Sweeping Changes Likely in Waqf Act: Women, non-Muslims on boards, council can't claim land

New Delhi: A contentious bill to amend 44 sections of the Waqf Act of 1995 - including changing it ensure representation of non-Muslim individuals and Muslim women in Central and state Waqf bodies - is likely to be tabled in the Lok Sabha on Thursday, top government sources said on Wednesday.

Another bill will also be introduced in the Lok Sabha to abolish a 1923 Waqf Act.

Copies were given to Lok Sabha members late on Tuesday night ahead of its introduction.

The amendment will also rename the 1995 law as the Unified Waqf Management, Empowerment, Efficiency and Development Act. Sources said that the overall goal is to better manage Waqf properties, which refer to land set aside, under Islamic law, for religious or charitable purposes.

Among major proposed changes are omission of Section 40 from the existing legislation, which allows the Board to classify properties; this meant it could declare any of its properties as Waqf.

Instead, the District Collector, a Civil Service official, will now make that decision.

The Central Waqf Council and state Waqf Boards must have two women on the board. The Council will now consist of a Union Minister, three MPs, three representatives of Muslim organisations, and three Muslim law experts. It will also include two ex-judges, either the Supreme Court or a High Court, four 'people of national repute' and senior union government officials. At least two of these should be women. Incidentally, these alterations required the creation of a non-Muslim category for the Council and Boards since MPs and government officials cannot be nominated for bodies on religious basis. Under the new law notice is required before registering any property as Waqf. Further, this registration must take place on a centralised website.

Authority for survey of Waqf properties will now be given to the District Collector or their deputy. There will also be provision to lodge a High Court appeal within 90 days of the Board's decision. In addition, only practicing Muslims will be allowed to donate their property, movable or otherwise to the Waqf Council or Board.

Also, only the legal owner can take this decision. Under the current law, no Waqf property can be considered as such if there is dispute about its antecedents, particularly if there is question about it being a government property. In such disputes officials will investigate and submit a report to the state, following which records will be adjusted. In the new law, money received by the Waqf Board must be used for the welfare of widows, divorcees, and orphans, and that too in the manner suggested by the government. Another key proposal is that women's inheritances must be protected and ensured. The bill also proposes a separate board for the Bohra and Agakhani communities.