WAQF : Evolve a Consensus

Dear Members of Lok Sabha – Rajya Sabha :

After a heated debate , Waqf Bill got passed by Lok Sabha , yesterday evening. Today , it will get debated in Rajya Sabha

I listened to the speeches made by a few members – from both the sides – and got an impression that the tone was adversarial . Emphasis was on pointing out “ what was WRONG with the bill “ . No one came forward to say “ Here is how that WRONG can be set RIGHT “   

I thought :

Since everyone ( in and out of the Government ) is swearing by employing AI for better decision making, could our MPs have sought help from leading LLMs ( AIs ) , to tell them , how this bill should get “ Re-worded “ ? If properly requested, could these LLMs have offered a “ compromise “ consensus ?

Following is my attempt at such requests to > Grok > Gemini > ChatGPT

I hope , even as the debate has started in the Rajya Sabha, some members find a few minutes to look this up

 

With regards,

Hemen Parekh

www.HemenParekh.ai  / 03 April 2025

 

Comparison of AI Model Suggestions on Waqf Act Amendments

Provision	Key Changes	Criticism & Concerns	Grok Suggestions	Gemini Suggestions	ChatGPT Suggestions
Power to Determine if a Property is Waqf	Transfers the authority to inquire and determine if a property is Waqf from the Waqf Board to revenue officials (Collectors).	- Critics argue this interferes in religious affairs, reducing Waqf Boards to administrative bodies without decision-making power. - Assigning this to Collectors raises concerns about their lack of expertise in Islamic law.	Hybrid Decision-Making Body: Create a joint panel of revenue officials and Waqf Board representatives to determine Waqf status. - Training for Collectors: Mandate training for Collectors on Islamic law and Waqf principles.	- Waqf Assessment Authority: Establish a specialized authority comprising legal experts, Islamic scholars, and revenue officials. - Capacity Building: Invest in resources for Waqf Boards to conduct preliminary inquiries.	- Specialized Waqf Tribunals: Form tribunals with members experienced in Islamic jurisprudence and property law. - Community Involvement: Engage local Muslim communities in the identification and verification process.
Survey of Waqf	Replaces the Survey Commissioner with Collectors to conduct Waqf surveys, to be done per state revenue laws.	- The shift to Collectors is criticized for lacking expertise in Waqf matters, potentially leading to inaccurate surveys. - Opposition highlights the unrealistic timeline (e.g., six months for registration).	- Specialized Survey Teams: Form dedicated teams comprising revenue officials, Waqf Board members, and Islamic law experts. - Flexible Timelines: Extend the registration timeline to 12 months.	- Technology-Driven Survey: Implement GIS mapping, satellite imagery, and AI-powered data analysis. - Community Participation: Involve local communities and Waqf stakeholders in the survey process.	- Digital Record-Keeping: Develop a centralized digital database for Waqf properties. - Regular Audits: Schedule periodic audits to ensure records remain accurate and up-to-date.
Central Waqf Council Composition	Adds two non-Muslim members to the Central Waqf Council. MPs, former judges, and eminent persons need not be Muslims, but representatives of Muslim organizations, Islamic law scholars, and Waqf Board chairpersons must be Muslims. Two women among Muslim members are mandated.	- Including non-Muslims is seen as an attack on Muslim autonomy, with critics calling it unconstitutional. - Arguments that non-Muslims lack the expertise to manage Waqf, a religious institution.	- Advisory Role for Non-Muslims: Limit non-Muslim members to an advisory role without voting rights. - Increase Women Representation: Mandate at least 30% of the Council be women.	- Balanced Representation with Functional Expertise: Retain a majority of Muslim members while including non-Muslims with expertise in finance, administration, and law. - Specialized Committees: Establish committees within the Council focusing on religious affairs, finance, and legal matters.	- Transparent Selection Process: Implement a clear and transparent process for selecting Council members. - Regular Consultations: Hold consultations with Muslim community leaders to align Council decisions with community needs.
