Old Waqf Act To Be Repealed; Government Proposes Massive Changes, Proposes Women, Non-Muslims As Board Members: Report

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New Delhi: The Modi-led government is set for the amendment of Waqf act, in the Lok Sabha under section 44. The proposed changes in the Waqf Act of 1995 include provisions to ensure representation for non-Muslim individuals and Muslim women in central and state Waqf bodies. It's also likely that the government may repeal the old Waqf Act and bring a new bill with the proposed amendments.

The proposed amendment is the mandatory registration of Waqf properties with the District Collector's office, facilitating proper evaluation and monitoring. Additionally, the amendments seek to promote inclusivity by ensuring women are represented on both the Central Waqf Council and state Waqf boards. 

In 1995 the Wakf Act was passed to regulate 'auqaf' by a 'wakif' (the individual who dedicates the property). This legislation was last amended in 2013.

Proposed Amendments To The Waqf Act

The Central Waqf Council and state Waqf Boards will be required to include two women on their boards. The council will now comprise a Union Minister, three MPs, three representatives from Muslim organizations, and three experts in Muslim law. Additionally, it will include two judges from either the Supreme Court or a High Court, four individuals of national repute, and senior officials from the Union government. As a result, these changes required the creation of a non-Muslim category for the Council and Boards, as MPs and government officials cannot be nominated for bodies on a religious basis.

After the Amendments, notice is required before registering any property as Waqf and this registration must take place on a centralised website. The authority for surveying Waqf properties will now be given to the District Collector or their deputy. Additionally, there will also be a provision to lodge a High Court appeal within 90 days of the Board's decision.

In the new law, the funds received by the Waqf Board must be used for the welfare of widows, divorcees, and orphans, and this must be done by guidelines set by the government.