Introduction:
- The Joint Parliamentary Committee (JPC) on the Waqf (Amendment) Bill concluded its deliberations, marking a significant milestone in the legislative process.
- Out of over 500 proposed amendments, 32 were accepted, all from the ruling party and its allies.
Key Amendments:
1. Retention of “Waqf by User” Concept with Modifications:
o The original Bill aimed to remove the "Waqf by User" concept, which allows properties used for religious purposes for a long time to be considered Waqf.
o A compromise was reached, where "Waqf by User" properties will remain Waqf, except those in dispute or government facilities, with a requirement for registration before the law takes effect.
2. Inquiry into Disputes:
o The Bill initially proposed that disputes regarding government properties be handled by the District Collector.
o The JPC modified this provision, allowing the state government to designate an officer above the rank of a collector to handle such inquiries.
3. Inclusion of Non-Muslims in the Waqf Board:
o The Bill originally proposed the inclusion of two non-Muslim members in the Waqf Board.
o The JPC amendment allows for up to four non-Muslim members, as it excluded ex-officio members from the count.
4. Extension of Time for Property Registration:
o The original Bill required Waqf properties to be registered on a website within six months of the new Act coming into force.
o An amendment was introduced, allowing the caretaker (Mutawalli) of Waqf properties to extend the deadline, with the approval of the Waqf tribunal in the state.
5. Inclusion of an Expert on Muslim Law in Tribunals:
o An amendment was accepted that mandates the inclusion of a member with expertise in Muslim law and jurisprudence in Waqf tribunals.
o This is aimed at ensuring that the tribunals have the necessary legal expertise to handle religious disputes effectively.
About JPCs:
JPCs are ad-hoc bodies set up through motions in Parliament. Members include MPs from both Lok Sabha (LS) and Rajya Sabha (RS), with LS having twice the representation. They act as mini-Parliaments for detailed scrutiny of specific issues within a set timeframe.
JPC recommendations are persuasive but not binding. The government may initiate investigations or take follow-up actions based on these reports.