Latest news with #StateWaqfBoards
The Hindu
2 days ago
- Politics
- The Hindu
District Collectors to have wide powers in registering new Waqf properties and deciding on Waqf claims on government properties
The District Collectors will have a crucial role in registering new Waqf properties and looking into complaints of government properties being identified or declared as Waqf, according to the draft Waqf rules. The Union government has sought the views of the State governments and the State Waqf Boards on the draft rules for the Waqf (Amendment) Act 2025, which was passed by Parliament in April. The Rules will come into force once they are notified in the Gazette of India. The Collector shall inquire into the genuineness and validity of the application for registering a new Waqf in accordance with the revenue laws and confirm that the Waqif (the one who is making the Waqf) is a lawful owner of the property and competent to dedicate it as a Waqf. The Collector will also ascertain that the proposed property is not a government property, a protected monument or protected area under the Ancient Monuments Preservation Act, 1904 or the Ancient Monuments and Archaeological Sites and Remains Act, and does not belong to Scheduled Tribes, according to the draft rules. Kerala had been keenly awaiting the introduction of the Rules as Kiran Rijiju, the Union Minister for Minority Affairs, had stated earlier this year that the enactment of the Rules would help the Munambam residents in their legal fight for restoring the revenue rights of their holdings. The residents had opposed the decision of the Kerala Waqf Board in notifying the land as a Waqf property. Two petitions challenging the decision of the Board are pending before the Waqf Tribunal. The residents, who claimed that they had purchased the holding from Farook College, Kozhikode, have been protesting for 240 days. Portal, database The 15-point Rules also speak about setting up a portal and a database for filing the details of Waqf and registration of new Waqf. There shall be provisions for real-time monitoring of registration of new Waqf and filing the details of the Waqf, court cases and dispute resolution and resources management. The District Collector can order an inquiry when it comes to the notice of the official that any government property has been identified or declared as a Waqf. The designated officer shall hear all persons concerned or any person having any interest in the property, including the government and mutawalli of the Waqf and ask them to submit their claims and counter-claims within a specified period. The inquiry should be completed within one year, say the draft rules. Kerala government has sought time to file its response.
Time of India
31-05-2025
- Business
- Time of India
Waqf Act amendments: Progress for the community or just optics?
Vivek Narayan Sharma is an Advocate (AOR) at Supreme Court of India with 25 years of core experience in litigation, arbitration, mediation. Known for resolving high-stakes disputes in a quick-time frame & representing industries, business leaders, celebrities, politicos; he also serves as pro bono Lawyer to enhance societal hues & spectrum. LESS ... MORE The recent Union Cabinet decision to amend the Waqf Act, 1995 and repeal the outdated Waqf Act, 1923 has generated both interest and some manufactured outrage. While a few fringe voices attempt to build a narrative of fear and disenfranchisement, a closer look reveals a clear and much-needed reform: one that strengthens the management, transparency, and future security of waqf properties for the benefit of India's Muslim community. The recent reforms also mark a progressive step toward gender justice within the Waqf ecosystem. Firstly, the clarification that Waqf-alal-aulad (waqf created for the benefit of one's own family) cannot be used as a tool to deny inheritance rights to female heirs is a significant legal and moral correction. This addresses a long-standing abuse of the waqf structure, where patriarchal interpretations were often used to sideline women from their rightful share. Secondly, the mandatory inclusion of at least two Muslim women members in both the Central Waqf Council and State Waqf Boards is a critical institutional reform. It ensures not just representation but also voices from within the community that can advocate for education, health, housing, and livelihood rights of Muslim women. These measures together signal a shift from tokenism to tangible empowerment—ensuring that waqf institutions serve all, not just a privileged few. What is Waqf 'Waqf' refers to a permanent dedication of movable or immovable property by a Muslim for religious, pious, or charitable purposes as recognized by Islamic law. Over time, waqf properties have come to constitute one of the largest repositories of Muslim community assets in India. However, with size comes complexity and the governance structures originally designed to administer these assets have struggled with opacity, inefficiency, and sometimes, exploitation. As on today, lakhs of waqf properties are registered across India, including mosques, graveyards, dargahs, educational institutions, and revenue-generating real estate. The estimated value of these properties is in lakhs of crores, yet their actual contribution to the welfare of the Muslim community remains underwhelming due to widespread mismanagement. Why reforms