Despite the Waqf Act of 1995 becoming applicable to Jammu & Kashmir in 2019, the Union Territory government has neither framed rules under the law nor constituted tribunals under it. This disclosure was made by the Ministry of Minority Affairs (MoMA) before the Joint Parliamentary Committee on the Waqf (Amendment) Bill-2024.
According to the report of the JPC, which was tabled in the Parliament on Thursday and accessed by the news agency—Kashmir News Observer (KNO), Jammu & Kashmir is yet to frame rules under the existing Waqf Act, which became applicable to J&K from October 31, 2019.
“…..07 States/UTs are yet to make rules (namely Dadra & Nagar Haveli (UT), Delhi (UT), Jammu & Kashmir, Jharkhand, Lakshadweep (UT), Madhya Pradesh, and Uttar Pradesh),” reads the report.
The report also reveals that Jammu & Kashmir has not constituted Waqf Tribunals for resolving disputes related to Waqf properties. “The primary purpose of the Tribunal is to resolve disputes related to Waqf properties and administration. The parties need not be Muslims alone. As per information received from the States/UTs Waqf Boards (as on 9th Sept. 2024), 25 States/UTs have constituted Waqf Tribunals while 3 States/UTs (Andaman & Nicobar Islands, Jammu & Kashmir, and Manipur) have not constituted Tribunals,” the report states.
The Central Waqf Act became applicable to J&K UT after two state laws governing the management of Waqf properties were abolished by the Parliament. The Jammu & Kashmir Wakf Act-2001 and The Jammu and Kashmir Muslim Specified Wakfs and Specified Wakaf Properties (Management and Regulation) Act 2004 governed the management of Muslim Shrines and properties in the erstwhile state of J&K—(KNO)
