Waqf Amendment Bill: The report of the Joint Committee on Waqf (Amendment) Bill was tabled in the Rajya Sabha and the Lok Sabha amid uproar on Thursday. Home Minister Amit Shah asserted the BJP has no objection to the opposition’s dissent notes being included without redaction, and asked the speaker to decide according to procedures. Let’s know what are key differences between the old and the new law.
Key differences between old and new law
| S.No. | Old law of the Waqf Board | Waqf Board’s new proposed bill |
| 1. | Section 40 of the Waqf Act, 1995, empowers the Waqf Board to claim any property and the claimant of that land can only appeal to the Tribunal. | The proposed Waqf (Amendment) Bill allows claimants to appeal in Revenue Court, Civil Court, or High Court, in addition to the Tribunal. |
| 2. | The decision of the Waqf Tribunal is deemed final and cannot be challenged in any other court. | The amendment allows an appeal in the High Court against the Waqf Tribunal’s decision. |
| 3. | If any land has a mosque on it or is used for Islamic religious purposes, it is automatically considered Waqf property. | The amendment states that land will not be considered Waqf property unless it has been donated to Waqf. |
| 4. | Women and people of other religions are not allowed to become members of the Waqf Board. | The new amendment provides for the inclusion of two women and two members from other religions in the Waqf Board. |
Objective of the Waqf (Amendment) Bill, 2024
The objective of the Waqf (Amendment) Bill, 2024, is to amend the Waqf Act, 1995, to redress the issues and challenges in regulating and managing Waqf properties. The Amendment Bill seeks to improve the administration and management of waqf properties in India. It aims to overcome the shortcomings of the previous act and enhance the efficiency of Waqf boards by introducing changes such as renaming the Act, updating the definitions of waqf, improving the registration process, and increasing the role of technology in managing waqf records.
The primary objective of the Mussalman Wakf (Repeal) Bill, 2024 is to repeal the Mussalman Wakf Act, 1923, a colonial-era legislation that has become outdated and inadequate for managing waqf properties in modern India. The repeal aims to ensure uniformity, transparency, and accountability in the administration and management of waqf properties under the Waqf Act, 1995, thus eliminating inconsistencies and ambiguities caused by the continued existence of this redundant law.
It is pertinent to mention that the 1954 Act was amended in 1964, 1969 and 1984. The last amendment was in 2013 to include stringent measures to prevent illegal transfer of waqf properties and streamline procedures for removing encroachments.
Also Read: Bill brought to snatch Waqf from Muslims and destroy it: Asaduddin Owaisi
Also Read: Parliament Budget Session LIVE: JPC report on Waqf Bill, new Income Tax Bill tabled in Lok Sabha
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