Waqf Amendment Bill, 2024: Explaining Salient Features and Overall Assessment of Merits and Flaws
Published : Nov 13, 2024 08:06 IST - 12 MINS READ A fair assessment is needed of the Waqf Bill, 2024, introduced in the Lok Sabha on August 8, to understand its salient features and to see how these can improve the efficiency and administration of waqf properties or how they harm the cause of “one nation, one law” in the sense that they are at variance with similar laws such as the Bihar Hindu Religious Trusts Act, 1950; the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959; and the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987. Moreover, since even all Hindus—defined in Article 25 of the Constitution as Sikhs, Jains, and Buddhists—cannot be members of temple boards, unless the government is willing to admit non-Hindus, Hindu Dalits, and OBCs in temple boards, such a provision for Waqf Boards alone goes against the policy of “one nation, one law”. Highlights The Waqf Bill, 2024, differs from similar laws such as the Bihar Hindu Religious Trusts Act, 1950, the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, and the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987. The concept of “immemorial user” has been recognised under British common law and Hindu endowment laws.. • Most old graveyards are waqf by users and may not have waqf deeds.
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