Waqf Boards Composition	State government nominates members (one each from MPs, MLAs/MLCs, Bar Council) who need not be Muslims. Adds two non-Muslim members, one member each from Shia, Sunni, Backward Classes, Bohra, and Agakhani communities (if applicable), and two Muslim women.	- Nominating non-Muslims and government control over appointments is seen as a direct attack on Waqf autonomy. - Opposition argues it introduces sectarian divisions (e.g., Shia, Sunni) with “evil intent.”	- Election Over Nomination: Reinstate elections for Waqf Board members. - Non-Muslim Observers: Make non-Muslim members non-voting observers. - Sectarian Representation: Ensure sectarian representation is proportional to Waqf properties in the state.	- Hybrid Model of Selection: Retain some nominated positions for expertise (e.g., legal, financial) but introduce a system of elections for most members. - Community-Based Waqf Committees: Establish local Waqf committees at the district level to assist in governance.	- Merit-Based Appointments: Ensure appointments prioritize individuals with knowledge of Waqf law and administration. - Periodic Review: Establish a review mechanism to assess the performance of Waqf Board members.
Judicial Authority on Waqf Matters	Waqf Tribunals to be headed by retired judges, but Collectors can pass orders regarding Waqf property disputes.	- Critics argue that giving Collectors judicial power over Waqf matters undermines judicial independence. - Waqf Boards fear losing control over legal matters related to their properties.	- Independent Waqf Judiciary: Establish independent tribunals exclusively for Waqf-related cases. - Appeal Mechanism: Allow direct appeals from Waqf Tribunals to High Courts.	- Strengthen Waqf Tribunals: Ensure tribunals have members well-versed in Islamic law. - Separate Judicial Oversight: Keep revenue authorities out of judicial decision-making.	- Clear Appeals Process: Establish an appellate system where Waqf Board decisions can be reviewed by higher courts. - Expert Legal Panels: Involve legal experts in Waqf law to assist in tribunal decisions.
Utilization of Waqf Properties	Waqf Boards can lease properties for public purposes, including education, healthcare, and infrastructure projects, without prior government approval.	- Concerns over potential misuse or encroachment by state agencies. - Critics argue this could lead to the gradual loss of Waqf properties over time.	- Transparent Leasing Mechanism: Set up an independent leasing committee with public disclosures of all agreements. - Revenue Reinvestment: Mandate that lease revenue is reinvested into Waqf welfare programs.	- Strict Lease Regulations: Impose strong legal safeguards to prevent encroachment. - Community-Based Oversight: Establish local monitoring committees to oversee leasing decisions.	- Technology for Transparency: Use blockchain-based property management for transparent leasing records. - Periodic Review of Leases: Mandate periodic reviews to ensure continued compliance with Waqf objectives.
Legal Protection of Waqf Lands	The Act makes encroachment on Waqf property a criminal offense with stringent penalties, but allows the government to acquire Waqf land for national development projects.	- Critics fear this provision could be misused to take over Waqf land under the guise of “development.” - Waqf Boards have historically struggled to reclaim encroached lands, raising concerns about enforcement.	- Clear Acquisition Criteria: Define strict criteria for government acquisition to prevent arbitrary takeovers. - Fair Compensation Mechanism: Ensure market-rate compensation for acquired Waqf lands.	- Waqf Land Bank: Establish a digital registry of Waqf lands to prevent unauthorized transfers. - Independent Adjudication: Require judicial approval before acquiring Waqf land for public projects.	- Waqf Property Protection Authority: Create a dedicated authority to monitor and prevent illegal land acquisitions. - Public Consultation Process: Mandate public hearings before acquiring any Waqf land.

