Waqf panel report urges ‘compassionate’ view of tenant concerns, raises ASI list

On the ‘Waqf by user’ issue, which implies that if a property is being used as Waqf it will continue to be so, the committee is learnt to be of the view that the removal of the provision from the legislation will not have an impact on registered Waqf in the absence of a Waqf deed.

The committee, it is learnt, has suggested that the omission of ‘Waqf by user’ from the definition of Waqf should apply prospectively, and that cases of existing Waqf properties already registered as ‘Waqf by user’ not be reopened.

The committee, however, is of the view that this clause should be subject to the condition that the property is not involved in a dispute or is a government property.

The Waqf Act of 1995 states that “Waqf includes a Waqf by user, but such Waqf shall not cease to be a Waqf by reason only of the user having ceased irrespective of the period of such cesser.”

When the proposed Bill was tabled in Parliament in August last year, it had sought to omit the provisions relating to ‘Waqf by user’, making a Waqf property suspect in the absence of a valid Waqf deed.

It is learnt that the committee, while noting submissions made by the tenants’ associations about their long-term association with Waqf properties, has underlined the need to address their concerns compassionately during the formulation of lease rules.

The panel wants the Ministry of Minority Affairs to consider the concerns of Waqf tenants across the country and introduce laws that allow for long-term leases to keep their legitimate rights safe.

It is learnt that the committee is of the view that protection should be given to Scheduled Tribes and tribal lands under provisions of the Constitution.

It wants the Ministry of Minority Affairs to take legislative steps to stall declaration of tribal lands as Waqf land so that scheduled areas and tribal areas are protected.

The committee, it is learnt, has also flagged that it was told by the Archaeological Survey of India that 280 protected monuments had been declared as Waqf

properties across the country.

It is of the opinion that separate boards for Bohra and Aghakhani communities will give them the independence to manage the affairs of their respective communities as per their distinct religious practices. The Waqf (Amendment) Bill, 2024 had an amendment for the same.