What is Waqf bill, Evolution, Features, and Changes in the WAQF Board Bill 2025
Introduction
The WAQF Board plays a crucial role in managing and protecting properties dedicated for religious, charitable, and social welfare purposes in the Islamic community. Over the years, legislative changes have been introduced to enhance transparency, efficiency, and governance in WAQF administration. The WAQF Board Bill 2025 brings significant amendments aimed at modernizing the framework, ensuring better compliance, and addressing longstanding issues.
This article explores the evolution of WAQF legislation, the salient features of the WAQF Board Bill 2025, and the key changes it introduces.
Evolution of WAQF Board Legislation
Early Developments
WAQF, an Islamic endowment, has a historical presence dating back centuries. In India, the first structured regulations on WAQF management were introduced during British rule. The WAQF Act of 1913 marked a pivotal moment in recognizing and managing these properties under legal supervision.
Post-Independence Reforms
After independence, India formalized the WAQF governance structure with the WAQF Act of 1954. It established WAQF Boards in different states to oversee endowment properties and prevent misuse. Subsequent amendments, notably the WAQF Act of 1995, expanded the scope of governance, introduced new legal mechanisms, and mandated state-wise WAQF Boards.
Amendments Leading to 2025 Bill
To address governance issues, corruption, and disputes, amendments were introduced periodically. The WAQF (Amendment) Act 2013 further strengthened transparency and efficiency by mandating digitization of records and appointing tribunals for dispute resolution. The WAQF Board Bill 2025 builds upon these foundations and integrates modern reforms.
Features of the WAQF Board Bill 2025
1. Enhanced Transparency Measures
Mandatory digitization of all WAQF properties.
Establishment of a centralized online database accessible to the public.
Strict audits and regular inspections by regulatory bodies.
2. Strengthened Legal Framework
Clearer definitions of WAQF properties to avoid disputes.
Stricter penalties for mismanagement and encroachments.
Streamlined dispute resolution through special WAQF tribunals.
3. Improved Governance Structure
Increased accountability of WAQF Boards with periodic reporting.
Appointment of independent auditors for financial scrutiny.
Introduction of a grievance redressal mechanism for stakeholders.
4. Use of Technology in WAQF Administration
Blockchain-based record-keeping for enhanced security.
GIS mapping of WAQF properties to prevent illegal occupations.
AI-powered analytics for tracking property utilization.
5. Involvement of Stakeholders
Community participation in decision-making through advisory councils.
Empowerment of local authorities to manage small WAQF properties effectively.
Special focus on women’s involvement in WAQF administration.
Major Changes in the WAQF Board Bill 2025
1. Stronger Anti-Encroachment Laws
Faster eviction processes for illegally occupied WAQF lands.
Higher penalties and criminal charges for encroachers.
2. Streamlining the Financial Mechanisms
Creation of a National WAQF Fund for development projects.
Introduction of financial guidelines to ensure WAQF assets are used productively.
3. Decentralization of Powers
Granting more autonomy to state WAQF Boards.
Reduction of bureaucratic delays through a faster decision-making process.
4. Special Tribunal Reforms
Establishment of fast-track WAQF courts to settle disputes efficiently.
Expansion of judicial powers for quicker enforcement of WAQF regulations.
5. Incentives for WAQF Property Development
Partnerships with private enterprises for better utilization of properties.
Allowing WAQF properties to be used for social infrastructure like hospitals and schools while retaining ownership.
What changes in waqf board old vs new
The Waqf (Amendment) Bill, 2025 introduces several significant changes to the Waqf Act of 1995, aiming to enhance transparency, inclusivity, and governance in the management of waqf properties.
1. Composition of Waqf Boards and Councils:
1995 Act: Waqf Boards and the Central Waqf Council were primarily composed of Muslim members.
2025 Amendment: Proposes the inclusion of non-Muslim members and mandates the representation of at least two Muslim women on these bodies to promote diversity and gender inclusivity.
2. Definition and Declaration of Waqf Properties:
1995 Act: Allowed for the creation of waqf through various means, including "waqf by user," where long-term use of a property for religious or charitable purposes could lead to its classification as waqf.
2025 Amendment: Removes the provision for "waqf by user," stipulating that only a person practicing Islam for at least five years and owning the property can declare it as waqf. This aims to prevent disputes over property ownership.
3. Government Oversight and Property Verification
1995 Act: Provided limited government intervention in waqf property management.
2025 Amendment: Empowers the government to verify ownership of disputed waqf properties and introduces stricter oversight mechanisms to curb corruption and mismanagement.
4. Representation of Various Muslim Sects:
1995 Act: Did not specify representation from different Muslim sects.
2025 Amendment: Ensures representation from various Muslim sects, including Shia, Sunni, Bohra, and Agakhani communities, to promote inclusivity.
5. Establishment of Separate Boards:
1995 Act: Managed all waqf properties under unified boards.
2025 Amendment: Proposes the establishment of separate boards for specific communities, such as the Boharas and Aghakhanis, to address their unique needs.
6. Dispute Resolution Mechanisms:
1995 Act: Had provisions for waqf tribunals with limited appeal options.
2025 Amendment: Reforms the tribunal structure to include two members and allows appeals against tribunal decisions to be made to the High Court within 90 days, enhancing the legal recourse available.
7. Renaming of the Act:
1995 Act: Known as the Waqf Act, 1995.
2025 Amendment: Proposes renaming it to the Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995, reflecting the broader objectives of the amendments.
These amendments have sparked debate. Supporters argue they will enhance transparency and efficiency in waqf property management, while critics contend they may infringe upon the rights of the Muslim comunity and lead to potential government overreach.
Conclusion
The WAQF Board Bill 2025 marks a significant milestone in the evolution of WAQF governance. By integrating technology, enhancing transparency, and streamlining legal mechanisms, the bill aims to protect WAQF properties while ensuring their efficient use for community welfare. The changes introduced not only address existing challenges but also lay the foundation for a more robust and accountable WAQF management system. If implemented effectively, this legislation has the potential to
transform the WAQF sector, making it more beneficial for the community and aligned with modern governance standards.
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