were long overdue The Waqf Act, 1995 was a consolidated legal framework aimed at ensuring uniformity in the administration of waqf properties by establishing State Waqf Boards and the Central Waqf Council. However, in practice, the implementation has been riddled with inefficiencies. Some of the core issues include: Encroachment and illegal occupation of waqf properties due to lack of documentation and vigilance. Inadequate digitization of waqf property records, making them vulnerable to manipulation and misuse. Opaque appointment procedures for Waqf Board members, often dominated by political or familial interests rather than merit. Lack of accountability and audit , leading to financial leakages and corruption. Disputes over waqf status of properties leading to prolonged litigation and social unrest. Addressing the false narrative Certain interest groups and individuals, either out of ignorance or intent, have attempted to stir communal sentiment by suggesting that the amendments would hurt Muslim interests. This is not only legally unfounded but socially dangerous. On the contrary, the proposed amendments are designed to enhance the credibility and utility of waqf institutions, protect waqf properties from exploitation, and allow the Muslim community to benefit from its rightful assets through better educational, economic, and social programs. To illustrate this, one may ask: What is more empowering to the community – a system that hides in the shadows of outdated laws and corrupt practices, or one that embraces modern governance, transparency, and efficiency? The answer is self-evident. Key Features and Merits of the Proposed Amendments Repeal of Waqf Act, 1923 : This archaic pre-Independence law is no longer relevant. Its existence only created confusion in interpretation and duplication with the 1995 Act. Repealing it clears the legislative cobwebs and affirms the primacy of the modern law. Digital Record-Keeping and GIS Mapping : The proposed law aims to mandate end-to-end digitization of waqf properties. This will prevent illegal sales, encroachments, and fraud. A digital registry will also empower the community with access to transparent information. Improved Composition and Functioning of Waqf Boards : Changes are expected in the way members are appointed and decisions are made. Merit and professionalism will be prioritized over influence and legacy networks. This will create a more accountable system. Stronger Mechanisms for Dispute Resolution : The reforms may introduce faster, community-friendly alternatives to long-drawn court battles, ensuring timely justice and fewer inter-generational disputes over property titles. Strengthening of the Central Waqf Council (CWC) : By providing the CWC with enhanced oversight and audit powers, the Centre aims to create a checks-and-balances system that reduces misuse and ensures inter-state coordination. Harnessing Waqf Assets for Developmental Goals : Reforms could unlock the economic potential of these properties by allowing them to be used, leased, or redeveloped for community-beneficial projects—like schools, hospitals, and skill centers—within the bounds of Islamic law. The bigger picture: Reform is respect These steps are not about erasing identity, they are about protecting and honoring the true spirit of waqf: charity, education, and social upliftment. In doing so, the government is recognizing that communities must be empowered through reform, not manipulated through status quo. Lord Krishna in the Bhagavad Gita says, 'Change is the law of the universe. One who resists change is resisting life itself.' This sentiment, echoed in all great religious philosophies, holds especially true for institutions like waqf, which cannot afford to remain frozen in time. To claim that modernization equals marginalization is a dangerous inversion of logic. It is akin to saying a leaking roof must not be repaired because the house is old. What good is heritage if it cannot serve the present and secure the future? A call to the community: Rise above fear, embrace reform The real danger to Muslim waqf institutions is not the government, but those who trade fear for influence. These reform-blockers often have vested interests in the opacity of the system. They are not protecting the community, they are protecting their control over its assets. True leadership lies in empowering the community with clean, audited, and high-functioning institutions. That is precisely what this amendment seeks to do. The future is faith with accountability India is home to one of the largest Muslim populations in the world. Its strength lies in the coexistence of faith and law, tradition and innovation. Reforms to the Waqf Act are not an attack, they are an opportunity. An opportunity to protect legacy, ensure justice, and unlock the potential of community wealth for generations to come. Let us not allow motivated voices to derail a reform that holds the promise of dignity, transparency, and progress for the Indian Muslim community. Let facts, not fear, lead the way. The recent legislative changes offer a promising framework. It is time to rise above politically motivated noise, embrace reform, and ensure that the legacy of waqf becomes one of hope, progress, and dignity – not just for Muslims, but for the Indian nation as a whole. Facebook Twitter Linkedin Email Disclaimer Views expressed above are the author's own.
