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NEW DELHI: Amid opposition’s demand that it’s despatched to a joint committee, the government is ready to introduce the Wakf (Modification) Invoice, 2024, in Lok Sabha on Thursday that proposes far-reaching modifications to restrain the powers of Wakf Boards to declare a property as ‘Wakf’ and introduce an in depth course of to take action, together with preliminary survey by the district Justice of the Peace as an alternative of the survey officer of the board as a pre-requisite for any such dedication.
The invoice seeks to broaden the composition of the Central Wakf Council and state Wakf Boards by offering for illustration of Muslim ladies and non-Muslim members. The invoice additionally gives for a full-time chief government officer of Wakf Boards to be appointed by the state govt and who shall not be beneath the rank of joint secretary to the state govt and never essentially a Muslim.
Probably the most crucial of the proposed amendments pertains to the repeal of Part 40 of the present regulation that empowers Wakf Boards to determine if a property is a Wakf asset, change within the composition of Wakf tribunals and permitting for appeals in excessive courts towards their selections inside 90 days.
Bid to introduce transparency, accountability in Wakf boards | web page 9
The govt. is ready to introduce a invoice to amend the Wakf Act, 1995, to test the unbridled powers, enhanced futher by a 2013 modification, of Wakf Boards in what has been termed an try and introduce transparency and accountability within the regulation and monitoring of over 8.7 lakh properties underneath management of state boards throughout the nation and weed out corruption. TOI explains what includes Wakf and what’s ailing administration of property underneath the boards.
What’s Wakf and what does it comprise by way of property?
Wakf refers to properties devoted solely for non secular or charitable functions underneath Islamic regulation. As soon as designated as Wakf, possession is transferred from the particular person making the Wakf (waqif) to Allah, making it irrevocable. These properties are managed by a mutawwali, appointed by waqif or a reliable authority. Wakf boards management 8.7 lakh properties spanning 9.4 lakh acres throughout India, with estimated worth of Rs 1.2 lakh crore. There are 32 Wakf boards, together with two Shia Wakf boards (in Uttar Pradesh & Bihar).
What are the challenges posed by the irrevocability of Wakf?
As soon as a property is asserted Wakf, it stays so eternally. This irrevocability has led to varied disputes and claims, a few of which, just like the declare on two islands in Guess Dwarka, have perplexed courts. Examples of another disputes embody the Bengaluru Eidgah floor, claimed as Wakf property from the 1850s, and the Surat Municipal Company constructing, claimed because of its historic use as a ‘sarai’ throughout Haj within the Mughal period. Kolkata’s Tollygunge Membership and Royal Calcutta Golf Membership are on Wakf land, so is ITC Windsor Lodge in Bengaluru. Encroachment on Wakf properties can be a problem.
How did Wakf and its regulation evolve?
The idea of Wakf in India dates again to Delhi Sultanate, with early examples together with Sultan Muizuddin Sam Ghaor’s (Muhammad Ghori) dedication of villages to Jama Masjid of Multan. Mussalman Wakf Act, 1923, marked the primary try to manage it. In impartial India, the Wakf Act was first handed by Parliament in 1954. It was changed by a brand new Wakf Act in 1995 which gave extra energy to Wakf boards. The accretion of energy has been accompanied by improve in variety of complaints of encroachment and unlawful lease and sale of Wakf properties. In 2013, the Act was amended and the modifications, many argue, conferred limitless powers on Wakf boards to assert properties within the title of Muslim charity. The amendments made sale of Wakf properties not possible. Neither the mutawwali (custodian) nor the Wakf board has rights to promote a Wakf property.
How are the sweeping powers sought to be curbed underneath the invoice?
Part 40 of the Wakf Act, 1995, offers Wakf boards the ability to determine if a property is Wakf property. There are complaints this energy has been misused by vested pursuits for property seize with the assistance of the corrupt Wakf forms. There have additionally been allegations of misuse of powers given to boards concerning appointment of mutawwalis and circumstances difficult appointment of managers. The invoice proposes to repeal the controversial part altogether and vest powers within the collector. Curiously, even international locations that comply with Muslim regulation would not have a Wakf physique with such powers.
How has the definition of Wakf modified from 1923 to 2013?
The principle change in definition was made in 2013, when the expression ‘everlasting dedication by an individual professing Islam’ was changed by ‘everlasting dedication by any particular person’. After this modification, it’s believed Wakf has opened the floodgates for dedication of property to Wakf boards by any particular person.
