The Waqf (Amendment) Bill, 2024: Difference between revisions
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{{Short description|Indian legislative bill}} | {{For|Waqf (Islamic Law)|Waqf|}}{{Short description|Indian legislative bill}} | ||
{{Use | |||
{{ | {{Use Indian English|date=April 2025}} | ||
{{Infobox legislation | |||
| legislature = [[Parliament of India]] | |||
| long_title = A bill further to amend the Waqf Act, 1995. | |||
| territorial_extent = {{flag|India}} | |||
| enacted_by = [[Lok Sabha]] | |||
| date_passed = {{start date|df=yes|2025|4|3}} | |||
| enacted_by2 = [[Rajya Sabha]] | |||
| date_passed2 = {{start date|df=yes|2025|4|4}} | |||
| signed_by = | |||
| date_signed = | |||
| date_commenced = | |||
| bill = Waqf (Amendment) Bill, 2024 | |||
| bill_citation = [https://sansad.in/getFile/BillsTexts/LSBillTexts/Asintroduced/THE%20WAQF%20(AMENDMENT)%20BILL,%20202488202441731PM.pdf?source=legislation Bill No. 109 of 2024] | |||
| introduced_by = [[Kiren Rijiju]] ([[Bharatiya Janata Party|BJP]]) {{br}} ({{small|[[Minister of Minority Affairs]]}}) | |||
| date_introduced = {{start date|df=yes|2024|8|8}} | |||
| 1st_reading = {{start date|df=yes|2024|8|9}} | |||
| committee_post1st = 30 January 2025{{efn|1=Final report recommended by Joint Parliamentary Committee was submitted to the [[Speaker of Lok Sabha]].}} | |||
| 2nd_reading = {{start date|df=yes|2025|4|2}} | |||
| committee_whole_label = | |||
| passed = 3 April 2025 | |||
| passed_for = 288 | |||
| passed_against = 232 | |||
| passed_abstention = 0 | |||
| committee_report = [[Joint Parliamentary Committee]] | |||
| date_introduced2 = 3 April 2025 | |||
| 1st_reading2 = 3 April 2025 | |||
| passed2 = 4 April 2025 | |||
| passed2_for = 128 | |||
| passed2_against = 95 | |||
| passed2_abstention = 0 | |||
| amends = [https://minorityaffairs.gov.in/WriteReadData/RTF1984/1658314219.pdf Waqf Act, 1995] | |||
| status = in force | |||
}} | |||
'''The Waqf (Amendment) Bill, 2024''' was introduced in the Indian [[Lok Sabha]] on 8 August 2024.<ref>{{Cite web|url=https://www.businesstoday.in/india/story/centre-introduces-waqf-amendment-bill-2024-what-is-the-bill-about-key-features-and-more-440689-2024-08-08|title=Centre introduces Waqf Amendment Bill 2024: What is the bill about, key features and more.|date=8 August 2024|website=Business Today}}</ref><ref>{{Cite web|url=https://www.thehindu.com/news/national/waqf-amendment-bill-bjp-allies-jdu-tdp-to-support-the-bill/article68500550.ece|title=Waqf Act Amendment Bill: NDA allies JD(U) and TDP support Waqf Bill for transparency, not interference with mosques, in Lok Sabha.|date=8 August 2024|website=The Hindu}}</ref><ref>{{Cite web|url=https://www.thehindu.com/news/national/waqf-bill-referred-to-joint-parliamentary-panel-after-opposition-calls-it-draconian-and-an-attack-on-the-constitution/article68502262.ece|title=Waqf Bill referred to joint parliamentary panel after Opposition calls it 'draconian' and an attack on the Constitution|first=The Hindu|last=Bureau|date=8 August 2024|website=The Hindu}}</ref> It seeks to repeal Mussalman Wakf Act, 1923 and amend the Waqf Act, 1995.