Shillong, April 3: The Lok Sabha not too long ago debated and handed two vital payments regarding Waqf properties; the Waqf (Modification) Invoice, 2025 and the Mussalman Wakf (Repeal) Invoice, 2024.
These payments intention to convey larger transparency to the administration of Waqf properties whereas addressing alleged misuse and unlawful encroachments.
What’s Waqf?
Waqf, an Arabic time period, refers to property donations made for non secular or social welfare functions in Islam. The idea dates again to the time of the second caliph, Hazrat Umar and in fashionable India, Waqf properties perform equally to charitable trusts.
Nevertheless, such donations should come from non-public possession, which means neither authorities land nor another person’s property could be designated as Waqf.
The brand new amendments search to regulate how Waqf properties are managed. The federal government argues that earlier loopholes have allowed land to be misappropriated or used for industrial achieve as a substitute of benefiting the meant group. One of many key provisions within the modification requires that earlier than any property is said as Waqf, it should bear verification by the District Collector. That is meant to stop arbitrary declarations and be sure that private and non-private lands are usually not wrongfully taken over. The invoice additionally establishes a clear audit system to observe and handle Waqf belongings successfully. Whereas solely these following Islam can handle Waqf properties, non-Muslims might take part in administrative roles associated to monetary oversight, however not in non secular actions.
Why is the Regulation wanted?
The federal government has pointed to a number of instances the place Waqf legal guidelines have allegedly been misused, citing examples similar to 123 properties in Delhi’s Lutyens’ Zone being transferred to Waqf, 400 acres of temple land in Tamil Nadu being declared Waqf property and 29,000 acres of Waqf land in Karnataka being leased out for industrial use. In accordance to the federal government, these amendments will assist reclaim such lands and forestall additional misuse.
Nevertheless, opposition events have strongly criticized the invoice, arguing that it is an try to intrude with Muslim non secular establishments. They declare that the invoice is creating concern throughout the group and that the federal government is focusing on Waqf under the guise of reform. In response, the federal government has maintained that the legislation doesn’t intrude with non secular points however solely ensures that Waqf properties are used for his or her meant charitable functions.
The Residence Minister has identified that related fears have been raised throughout discussions on the Citizenship Modification Act (CAA) and the abrogation of Article 370, but no adverse penalties materialized as predicted by critics.
Waqf and Schedule Lands
One of the vital contentious points of the Waqf (Modification) Invoice, 2025, is its affect on Schedule lands, significantly tribal lands and areas protected under the Fifth and Sixth Schedules of the Structure. These schedules are meant to safeguard the rights of Scheduled Tribes (STs) and protect their land from being alienated or taken over by non-tribal entities. Nevertheless, previous instances have proven that Waqf properties have generally been declared on such lands, main to disputes over possession and management.
The federal government argues that the invoice will stop any unauthorized Waqf claims on Schedule lands, making certain that land meant for tribal communities stays protected. The modification mandates that District Collectors should confirm and approve any new Waqf property declarations, which is able to stop arbitrary claims. This provision is especially related in states like Assam, Jharkhand, Chhattisgarh, and elements of the Northeast, the place tribal communities have raised considerations over Waqf Boards asserting management over lands historically belonging to indigenous populations.
There have been a number of controversial instances the place Waqf Boards have laid declare to Schedule lands. In Telangana, a declare was made on 1,700 acres of tribal land price ₹66,000 crore, whereas in Assam, a 134-acre plot in Morigaon district was contested as Waqf property. Related disputes have arisen in states like Maharashtra and Karnataka, the place land protected under tribal and constitutional provisions was declared Waqf with out correct verification.
The federal government has cited such cases as examples of why the legislation wants to be amended to stop unlawful encroachments.
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