April 2, New Delhi: In a significant legislative move, the central government has introduced the Waqf (Amendment) Bill, 2024, aimed at abolishing Section 40 of the Waqf Act, a provision that previously allowed Waqf Boards to unilaterally declare any land as Waqf property. Minority Affairs Minister Kiren Rijiju defended the move in Parliament, labeling Section 40 as the most draconian provision in the Act, one that had been misused for mass land conversions over the years.
End of Unchecked Waqf Property Expansion
Under the existing Waqf Act, Section 40 granted Waqf Boards and Tribunals the sole authority to designate disputed properties as Waqf land. Once a property was declared as such, its status could only be overturned by the Waqf Tribunal, making legal challenges difficult. Critics have long argued that this provision allowed for the unchecked expansion of Waqf properties, often without proper due process.
Rijiju emphasized that the amendment would ensure that such decisions could now be challenged in regular courts, ending the unilateral power of Waqf Boards. He further stated that the Bill does not “snatch” land from any community, as alleged by some opposition leaders, but rather ensures fair legal proceedings in property disputes.
The “UMEED” Bill: A New Framework for Waqf Property Management
The Waqf (Amendment) Bill, 2024, will be rebranded as the “UMEED” Bill (Unified Waqf Management Empowerment, Efficiency, and Development Bill). The new name reflects the government’s aim to streamline and regulate Waqf property management more transparently.
Government data reveals that India’s Waqf Boards currently oversee 8.72 lakh properties, covering over 9.4 lakh acres of land across the country. There are 30 Waqf Boards operating nationwide, managing these assets under the Waqf Asset Management System of India.
According to Rijiju, Section 40 had been exploited by a select few for personal gains, leading to a massive surge in Waqf properties over the years. By removing this provision, the government aims to restore accountability and prevent arbitrary land conversions.
A Controversial but Necessary Reform?
While the abolition of Section 40 has been hailed as a step toward legal transparency, it has also sparked debate. Opposition leaders argue that this move might weaken Waqf institutions, while supporters insist it protects rightful landowners from sudden and unfair takeovers.
With the UMEED Bill set to reshape Waqf land management, the coming weeks are likely to see intense discussions in Parliament and beyond. For now, one thing is clear: no land in India can be turned into Waqf property overnight anymore.
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