BCI submits comprehensive analysis of Waqf (Amendment) Bill, 2024 to Joint Parliamentary Committee

New Delhi (India), Nov 4 (ANI): The Bar Council of India (BCI) has submitted a comprehensive analysis of the Waqf (Amendment) Bill, 2024 to the Chairperson of the Joint Parliamentary Committee, Jagdambika Palu.

The submission highlights the important implications of the proposed amendments for the management of waqf properties in India.

In its report, the BCI emphasized the need for a modern regulatory framework, reflected in the proposed renaming of the Act, to focus on “governance, empowerment, efficiency and development”. This change is aimed at increasing transparency and ensuring optimal use of waqf property. for the welfare of the community, drawing support from judicial precedents that favor the development of a legal framework, BCI said in a press statement.

“In our analysis, we considered potential criticisms, responses to anticipated legal challenges, and jurisprudential perspectives on several relevant sections of the bill. The report is carefully structured to offer a balanced view of the amendment’s purpose and potential impact, emphasizing current administrative needs. while preserving the constitutional principles,” the BCI noted. Renaming the Act to emphasize “governance, empowerment, efficiency and development” is consistent with the need for a comprehensive regulatory update. This change reflects a strategic shift towards transparency, efficiency and optimal use of waqf properties for the welfare of the community, a shift supported by judicial precedents that support changing the legislative framework to meet modern needs, it added. The report draws attention to precedents that emphasize the need for legal evolution of waqf property management, referring to landmark court decisions.

These changes aim to strengthen effective, transparent practices that prevent historical challenges such as mismanagement and encroachment while remaining sensitive to religious principles. The proposal to centralize waqf property records and speed up digital documentation is consistent with best administrative practice. Such measures are expected to reduce encroachments and improve governance, ultimately benefiting the waqf community and the general public. The amendment also proposes to include non-Muslims, women and members of various sects on waqf boards and boards, enhancing inclusivity. The move encourages balanced and impartial oversight, ensuring a holistic approach to the management of waqf properties and adhering to the principles of equality and diversity. “By providing for appeals outside the tribunal, the amendment strengthens judicial oversight and safeguards against arbitrary or potentially biased tribunal decisions, thereby promoting justice and accountability,” BCI Chairman Manan Kumar Mishra said in a press statement. (ANI)