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Provision	Proposed Change	Concerns & Criticism	Grok’s Suggestions	Gemini’s Suggestions	ChatGPT’s Suggestions
Renaming the Waqf Act, 1995	Renames the Waqf Act, 1995, to the Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995 (UMMEED) to emphasize better management.	- Critics see renaming as superficial without addressing mismanagement and encroachment. - Opposition claims it’s politically motivated to reshape Muslim community autonomy.	- Clarify Intent in Preamble: Ensure the preamble explicitly states that renaming aims to enhance efficiency, not alter religious aspects. - Engage Stakeholders: Mandate consultations with AIMPLB and other Muslim organizations before renaming.	- Retain Original Name: Keep Waqf Act, 1995, and introduce a new section highlighting UMMEED principles (Management, Empowerment, Efficiency, Development). - Create Standing Advisory Council: Include scholars, legal experts, and government officials for ongoing consultation.	- Symbolic Recognition Without Renaming: Keep the name unchanged but introduce a dedicated section explaining UMMEED as guiding principles. - Ensure Ongoing Stakeholder Involvement: Set up a permanent advisory body with Muslim organizations and legal experts to oversee implementation.
Formation of Waqf	- Only a person practicing Islam for five years can declare a Waqf. - Removes ‘Waqf by User’ (properties recognized as Waqf through long-term public use). - Ensures Waqf-alal-aulad does not deny inheritance rights, including for women.	- The five-year rule is restrictive and excludes genuine donors. - Removing ‘Waqf by User’ might invalidate historical Waqfs like Bengaluru Eidgah ground. - Women’s inheritance rights may conflict with certain interpretations of Islamic law.	- Modify Five-Year Rule: Reduce to two years or allow a formal declaration of intent to follow Islamic principles. - Grandfather Clause for ‘Waqf by User’: Allow existing Waqf-by-user properties to continue under one-time verification by the High Court. - Clarify Inheritance Rights: Ensure Waqf-alal-aulad follows Islamic law under expert interpretation.	- Tiered Declaration Framework: Tier 1: Large Waqfs follow stricter criteria. Tier 2: Small, community-based Waqfs have a simpler process, with local Waqf committee verification. - Document and Preserve Waqf by User: Register existing ‘Waqf by user’ properties rather than abolishing them.	- Flexible Eligibility Rule: Instead of a fixed five-year rule, introduce a self-attested declaration with community verification. - Structured Verification for Waqf by User: Rather than removing the concept, establish a process where historical usage is reviewed by a neutral panel. - Mediation Committee for Disputes: Set up an expert panel of Islamic scholars and legal professionals to resolve inheritance-related ambiguities.
Government Property as Waqf	- Any government property identified as Waqf will cease to be Waqf. - The Collector determines ownership disputes and updates revenue records if deemed government property.	- Critics argue this gives excessive power to the government, risking arbitrary reclassification of Waqf properties. - Historical claims (e.g., Surat Municipal Corporation building) may be nullified, causing unrest.	- Independent Oversight Committee: Create a neutral review body (Muslim scholars, legal experts, revenue officials) to examine disputed Waqf properties. - Appeal Mechanism: Allow Waqf Boards to challenge Collector’s decision in High Court within 120 days.	- Burden of Proof on Government: The government must prove that a property is not Waqf before reclaiming it. - Multi-Level Review Process: Introduce a special tribunal for Waqf property disputes.	- Transparent Review Mechanism: Ensure a multi-tiered process where decisions are reviewed at district, state, and national levels before final reclassification. - Historical Preservation Requirement: Properties with longstanding Waqf claims should undergo a historical assessment before any ownership change.

