf. The Waqf Act of 1995 further strengthened the regulatory mechanisms and the major amendment of 2013 expanded its scope. Despite the existence of so many laws, it is a reality that Waqf properties have often been sold and leased out in violation of these. There are also several cases in this regard. Similarly, a significant portion of Waqf properties have been subject to encroachment. Currently, there are 31,999 cases related to Waqf properties in the country. Out of these, 16,140 cases are related to encroachments. Out of these, 3165 cases are filed by Muslims.

It is necessary to bring timely amendments to the law to ensure transparency in Waqf Boards. That is what the central government has done now. However, the opposition and Muslim League leaders allege that the new amendment is an attempt by the government to seize Waqf properties by raising doubts about the land records with the Waqf Board. They have also stated that they will approach the court, stating that this amendment is unconstitutional.

Meanwhile, ordinary Muslims - especially Muslim women - have welcomed the government's move. They believe that the new amendment law will help protect the community's assets from exploitation. Not every land can be declared as a waqf, the decision of the Waqf Board and the Tribunal is not final, there is a provision to appeal to the High Court within 90 days, if historical monuments have been declared as waqf, it will be cancelled, and a complete ban on declaring land of Scheduled Tribes as waqf are some of the important changes that are being implemented as part of the Waqf Amendment. The land struggle waged by the residents of Munambam in Kerala, which is entangled in the Waqf Act, has attracted the attention of the country. It is a relief that with the introduction of the new law, the concerns of Munambam will be dispelled. The state government should now take steps to provide revenue rights to the people on the basis of the new law. The Munambam issue should be resolved as a legal issue. All political parties should give up their attempts to fish in troubled waters by mixing communalism and politics at Munambam.

Laws should be made to reduce, not increase, litigation in the country. The government has made an attempt to remove the ambiguities in the existing Waqf Act through the amendment. It should be assumed that the new amendments are conducive to the fair management of Waqf land. It cannot be forgotten that the reforms related to Waqf have been made after extensive consultations with the Muslim community over the past several years. The complete removal of Section 40, which allows Waqf Boards to declare any land as Waqf land, will lead to a final resolution to many litigations.