<ref name="k670">{{cite web | title=Government introduces bill to repeal Mussalman Wakf Act, 1923 | website=ANI News | date=2024-08-08 | url=https://www.aninews.in/news/national/general-news/government-introduces-bill-to-repeal-mussalman-wakf-act-192320240808183415/ | access-date=2024-08-09}}</ref> The Act regulates [[Central Waqf Council|waqf property in India]], and defines [[Waqf]] as an endowment of [[movable property|movable]] or [[immovable property]] for purposes considered pious, religious, or charitable under [[Muslim law]]. Every state is required to constitute a Waqf Board to manage waqf. The Bill renames the Act to '''‘United Waqf Management, Empowerment, Efficiency and Development Act, 1995’ (UWMEEDA 1995).''' | '''The Waqf (Amendment) Bill, 2024''' was introduced in the Indian [[Lok Sabha]] on 8 August 2024.<ref>{{Cite web|url=https://www.businesstoday.in/india/story/centre-introduces-waqf-amendment-bill-2024-what-is-the-bill-about-key-features-and-more-440689-2024-08-08|title=Centre introduces Waqf Amendment Bill 2024: What is the bill about, key features and more.|date=8 August 2024|website=Business Today}}</ref><ref>{{Cite web|url=https://www.thehindu.com/news/national/waqf-amendment-bill-bjp-allies-jdu-tdp-to-support-the-bill/article68500550.ece|title=Waqf Act Amendment Bill: NDA allies JD(U) and TDP support Waqf Bill for transparency, not interference with mosques, in Lok Sabha.|date=8 August 2024|website=The Hindu}}</ref><ref>{{Cite web|url=https://www.thehindu.com/news/national/waqf-bill-referred-to-joint-parliamentary-panel-after-opposition-calls-it-draconian-and-an-attack-on-the-constitution/article68502262.ece|title=Waqf Bill referred to joint parliamentary panel after Opposition calls it 'draconian' and an attack on the Constitution|first=The Hindu|last=Bureau|date=8 August 2024|website=The Hindu}}</ref> It seeks to repeal Mussalman Wakf Act, 1923 and amend the Waqf Act, 1995.<ref name="k670">{{cite web | title=Government introduces bill to repeal Mussalman Wakf Act, 1923 | website=ANI News | date=2024-08-08 | url=https://www.aninews.in/news/national/general-news/government-introduces-bill-to-repeal-mussalman-wakf-act-192320240808183415/ | access-date=2024-08-09}}</ref> The Act regulates [[Central Waqf Council|waqf property in India]], and defines [[Waqf]] as an endowment of [[movable property|movable]] or [[immovable property]] for purposes considered pious, religious, or charitable under [[Muslim law]]. Every state is required to constitute a Waqf Board to manage waqf. The Bill renames the Act to '''‘United Waqf Management, Empowerment, Efficiency and Development Act, 1995’ (UWMEEDA 1995).''' | ||
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==Overview== | ==Overview== | ||
* The Act allows waqf to be formed by: (i) declaration, (ii) recognition based on long-term use (waqf by user), or (iii) endowment when the line of succession ends (waqf-alal-aulad). The Bill states that only a person practicing Islam for at least five years may declare a waqf. It clarifies that the person must own the property being declared. It removes waqf by user. It also adds that waqf-alal-aulad must not result in denial of inheritance rights to the donor's heir including women heirs. | * The Act allows waqf to be formed by: (i) declaration, (ii) recognition based on long-term use (waqf by user), or (iii) endowment when the line of succession ends (waqf-alal-aulad). The Bill states that only a person practicing Islam for at least five years may declare a waqf. It clarifies that the person must own the property being declared. It removes waqf by user. It also adds that waqf-alal-aulad must not result in denial of inheritance rights to the donor's heir including women heirs. | ||
* Omitting the provisions relating to the | * Omitting the provisions relating to the “''waqf by user''”. | ||
