Article 26 grants religious denominations the right to manage their own affairs, including property.
Article 13(2) prohibits the state from making laws that abridge these rights.
Infringements on Waqf Rights
Uttar Pradesh Sri Kashi Vishwanath Temple Act: Restricts non-Hindu membership in the management.
Religious Endowments Act: Requires members of management committees to be of the same religion.
Waqf Bill 2024 Proposes reserving seats for non-Muslims in Waqf Council and State Waqf Boards, and removing the requirement of being Muslim for most seats.
Contradictions with Previous Efforts
JPC Waqf and Justice Sachar Committee Both conducted extensive research and consultations before drafting the Waqf (Amendment) Act 2013.
The Ministry did not conduct similar consultations before drafting the Waqf Bill 2024.
Issues with Waqf Bill 2024
The bill attempts to omit provisions that strengthen waqf administration.
The Central Waqf Council (CWC) has had vacant positions for years, hindering its functioning.
The Ministry has appointed a non-Muslim secretary to the CWC, violating existing law.
The bill proposes to reduce Muslim representation in the CWC and State Waqf Boards.
The bill proposes having at least two women in these bodies, which was already implemented in 2013.
The bill proposes changes to the Waqf tribunal, including removing the expert on Muslim law and weakening its powers.
The bill requires all waqfs to re-register on a new portal, potentially denying legal rights to some.
The bill proposes to discontinue the mandatory implementation of the donor's will Mansha-e-Waaqif.
The bill withdraws the application of the Limitation Act to waqf properties.
Recommendations
The Ministry should reconstitute the CWC in accordance with existing law.
The reconstituted CWC should conduct consultations with stakeholders across India.
Fill the vacant positions in the CWC to ensure its proper functioning.
Retain the requirement of 100% Muslim membership in the CWC and State Waqf Boards.
Issue a clarification regarding the gender equality proposal.
Re-examine the proposed changes to the Waqf tribunal.
Ensure that the bill is drafted and processed in accordance with proper procedures.
Clarify the number of waqf properties in India and provide accurate data.
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