New Delhi: A parliamentary panel has recommended that existing Waqf properties will not be subject to retrospective scrutiny under the amended Waqf law, provided the property is not involved in a dispute or owned by the government. The recommendation aims to address concerns regarding the potential for reopening cases of previously registered Waqf properties under the revised legislation.
The Joint Committee on the Waqf Amendment Bill, in its 655-page draft report, clarified that the omission of the ‘waqf by user’ definition will be prospective. “The committee, in order to evade such apprehensions, proposes that a proviso clearly specifying that the omission of ‘waqf by user’ from the definition of waqf will apply prospectively,” the draft report stated. “This means that cases of existing waqf properties already registered as ‘waqf by user’ will not be reopened and will remain as waqf properties, even if they do not have a waqf deed.”
The report further emphasised that these provisions would only apply as long as the property is not subject to any legal dispute or owned by the government. The committee, chaired by BJP leader Jagdambika Pal, is scheduled to meet again on Wednesday to deliberate and adopt the draft report.
However, Opposition leaders have expressed concern over the rushed timeline for reviewing the 655-page draft. “The parliamentary committee on Waqf Bill has been reduced to a farce,” said DMK leader A Raja. “We were told that the draft report of the committee and its bill will be discussed tomorrow at 10 am. It is a 655-page report which has been sent to us just now,” he added, criticising the insufficient time given to members to examine the report and submit their comments.
Congress leader Mohammed Jawed also accused the BJP of attempting to bypass Opposition voices in the matter. “This is how the BJP operates—rushing through processes, silencing voices, and pushing their agenda to take control of waqf properties. This isn’t just about land; it’s about our rights, our identity, and our community’s future,” said Jawed, a member from Bihar’s Kishanganj.
In addition to provisions concerning property disputes, the committee has also recommended annual audits for waqf properties with incomes exceeding Rs 1 lakh, aiming to improve accountability and transparency in their administration. The committee has also favoured the removal of the district collector from handling inquiries into disputes involving government properties. Instead, the amendment suggests that an officer above the rank of a collector be designated for such inquiries.
One of the most controversial amendments was the inclusion of non-Muslims in the Waqf Board. The panel’s report proposed that two members of the board, excluding ex-officio members, should be non-Muslims. This provision has raised concerns among Muslim bodies, with some arguing that it may affect the impartiality of the board in managing waqf properties