How circumstances and complaints have piled up
Disputes have mounted through the years, and the Wakf forms has been criticised for inefficacy, resulting in points like encroachment, mismanagement, possession disputes, and delays in registration and surveys. There are 40,951 circumstances pending in tribunals that are a part of the Wakf system. The issue is compounded by the absence of judicial oversight on selections of tribunals which solely comprise members of Wakf forms. The regulation has been underneath rising public scrutiny after 2013, with complaints coming from Muslim intellectuals, ladies and completely different sects similar to Bohras, and OBC Muslims.
Flaws within the enchantment course of are additionally a giant concern. For example, an enchantment towards a board choice lies with the tribunal however the latter has no timeline for disposal of circumstances. The tribunal’s choice is last and there’s no provision for enchantment besides underneath writ jurisdiction in excessive courts. Furthermore, some states don’t have tribunals, making the Wakf bureaucacy the final word arbiter.
In states with a single Wakf board, the necessity is felt to have illustration from minority sects amongst Muslims, like Bohras and Shias, in addition to OBC Muslims, the Pasmandas. Misuse of ‘Wakf-al-Aulad’ provision to disclaim inheritance rights to ladies and orphans in sure circumstances is one other concern sought to be aaddressed by the invoice.
What did Sachar Committee and different panels say on the Wakf system?
Sachar Committee’s 2006 report really useful want for regulation, environment friendly administration of data, inclusion of non-Muslim technical experience in Wakf administration and bringing Wakf underneath the scheme of monetary audit, amongst different issues. Equally, the joint parliamentary committee’s report on Wakf introduced to Rajya Sabha in March 2008 really useful revamping the composition of Wakf boards, proposing appointment of a senior officer as CEO for state Wakf boards, stringent motion for unauthorised alienation of Wakf properties, stringent punishment to mutawwalis for corruption, creating scope for intervention by HC in some circumstances, computerisation of Wakf boards and sufficient illustration to the Shia group within the Central Wakf Council.
What’s the broader thought behind the amendments?
The thought, govt says, is to modernise administration of Wakf properties, defend ladies’s rights, guarantee truthful illustration in Central Wakf Council and Wakf boards, cut back litigation, have efficient coordination with income dept and likewise present judicial oversight on tribunal selections.
What’s the Muslim Private Legislation Board saying?
The All India Muslim Private Legislation Board has referred to as the invoice an interference with private legal guidelines, and threatened to start out a mass motion. However the All India Sufi Sajjadanashin Council, the apex physique representing Sufi shrines, has welcomed govt’s proposal alleging Wakf boards work in a “dictatorial” method.
The invoice seeks to broaden the composition of the Central Wakf Council and state Wakf Boards by offering for illustration of Muslim ladies and non-Muslim members. The invoice additionally gives for a full-time chief government officer of Wakf Boards to be appointed by the state govt and who shall not be beneath the rank of joint secretary to the state govt and never essentially a Muslim.
Probably the most crucial of the proposed amendments pertains to the repeal of Part 40 of the present regulation that empowers Wakf Boards to determine if a property is a Wakf asset, change within the composition of Wakf tribunals and permitting for appeals in excessive courts towards their selections inside 90 days.
Bid to introduce transparency, accountability in Wakf boards | web page 9
The govt. is ready to introduce a invoice to amend the Wakf Act, 1995, to test the unbridled powers, enhanced futher by a 2013 modification, of Wakf Boards in what has been termed an try and introduce transparency and accountability within the regulation and monitoring of over 8.7 lakh properties underneath management of state boards throughout the nation and weed out corruption. TOI explains what includes Wakf and what’s ailing administration of property underneath the boards.
What’s Wakf and what does it comprise by way of property?
Wakf refers to properties devoted solely for non secular or charitable functions underneath Islamic regulation. As soon as designated as Wakf, possession is transferred from the particular person making the Wakf (waqif) to Allah, making it irrevocable. These properties are managed by a mutawwali, appointed by waqif or a reliable authority. Wakf boards management 8.7 lakh properties spanning 9.4 lakh acres throughout India, with estimated worth of Rs 1.2 lakh crore. There are 32 Wakf boards, together with two Shia Wakf boards (in Uttar Pradesh & Bihar).
What are the challenges posed by the irrevocability of Wakf?
As soon as a property is asserted Wakf, it stays so eternally. This irrevocability has led to varied disputes and claims, a few of which, just like the declare on two islands in Guess Dwarka, have perplexed courts. Examples of another disputes embody the Bengaluru Eidgah floor, claimed as Wakf property from the 1850s, and the Surat Municipal Company constructing, claimed because of its historic use as a ‘sarai’ throughout Haj within the Mughal period. Kolkata’s Tollygunge Membership and Royal Calcutta Golf Membership are on Wakf land, so is ITC Windsor Lodge in Bengaluru. Encroachment on Wakf properties can be a problem.