* Providing the functions of the Survey Commissioner to the Collector or any other officer not below the rank of Deputy Collector duly nominated by the Collector for the survey of waqf properties. | * Providing the functions of the Survey Commissioner to the Collector or any other officer not below the rank of Deputy Collector duly nominated by the Collector for the survey of waqf properties. | ||
* Providing for a broad based composition of the Central Waqf Council and the State Waqf Boards and ensuring the representation of Muslim women and non-Muslims. | * Providing for a broad based composition of the Central Waqf Council and the State Waqf Boards and ensuring the representation of Muslim women and non-Muslims. | ||
* Providing for establishment of separate Board of Auqaf for Boharas and Aghakhanis. | * Providing for establishment of separate Board of ''Auqaf'' for Boharas and Aghakhanis. | ||
* Providing for representation of Shia, Sunni, Bohra, Agakhani and other backward classes among Muslim communities. | * Providing for representation of Shia, Sunni, Bohra, Agakhani and other backward classes among Muslim communities. | ||
* Streamlining the manner of registration of waqfs through a central portal and database. | * Streamlining the manner of registration of ''waqfs'' through a central portal and database. | ||
* Providing for a detailed procedure for mutation as per revenue laws with due notice to all concerned before recording any property as waqf property. | * Providing for a detailed procedure for mutation as per revenue laws with due notice to all concerned before recording any property as waqf property. | ||
* Reforming the Tribunal structure with two members and providing for appeals against the orders of the Tribunal to the High Court within a specified period of ninety days. | * Reforming the Tribunal structure with two members and providing for appeals against the orders of the Tribunal to the High Court within a specified period of ninety days. | ||
* Omission of section 107 so as to make the Limitation Act, 1963 applicable to any action under the Act; and omission of sections 108 and 108A relating to special provision as to evacuee waqf properties and Act to have overriding effect. | * Omission of section 107 so as to make the Limitation Act, 1963 applicable to any action under the Act; and omission of sections 108 and 108A relating to special provision as to evacuee waqf properties and Act to have overriding effect. | ||
* Renaming of the Waqf Act, 1995 as the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995. | * Renaming of the ''Waqf Act, 1995 ''as the '''Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995'''. | ||
==Joint Parliamentary Committee== | ==Joint Parliamentary Committee== | ||
A 31-member [[Joint parliamentary committee|JPC]]<ref name="auto">{{Cite web|url=https://www.indiatoday.in/india/story/waqf-amendment-bill-2024-jpc-lok-sabha-members-muslim-organisations-bjp-congress-2579869-2024-08-09|title=21 Lok Sabha MPs on Waqf bill panel, here's who is on it|date=9 August 2024|website=India Today}}</ref> has been established to review the Waqf (Amendment) Bill, 2024. The committee will comprise 21 members from the [[Lok Sabha]] and 10 from the [[Rajya Sabha]]. The formation of the committee was announced by [[Ministry of Minority Affairs|MoMA]] [[Kiren Rijiju]] on 9 August 2024.