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Provision	Proposed Change	Concerns & Criticism	Grok’s Suggestions	Gemini’s Suggestions	ChatGPT’s Suggestions
Composition of Tribunals	- Replaces the requirement of a member knowledgeable in Muslim law with a current/former officer of joint secretary rank. - Chairman must be a current/former District Court judge.	- Removing Islamic law experts undermines the Tribunal’s ability to adjudicate Waqf disputes per Muslim law (PRS India, 2024-08-07). - Opposition argues this dilutes the religious character of Waqf governance (The Hindu, 2025-04-02).	- Retain Islamic Law Expert: Reinstate the requirement for a member with expertise in Muslim law to ensure decisions align with Islamic principles. - Judicial Training: Provide mandatory training on Waqf and Islamic law for Tribunal chairpersons, ensuring informed adjudication.	- Specialized Waqf Tribunals: Establish dedicated Waqf Tribunals with the following composition: 1. A judicial member (retired High Court judge or senior District Judge). 2. A member with expertise in Islamic law and Waqf jurisprudence. 3. A member with expertise in property law and administration. - Continuous Legal Education: Mandate ongoing legal education and training for all Tribunal members, focusing on: 1. Recent developments in Waqf law. 2. Islamic jurisprudence. 3. Best practices in dispute resolution.	- Hybrid Tribunal Composition: Ensure a balanced tribunal with: 1. A senior judicial officer (District Judge or above). 2. A Waqf law expert (scholar in Islamic law or a legal expert specializing in Waqf). 3. A neutral administrator with governance experience. - Periodic Review of Tribunal Decisions: Introduce a legal review mechanism where Tribunal decisions are assessed annually for consistency with legal and religious principles.
Appeal on Orders of Tribunals	Removes the finality of Tribunal decisions, allowing appeals to the High Court within 90 days.	- While this is seen as a positive step for judicial oversight, the 90-day appeal window is considered too short by some (PRS India, 2024-08-07). - Critics like Vishnu Shankar Jain argue the Tribunal structure itself remains problematic, as it doesn’t address reclaiming illegally declared Waqf properties (Indian_Analyzer post on X, 2025-03-20).	- Extend Appeal Window: Increase the appeal period to 120 days, giving parties sufficient time to prepare cases. - Reclamation Mechanism: Introduce a provision for a special High Court bench to handle cases of illegally declared Waqf properties, addressing concerns about historical misuse.	- Structured Appeal Process: Implement a tiered appeal process: 1. First Appeal: To a larger bench of the Waqf Tribunal itself. 2. Second Appeal: To the High Court, with a reasonable timeframe (e.g., 120 days). - Specialized Waqf Benches in High Courts: Establish specialized benches within the High Courts to handle Waqf property disputes, ensuring expertise and efficient resolution.	- Graduated Appeal System: 1. Tribunal verdicts can be appealed within 120 days. 2. Create a dedicated Appellate Waqf Tribunal with members from the judiciary and Waqf law specialists. 3. If disputes persist, cases may be referred to the High Court. - Waqf Property Verification Committee: Set up a permanent legal oversight body to review cases where Waqf status is disputed, ensuring historical legitimacy before reclaiming properties.
Powers of the Central Government	- Central government can make rules on registration, accounts publication, and Waqf Board proceedings. - Empowers the central government to audit Waqf accounts via CAG or a designated officer.	- Opposition leaders like Akhilesh Yadav argue this gives the government undue control, undermining Waqf autonomy (DD News, 2025-03-31). - Central audits are seen as overreach, potentially leading to political interference (Frontline, 2025-04-01).	- State-Level Oversight: Allow state governments to retain primary audit powers, with central audits only in cases of significant discrepancies, reducing fears of overreach. - Transparency in Rule-Making: Mandate public consultation with Waqf stakeholders before the central government frames rules, ensuring community input.	- Collaborative Rule-Making: Establish a joint committee comprising: 1. Representatives from the Central Waqf Council. 2. Representatives from State Waqf Boards. 3. Legal experts. - This committee would be responsible for drafting rules and regulations, ensuring a collaborative approach. - Independent Audit Oversight: Instead of direct central government audits, establish an independent Waqf Audit Authority comprising: 1. Chartered accountants with expertise in non-profit accounting. 2. Legal experts specializing in Waqf law. 3. Representatives from Muslim organizations. - This authority would conduct regular audits and report its findings publicly, ensuring transparency and accountability.	- Balanced Regulatory Approach: 1. Central Government may suggest reforms, but State Waqf Boards must approve and implement them. 2. Independent Audit Body: Instead of CAG audits, create a National Waqf Financial Review Committee with members from state Waqf boards, auditors, and legal experts. 3. Public Accountability Portal: Mandate annual financial disclosures on a public website, ensuring transparency without political interference.
Waqf Boards for Bohra and Agakhani	Allows separate Waqf Boards for Bohra and Agakhani sects, in addition to Sunni and Shia boards, if their Waqf properties exceed 15% of the state’s total.	- While this aims for inclusivity, critics like Kalyan Banerjee argue it promotes sectarianism, potentially dividing the Muslim community (LiveMint, 2025-04-01). - Small sects may lack resources to manage separate boards, leading to inefficiencies (Frontline, 2025-04-01).	- Optional Boards: Make separate boards optional, allowing Bohra and Agakhani communities to opt for representation within existing boards if they lack resources. - Resource Support: Provide central funding and training for smaller sect boards to ensure effective management, addressing resource concerns.	- Flexible Representation Model: 1. Instead of mandatory separate boards, allow for flexible representation within existing State Waqf Boards, with dedicated committees or sub-boards for Bohra and Agakhani communities. 2. Shared Services and Capacity Building: - Establish shared services and resource centers at the state or regional level to provide administrative, legal, and financial support to all Waqf Boards, including those representing smaller sects. - Invest in capacity building programs for all Waqf Board members, regardless of sect, to enhance their skills and knowledge in Waqf management.	- Hybrid Model for Inclusivity: 1. Instead of full-fledged separate boards, create Waqf Administrative Clusters that cater to multiple sects under a unified regulatory framework. 2. Resource Pooling Mechanism: - Encourage smaller sects to collaborate on shared administrative offices, audit mechanisms, and legal teams. 3. Voluntary Sect-Specific Waqf Governance: - Allow sects to choose between having an independent board or being represented within a multi-sect State Waqf Board, ensuring flexibility based on resources and community preferences.

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