While one section of the proposed Waqf Amendment Act gives boards the power to frame rules for their functioning, another clause by transferring these powers to the central government reduces the body to a mere cipher.
This is one of the anomalies of the proposed Waqf amendment bill pointed out by a representation made to the Joint Parliamentary Committee (JPC) examining the bill. The said representation, with inputs from the legal fraternity, has been drafted by Syed Mohammed Haider Rizvi.
The proposed change also hits Waqf financially by reducing the contribution to the board from the income of the Waqfs from seven to five per cent. The representation notes that Waqfs reel under a shortage of funds and with the existing financial structure too, are hard-pressed to pay employees. In UP, salaries of over 36 months have been pending with regard to the employees and staff of the Uttar Pradesh Shia Central Board of Waqfs. The representation suggests that under the current scenario, there should be an increase not a decrease in the contribution to the boards.
The amendments will also make litigation more contentious as the proposal is to centralise these at the state- level. It also notes that rather than having retired officers as members of such tribunals, membership should be given to those who have specialised knowledge of Islamic law. Appointing retired government officers would come with the danger of having such people at the helm of affairs who align themselves with the thought process of the government of the day.
The representation is also in disagreement with the proposal that non-Muslims be barred from donating to Waqf properties. This is opposed to the country’s syncretic traditions and is thus a ‘regressive’ measure, notes the representation.
The overall argument is that though the bill purports to augment the powers of State Waqf Boards, in reality, it divests them even of existing authority.
‘The determination of Waqf properties, removal of encroachments, and registration of waqf have been relegated to revenue officials, which is a serious concern, given the nature of responsibilities these revenue officers have been assigned, and the huge pendency of the tasks which they presently undertake, which will burden them further and delay the actions, and thereby cause a serious miscarriage of justice. The proposed amendments distort the definition of waqf, sowing seeds of discord’, notes the representation.