<ref>{{Cite web|url=https://www.thehindu.com/news/national/lok-sabha-and-rajya-sabha-members-for-joint-panel-to-examine-the-waqf-amendment-bill/article68505225.ece|title=Waqf (Amendment) Bill: Lok Sabha adopts motion naming 21 members for joint panel on Waqf Bill; will have 10 MPs from Rajya Sabha|date=9 August 2024|website=The Hindu}}</ref> [[Trinamool Congress|Trinamool]] Congress MP [[Kalyan Banerjee (politician)|Kalyan Banerjee]] boycotted the JPC meeting.<ref>{{Cite news |last=Chatterjee |first=Shrabana |date=2024-11-07 |title=Opposition members will boycott next JPC meeting: Trinamool Congress MP Kalyan Banerjee |url=https://www.thehindu.com/news/national/west-bengal/oppn-members-of-jpc-on-waqf-amendment-bill-to-boycott-next-round-of-meetings/article68840608.ece |access-date=2024-11-26 |work=The Hindu |language=en-IN |issn=0971-751X}}</ref> | A 31-member [[Joint parliamentary committee|JPC]]<ref name="auto">{{Cite web|url=https://www.indiatoday.in/india/story/waqf-amendment-bill-2024-jpc-lok-sabha-members-muslim-organisations-bjp-congress-2579869-2024-08-09|title=21 Lok Sabha MPs on Waqf bill panel, here's who is on it|date=9 August 2024|website=India Today}}</ref> has been established to review the Waqf (Amendment) Bill, 2024. The committee will comprise 21 members from the [[Lok Sabha]] and 10 from the [[Rajya Sabha]]. The formation of the committee was announced by [[Ministry of Minority Affairs|MoMA]] [[Kiren Rijiju]] on 9 August 2024.<ref>{{Cite web|url=https://www.thehindu.com/news/national/lok-sabha-and-rajya-sabha-members-for-joint-panel-to-examine-the-waqf-amendment-bill/article68505225.ece|title=Waqf (Amendment) Bill: Lok Sabha adopts motion naming 21 members for joint panel on Waqf Bill; will have 10 MPs from Rajya Sabha|date=9 August 2024|website=The Hindu}}</ref> [[Trinamool Congress|Trinamool]] Congress MP [[Kalyan Banerjee (politician)|Kalyan Banerjee]] boycotted the JPC meeting.<ref>{{Cite news |last=Chatterjee |first=Shrabana |date=2024-11-07 |title=Opposition members will boycott next JPC meeting: Trinamool Congress MP Kalyan Banerjee |url=https://www.thehindu.com/news/national/west-bengal/oppn-members-of-jpc-on-waqf-amendment-bill-to-boycott-next-round-of-meetings/article68840608.ece |access-date=2024-11-26 |work=The Hindu |language=en-IN |issn=0971-751X}}</ref> | ||
== Court appeals == | |||
Congress MP [[Mohammad Jawed|Mohammed Jawed]] and [[All India Majlis-e-Ittehadul Muslimeen|AIMIM]] chief [[Asaduddin Owaisi]] separately challenged the Waqf (Amendment) Bill in the [[Supreme Court of India|Supreme Court]] on April 4, 2025.<ref>{{Cite news |last=Rajagopal |first=Krishnadas |date=2025-04-04 |title=Congress MP Mohammed Jawed, AIMIM leader Asaduddin Owaisi move Supreme Court against Waqf Bill |url=https://www.thehindu.com/news/national/congress-mp-moves-sc-against-waqf-bill-hours-after-parliament-clears-it/article69412417.ece |access-date=2025-04-04 |work=The Hindu |language=en-IN |issn=0971-751X}}</ref> | |||
==References== | ==References== | ||
Latest revision as of 20:34, 5 April 2025
The Waqf (Amendment) Bill, 2024 was introduced in the Indian Lok Sabha on 8 August 2024.[1][2][3] It seeks to repeal Mussalman Wakf Act, 1923 and amend the Waqf Act, 1995.[4] The Act regulates waqf property in India, and defines Waqf as an endowment of movable or immovable property for purposes considered pious, religious, or charitable under Muslim law. Every state is required to constitute a Waqf Board to manage waqf. The Bill renames the Act to ‘United Waqf Management, Empowerment, Efficiency and Development Act, 1995’ (UWMEEDA 1995).