Indian Express
20-05-2025
- Politics
- Indian Express
New law designed to capture waqf by non-judicial process: Sibal in SC
As the Supreme Court began hearing the challenge against the amendments to the waqf law Tuesday, Senior Advocate Kapil Sibal told the top court that though the 2025 Act claims to be for protection of waqf, it was 'in reality… designed to capture waqf through a process which is non-judicial… executive.' Appearing for one of the petitioners, who have sought interim stay of the Waqf (Amendment) Act, 2025, Sibal told the top court, 'Private properties are being taken away only because there is some dispute.' 'We don't know what the nature of the dispute is. And when that dispute happens, a person is appointed, who is higher than the Collector. And that person will decide the dispute on his own. He will give a report. But by the time that report is given… we don't have the time frame…. And while that report is pending, the property is taken away… without following any procedure. It's no longer waqf property,' Sibal said. With the person deciding the dispute being a government official, it is a case of 'the government deciding its own dispute without any judicial procedure,' Sibal said. Sibal also challenged the amended Act doing away with the concept of waqf-by-user prospectively. He said waqf-by-user was recognised by the Supreme Court in its Ayodhya judgment, which said it is a religious practice that has continued for hundreds of years. 'How have they done away with it? They say that in the 1913 Act, the 1923 Act, the 1954 Act, and the later acts, there was a requirement for registration. And because you did not register, therefore, any waqf which is not registered will not be regarded as waqf. So many of these waqfs-by-users were created 100 years ago, 50 years ago, 200 years ago, 500 years ago, where will you get them?' The court asked if it is a matter of fact that under the enactments of 1913, 1923, and so on, there is a mandatory requirement for registration? Sibal said the language used is, 'shall be registered'. 'But the consequences of non-registration were not set up in the end. The consequences of non-registration, this is the first time in the 2025 Act,' he said. CJI B R Gavai said, 'Merely using shall may not make it mandatory. Were there any consequences provided in those eyes for non-registration? If consequences are provided, then it will be mandatory.' Sibal responded that 'from 1913 to 2023, though there was provision for registration of waqf, no consequences were provided for non-compliance except removal of the Mutawalli.' Sibal also that Section 3E of the 2025 Act, which says waqfs cannot be created over Scheduled Tribe areas, violates the fundamental rights of Muslims who belong to Scheduled Tribes as they cannot create waqf using their lands. He also contested the provision allowing nomination of non-Muslims to the Central Waqf Council and the State Waqf Boards, saying it 'is violative of Articles 25 and 26.' The bench, which also comprised Justice Augustine G Masih, did not agree with Sibal's submission that the amendment allows non-Muslims to be in the majority even in the Central Waqf Council, saying that only a maximum of two non-Muslims can be nominated, apart from the ex-officio members. 'Even two is too many,' Sibal said, adding that persons from other religions are not allowed in boards for administering Hindu endowments. Appearing for another petitioner, Senior Advocate A M Singhvi referred to Section 3(r) of the 2025 Act, which says that the person dedicating property as waqf must have been practising Islam for at least five years. 'Which other religion at the point of making a religious endowment, by whatever name called, is asked for proof of that religion, professing or practising?' he said. He said this is directly contrary to Article 15 of the Constitution and the state is 'discriminating by using Parliament to pass a law'.
The Hindu
13-05-2025
- Politics
- The Hindu
Petitions challenging Waqf Act in SC: What concerns are flagged for adjudication?
The petitions challenging the Waqf (Amendment) Act, 2025, are set for hearing on May 15. They will be heard by a Bench led by the Chief Justice designate B.R. Gavai. Earlier, a three-judge Bench led by outgoing Chief Justice Sanjiv Khanna had refused to put an interim stay on the amendments. But it did receive two assurances from the Union government: one, that no Waqf, including Waqf-by-user, shall be de-notified or suffer any character change until the next date of hearing; and secondly, no appointments would be made to the Central Waqf Council or the State Waqf Boards under the amended Sections 9 and 14 of the Waqf (Amendment) Act, 2025, which allowed the inclusion of non-Muslims, till the Court takes up the matter again. What are the apprehensions and general perceptions about how Waqf boards operate? What is the status of Waqf properties while the challenges to the law are being heard? What are the key issues raised by the petitions for adjudication? Guest: Shahrukh Alam, Supreme Court Advocate Host: G. Sampath, Social Affairs Editor, The Hindu Recorded by Sabika Syed and Jude Weston Edited by Shivraj S Produced by Jude Weston
