Waqf Law: The Waqf Amendment Act was implemented across the country, The Central government issued a notification; Know what is in the new law
President draupadi murmu approved the Waqf Amendment Act on april 5. It was passed during the budget session of Parliament. On Tuesday, the central government issued a notification to implement the Waqf Amendment Act. Let us know what changes have been made in the new Waqf law...
The Waqf Amendment Act has come into force across the country from today. The Central Government has issued a notification that the Waqf Act has been made effective from april 8. Last week, the parliament and the President approved the Waqf Amendment Act. After this, it was not decided when the new law would come into force. On Tuesday, the Central Government issued a notification saying that the Waqf Amendment Act would be effective from april 8.
President draupadi murmu approved the Waqf Amendment Act on april 5. It was passed by the parliament during the budget session. The Law Ministry notification said that the President has given his assent to both the bills. On april 4, the rajya sabha passed the bill with 128 votes in favor and 95 against, while the lok sabha approved the bill on april 3 after a long debate. Here 288 MPs voted in its favour and 232 against it.
10 petitions filed in supreme Court
A total of more than 10 petitions have been filed in the supreme court against the Waqf law, including petitions from politicians, the All india Muslim Personal Law Board, and Jamiat Ulama-e-Hind. These petitions challenge the validity of the newly enacted law. The central government has filed a caveat in the supreme court regarding this.
An important change in the law is that the clause of the user by Waqf has been removed, and it has been made clear that cases related to Waqf property will no longer be opened retrospectively, unless they are disputed or government property. Apart from this, the inclusion of non-Muslims in the Waqf Boards has been supported, so that they can become interested in Waqf matters or parties to disputes.
The new law has made many important changes in the functioning of Waqf Boards, such as now it is proposed to nominate non-Muslim and at least two women members in the board. Apart from this, the Central Waqf Council will have a Union Minister, three MPs, two former judges, four persons of 'national repute' and senior government officials, none of whom will belong to the Islamic religion.
Let us tell you that in the bill introduced in parliament in august 2024, the district Collector was given the power to investigate cases of disputes related to Waqf. However, the JPC agreed to abolish the power of the district Collector and proposed to give the state government the right to nominate a senior officer to investigate these cases.
Under the existing law, it is necessary to provide information about every Waqf property registered in the central database within six months after the implementation of the Act. Not only this, any government property in the database will be marked with the district Magistrate, who will be able to investigate the issue later. This amendment included in the law states that if the Waqf property is not put in the central portal, then the right to go to court in case of encroachment or dispute on Waqf land will end. However, another approved amendment will now give the Mutawalli (caretaker) the right to extend the period for registration in certain situations after the satisfaction of the Waqf Tribunal in the state.
Under the Waqf Act, of 1995, the Waqf Tribunal was given the freedom to work like a civil court. Its decision was considered final and universally accepted. These could not be challenged in any civil court. In such a situation, the power of the Waqf Tribunal was considered above the civil court. However, now the method of formation of the Waqf Tribunal is also being changed in the law. It states that the Wakf Tribunal will have a district Judge and a Joint Secretary rank officer of the State government as a member. The Wakf Amendment Bill states that the decision of the tribunal will not be final and can be challenged in the High Court.
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