| The Waqf (Amendment) Bill, 2024 | |
|---|---|
 | |
| Parliament of India | |
| |
| Territorial extent |  India |
| Enacted by | Lok Sabha |
| Passed | 3 April 2025 |
| Enacted by | Rajya Sabha |
| Passed | 4 April 2025 |
| Legislative history | |
| Bill introduced in the Lok Sabha | Waqf (Amendment) Bill, 2024 |
| Bill citation | Bill No. 109 of 2024 |
| Introduced by | Kiren Rijiju (BJP) (Minister of Minority Affairs) |
| First reading | 9 August 2024 |
| Second reading | 2 April 2025 |
| Committee report | Joint Parliamentary Committee |
| First reading | 3 April 2025 |
| Amends | |
| Waqf Act, 1995 | |
| Status: In force | |
OverviewEdit
- The Act allows waqf to be formed by: (i) declaration, (ii) recognition based on long-term use (waqf by user), or (iii) endowment when the line of succession ends (waqf-alal-aulad). The Bill states that only a person practicing Islam for at least five years may declare a waqf. It clarifies that the person must own the property being declared. It removes waqf by user. It also adds that waqf-alal-aulad must not result in denial of inheritance rights to the donor's heir including women heirs.
- Omitting the provisions relating to the “waqf by user”.
- Providing the functions of the Survey Commissioner to the Collector or any other officer not below the rank of Deputy Collector duly nominated by the Collector for the survey of waqf properties.
- Providing for a broad based composition of the Central Waqf Council and the State Waqf Boards and ensuring the representation of Muslim women and non-Muslims.
- Providing for establishment of separate Board of Auqaf for Boharas and Aghakhanis.
- Providing for representation of Shia, Sunni, Bohra, Agakhani and other backward classes among Muslim communities.
- Streamlining the manner of registration of waqfs through a central portal and database.
- Providing for a detailed procedure for mutation as per revenue laws with due notice to all concerned before recording any property as waqf property.
- Reforming the Tribunal structure with two members and providing for appeals against the orders of the Tribunal to the High Court within a specified period of ninety days.
- Omission of section 107 so as to make the Limitation Act, 1963 applicable to any action under the Act; and omission of sections 108 and 108A relating to special provision as to evacuee waqf properties and Act to have overriding effect.
- Renaming of the Waqf Act, 1995 as the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995.
Joint Parliamentary CommitteeEdit
A 31-member JPC[5] has been established to review the Waqf (Amendment) Bill, 2024. The committee will comprise 21 members from the Lok Sabha and 10 from the Rajya Sabha. The formation of the committee was announced by MoMA Kiren Rijiju on 9 August 2024.[6] Trinamool Congress MP Kalyan Banerjee boycotted the JPC meeting.[7]
Court appealsEdit
Congress MP Mohammed Jawed and AIMIM chief Asaduddin Owaisi separately challenged the Waqf (Amendment) Bill in the Supreme Court on April 4, 2025.[8]
ReferencesEdit
Template:Creative Commons text attribution notice
- ↑ "Centre introduces Waqf Amendment Bill 2024: What is the bill about, key features and more". Business Today. 8 August 2024.
- ↑ "Waqf Act Amendment Bill: NDA allies JD(U) and TDP support Waqf Bill for transparency, not interference with mosques, in Lok Sabha". The Hindu. 8 August 2024.
- ↑ Bureau, The Hindu (8 August 2024). "Waqf Bill referred to joint parliamentary panel after Opposition calls it 'draconian' and an attack on the Constitution". The Hindu.
- ↑ "Government introduces bill to repeal Mussalman Wakf Act, 1923". ANI News. 2024-08-08. Retrieved 2024-08-09.
- ↑ "21 Lok Sabha MPs on Waqf bill panel, here's who is on it". India Today. 9 August 2024.
- ↑ "Waqf (Amendment) Bill: Lok Sabha adopts motion naming 21 members for joint panel on Waqf Bill; will have 10 MPs from Rajya Sabha". The Hindu. 9 August 2024.
- ↑ Chatterjee, Shrabana (2024-11-07). "Opposition members will boycott next JPC meeting: Trinamool Congress MP Kalyan Banerjee". The Hindu. ISSN 0971-751X. Retrieved 2024-11-26.
- ↑ Rajagopal, Krishnadas (2025-04-04). "Congress MP Mohammed Jawed, AIMIM leader Asaduddin Owaisi move Supreme Court against Waqf Bill". The Hindu. ISSN 0971-751X. Retrieved 2025-04-04.