Is The Waqf Bill Unconstitutional & Inconsistent Against Article 26 Of Constitution Of India?

Why Is Government Amending WAQF LAW?

The central government is planning to bring a bill in parliament to amend the Wakf Act, 1995 – a law governing Waqf board- to ensure more accountability and transparency in their functioning and mandatory inclusion of women in these bodies.

 What is Waqf and Waqf Act, 1995?

Waqf is a permanent dedication of movable or immovable properties for religious, pious or charitable purposes as recognised by Muslim Law. The assets donated and notified as waqfs are known as ‘Auqaf’, while a person making the dedication known as ‘Wakif’.

The Waqf Act, of 1995 was enacted to regulate ‘Auqaf’ by the wakif into the legislation and the act was later amended in 2013 by the UPA government.

There are 30 (thirty) Waqf boards in the country and the revenue generated by them is over Rs. 200 crore per annum.

The bill to amend the act will make it mandatory for Waqf board to register their properties with district collectors to ensure their actual valuation.

Renaming the Waqf act, 1995 and Key Changes proposed

The Waqf Bill, is set for introduction in the Lok Sabha, aiming to rename the Waqf Act, 1995, as the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995.

The bill to amend the law governing Waqf boards has proposed far reaching changes in the present Act, including ensuring the representation of Muslim women and non-Muslim in such bodies.

Is All India Muslim Personal Law Board (AIMPLB) is prepared to accept the Waqf bill?

The All-India Muslim Personal Law Board (AIMPLB) is not prepared to accept the Waqf Bill even if it is passed by the Parliament in its present form.

The All-India Muslim Personal Law Board (AIMPLB) is likely to explore legal options if the bill is passed. The board will tap all democratic and constitutional means to pressure the government to withdraw the proposed amendment in the current parliament sessions.

They say the Bill is designed to manipulate status of Waqf properties.

Conclusion

The Winter Session of the Parliament began on November 25 but faced early disruptions, resulting in adjournment of both Houses for the day.

No sitting was held on November 26, on the occasion of the 75th Constitution Day.

We will keep you updated.