How did Wakf and its regulation evolve?
The idea of Wakf in India dates again to Delhi Sultanate, with early examples together with Sultan Muizuddin Sam Ghaor’s (Muhammad Ghori) dedication of villages to Jama Masjid of Multan. Mussalman Wakf Act, 1923, marked the primary try to manage it. In impartial India, the Wakf Act was first handed by Parliament in 1954. It was changed by a brand new Wakf Act in 1995 which gave extra energy to Wakf boards. The accretion of energy has been accompanied by improve in variety of complaints of encroachment and unlawful lease and sale of Wakf properties. In 2013, the Act was amended and the modifications, many argue, conferred limitless powers on Wakf boards to assert properties within the title of Muslim charity. The amendments made sale of Wakf properties not possible. Neither the mutawwali (custodian) nor the Wakf board has rights to promote a Wakf property.
How are the sweeping powers sought to be curbed underneath the invoice?
Part 40 of the Wakf Act, 1995, offers Wakf boards the ability to determine if a property is Wakf property. There are complaints this energy has been misused by vested pursuits for property seize with the assistance of the corrupt Wakf forms. There have additionally been allegations of misuse of powers given to boards concerning appointment of mutawwalis and circumstances difficult appointment of managers. The invoice proposes to repeal the controversial part altogether and vest powers within the collector. Curiously, even international locations that comply with Muslim regulation would not have a Wakf physique with such powers.
How has the definition of Wakf modified from 1923 to 2013?
The principle change in definition was made in 2013, when the expression ‘everlasting dedication by an individual professing Islam’ was changed by ‘everlasting dedication by any particular person’. After this modification, it’s believed Wakf has opened the floodgates for dedication of property to Wakf boards by any particular person.
How circumstances and complaints have piled up
Disputes have mounted through the years, and the Wakf forms has been criticised for inefficacy, resulting in points like encroachment, mismanagement, possession disputes, and delays in registration and surveys. There are 40,951 circumstances pending in tribunals that are a part of the Wakf system. The issue is compounded by the absence of judicial oversight on selections of tribunals which solely comprise members of Wakf forms. The regulation has been underneath rising public scrutiny after 2013, with complaints coming from Muslim intellectuals, ladies and completely different sects similar to Bohras, and OBC Muslims.
Flaws within the enchantment course of are additionally a giant concern. For example, an enchantment towards a board choice lies with the tribunal however the latter has no timeline for disposal of circumstances. The tribunal’s choice is last and there’s no provision for enchantment besides underneath writ jurisdiction in excessive courts. Furthermore, some states don’t have tribunals, making the Wakf bureaucacy the final word arbiter.
In states with a single Wakf board, the necessity is felt to have illustration from minority sects amongst Muslims, like Bohras and Shias, in addition to OBC Muslims, the Pasmandas. Misuse of ‘Wakf-al-Aulad’ provision to disclaim inheritance rights to ladies and orphans in sure circumstances is one other concern sought to be aaddressed by the invoice.
What did Sachar Committee and different panels say on the Wakf system?
Sachar Committee’s 2006 report really useful want for regulation, environment friendly administration of data, inclusion of non-Muslim technical experience in Wakf administration and bringing Wakf underneath the scheme of monetary audit, amongst different issues. Equally, the joint parliamentary committee’s report on Wakf introduced to Rajya Sabha in March 2008 really useful revamping the composition of Wakf boards, proposing appointment of a senior officer as CEO for state Wakf boards, stringent motion for unauthorised alienation of Wakf properties, stringent punishment to mutawwalis for corruption, creating scope for intervention by HC in some circumstances, computerisation of Wakf boards and sufficient illustration to the Shia group within the Central Wakf Council.
What’s the broader thought behind the amendments?
The thought, govt says, is to modernise administration of Wakf properties, defend ladies’s rights, guarantee truthful illustration in Central Wakf Council and Wakf boards, cut back litigation, have efficient coordination with income dept and likewise present judicial oversight on tribunal selections.
What’s the Muslim Private Legislation Board saying?
The All India Muslim Private Legislation Board has referred to as the invoice an interference with private legal guidelines, and threatened to start out a mass motion. However the All India Sufi Sajjadanashin Council, the apex physique representing Sufi shrines, has welcomed govt’s proposal alleging Wakf boards work in a “dictatorial” method.
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