The Waqf Amendment Bill, 2024, introduced in the last session of Lok Sabha on August 8 proposes to make sweeping changes to the Waqf Act of 1995. Aimed at overhauling the management and regulation of Waqf properties, the Bill has drawn lot of controversy, criticism and concerns from Muslim community leaders, activists, legal experts, and Opposition parties. They claim that the Bill poses the risk of misuse and undermines minority rights under Article 25 and 26. However, the government has asserted that the proposed law does not intend to interfere with the functioning of Waqf properties. But Muslim organisations claim that some of the provisions of the Bill are clearly aimed at compromising the religious integrity and autonomy of the Waqf boards, which could result in genuine Waqf properties becoming disputed, disrupting their religious and charitable functions.
The controversy and concerns over the Bill, seen against the backdrop of high-profile land disputes like the Ram temple in Ayodhya and the ongoing legal battles in Mathura and Varanasi, are not entirely misplaced, irrespective of the government’s intended aim. What also serves as a backdrop for the proposed amendments to the Waqf Act are the controversial legislations like the Citizenship Amendment Act and criminalisation of triple talaq, which the minority community has perceived as anti-Muslim legislations. The Muslim community and its religious leaders fear that the proposed Bill could further marginalise the community by altering the framework that governs Waqf properties.
Touted as a major reform by the BJP-led NDA government to the Waqf Act, the Bill proposes registration of Waqf properties through a centralised portal, establishing of a Central Waqf Council alongside the state Waqf boards with representation for Muslim women and non-Muslim representatives and empowering the district collector as primary authority in determining whether a property is classified as Waqf or government land. Apprehensions of Muslim organisations and religious leaders is that through the Bill, the “BJP seeks to end Waqf and Waqf properties”, which will “impact the freedom of religion of Muslims”. Their apprehensions may be genuine, as the sweeping changes proposed indicate that the intent and action are at odds.
For example, if the Bill becomes law, it is feared that it will pave the way for the stripping of state Waqf boards of much of their powers; elections to the boards may be replaced with nominations; and district collectors may be appointed as surveyors of Waqf land. The Bill also gives the government the powers to direct the audit of any Waqf property to the Comptroller and Audit General of India, or a designated officer. The results of these amendments, the community fears, would be to shift the power of governing the Waqf from the Boards and Tribunals, currently largely run by the Muslim community, to state governments. The Bill is also being seen as a disguised measure in the name of reform to control extensive Waqf property.
It is for these reasons that the community and Opposition parties have described the Bill as “unconstitutional”, “anti-minority” and “divisive”. Its timing and content have also led to questions about the true motivation behind it, since assembly elections are due in Jammu and Kashmir and Haryana in September-October, Maharashtra, and Jharkhand later this year and in Delhi early next year. The Bill has legal ramifications and the potential to increase social tensions and localised conflicts stemming from Waqf properties. After a heated debate in parliament, the Bill has been referred to the Joint Parliamentary Committee (JPC), whose report is expected before the winter session in December. Whether the JPC ensures that all concerns are addressed adequately remains to be seen.
Waqfs are unique Islamic charitable endowments made in the name of God for religious, social, charitable, and educational purposes and have an important role in the religious, social, and economic life of the Muslim community. They are non-transferable and perpetually deemed as a charitable act towards God. The concept of Waqf dates to the medieval period, where it played a crucial role in supporting mosques, madrasas, and community services. Waqf properties represent the third-largest landholding in India, only behind the Defence Ministry and Indian Railways. According to reports, there are 8,72,292 registered properties under Waqf, worth about 1.2 lakh crore. These include mosques, dargahs, tombs, graveyards, Eidgahs and imambaras, spread across 8 lakh acres; these properties generate around Rs 200 crore in revenue.
One of the major issues with Waqf has been the broad powers granted to Waqf boards, which have sometimes led to disputes and legal battles. The lack of clear documentation has sometimes exacerbated these disputes. The process of declaring a property as Waqf, particularly under the concept of “Waqf by use” has led to several legal disputes. Waqf boards are constituted through election and the Waqf Act requires states to constitute Tribunals to address disputes over Waqf properties. Under the Act, decisions of the Tribunals are final and appeals against its decisions are prohibited. The High Court can consider matters on its own accord, on an application by the Board, or an aggrieved party. The Waqf Amendment Bill proposes changes to the way the Boards and Tribunals are constituted; it also omits provisions deeming finality to Tribunal’s decision.
Several other changes proposed to the Waqf Act are being seen as a measure to control extensive Waqf property. Moreover, the Bill which seeks to overhaul the structure of an important institution of the Muslim community and changes its working was formulated, according to Muslim organisations, without consultations with the community. Whether the proposed amendments are part of a natural process of evolution of legislation is a contentious question and a cause of sparring between supporters and opponents of the Bill. The government contends that reforms are part of a natural progression to the Waqf Act to implement strict regulatory framework and ensure that Waqf properties are effectively managed and generate sustainable revenue for the community.
However, critics of the Bill and various stakeholders of Waqf argue that the proposed amendments could undermine the very essence of Waqf governance and potentially compromise the autonomy of Waqf institutions. As the debate continues against the broader context of the Bill’s impact on Waqf governance and community rights, the question that arises is whether the Bill genuinely addresses mismanagement and encroachment of Waqf properties or is it merely a means to exert more control over religious assets? We will have to wait and see the outcome of this legislative battle, in the context of anti-minority tenor of the saffron party’s politics and reservations of some of the BJP’s allies about some provisions of the Bill.
The writer is a senior independent Mumbai-based journalist. He tweets at @ali_chougule
