In August 2024, the Union government introduced the Waqf (Amendment) Bill, 2024, in the Lok Sabha to replace the existing Waqf Act of 1995. The management of waqf properties and boards has been a topic of concern due to issues such as mismanagement, encroachment, and misappropriation of funds. These challenges highlight the urgent need to reform the existing laws to address these shortcomings effectively. The Waqf Act of 1955 was amended in 2013 to enhance transparency and establish waqf as an effective institution. However, the persistent issues necessitated the introduction of an entirely new bill.
The concept of “Waqf” is an Islamic philanthropic institution which means the dedication/ donation of movable or immovable property to the ownership of Allah. Waqf is permanent, voluntary and irrevocable dedication of such property for religious, charitable and pious purpose. Such purpose includes- maintainence of mosque, durgahs and graveyards, establishment of madarsa, facilitating health care facilities for needy. Muslim law does not specify a particular method for creating a waqf. However, through practice, it is inferred that a waqf can be created by any individual, either orally or in writing (waqfnama), through a will, or by usage. The origin of waqf dates back to the advent of Islam and finds its roots in the actions of Prophet Muhammad, who dedicated a piece of land for charitable purposes. Over time, the institution of waqf has evolved significantly.
The Waqf Board plays a crucial role in India’s landholdings, ranking as the third-largest landowner after the Railways and the Defence Department. It oversees 8.7 lakh properties spanning 9.4 lakh acres across the country, with an estimated value of ₹1.2 lakh crore. Studies suggest that, if managed efficiently and commercially, these properties have the potential to generate substantial revenue, with an estimated minimum annual income of ₹12,000 crore. However, waqf properties and the board frequently make headlines due to issues such as land encroachment, fund embezzlement, property mismanagement, corruption, inadequate documentation, and other challenges. In November 2024, clashes erupted in Etah, Uttar Pradesh, over construction on private land that was believed to be waqf property. In another instance, Rajagopal from Thiruchenthurai Village, Tamil Nadu is unable to sell his share of land because waqf board claimed it as waqf property. The matter is still pending. Whereas, in another case of Banglore, the Eidgah ground was claimed by waqf, even though there is no title transfer regarding the same. In a similar manner, The Gujarat Waqf Board recently claimed ownership of the Surat Municipal Corporation building, asserting it as waqf property due to the absence of proper documentation.
To address the discrepancies and challenges in the waqf management system, the government has taken a significant step by proposing 44 amendments in the Waqf Act 1995 by introducing The Waqf (Amendment) Bill, 2024. The objective of the government is crystal clear from the revised title of the act: Unified Waqf Management, Empowerment, Efficiency, and Development Act, 2024. The bill seeks to enhance the management and functioning of waqf properties and waqf boards, aiming to empower them while ensuring fair opportunities for development and efficient operations. Questions have been raised about the eligibility of person creating waqf. The bill explicitly states that only individuals who have been practicing Islam for at least five years are authorized to create waqf. The bill mandates that waqf can only be created through a written deed (waqfnama), it will ensure proper documentation of waqf properties and will help to prevent disputes. This eliminated the oral declaration of waqf also waqf by usage has been abolished by the bill. According to the existing law, the central waqf council and state waqf boards members are from muslim community only, whereas the bill has deviated from this stance and introduces inclusivity by allowing non-Muslims to be members of the Central Waqf Council and State Waqf Boards. This approach ensures that waqf matters are managed with due expertise and represents a shift from the previous requirement that all members be Muslims. Additionally, the inclusion of Muslim women in these broads has been made mandatory, promoting basic fundamental right of equality. Furthermore, the authority to decide whether a property qualifies as waqf property or government property has been transferred to District Collectors, removing such jurisdiction from Waqf Tribunals. To modernize and simplify the documentation of waqf property it is compulsory to register the waqf property within six months of commencement of this act. Under the Act of 1995, a Survey Commissioner is appointed to conduct preliminary survey of waqf properties. The Bill replaces the Survey Commissioner with the District Collector. Also, Distinct waqf board for Shias, Sunnis, Bohras, and Aga Khanis are proposed to cater to the specific needs of these different sub- communities. To deal with the challenge of misappropriation of funds, bill empowers the central government to order audits of waqf properties, with auditors appointed by the Comptroller and Auditor General (CAG), ensuring greater accountability and sheer vigilance. The bill expands the horizon of judicial remedies, by allowing any individual dissatisfied with a waqf board’s decision to file an appeal directly with the High Court within ninety days.
The bill has faced criticism, with the opposition arguing that it infringes on the fundamental rights of minority communities guaranteed under article 26 of the Indian Constitution. They contend that by introducing this bill, the government contradicts its own ideal of a Uniform Civil Code. Some are of the opinion that, by excluding non-Muslims from creating waqf and permitting their inclusion in roles like members or CEOs of central and state waqf boards is creating ambiguity. The opposition also claims that key stakeholders were not adequately consulted during the drafting process. They argue that the mandatory inclusion of women is merely a reiteration of provisions already present in the previous law. Additionally, transferring the authority of the survey commissioner to the district magistrate is seen as a problematic move, potentially overburdening the magistrates with excessive responsibilities.
The bill represents a significant step forward in strengthening the administration and oversight of waqf properties in India. By introducing measures to enhance governance and ensure transparency, the amendment addresses long-standing issues such as mismanagement and lack of accountability within waqf boards. This improved governance structure aims to empower waqf boards, enabling them to function more effectively and ensure that the benefits of waqf properties reach the communities they are intended to serve. Furthermore, the amendment focuses on optimizing the utilization of waqf assets, encouraging their development for social and economic purposes. This approach not only helps preserve the integrity of these properties but also positions them as valuable resources for community welfare, education, healthcare, and economic empowerment. By fostering accountability and creating mechanisms for judicial redress, the bill aims to build greater trust among stakeholders, including waqf beneficiaries and the wider public. Ultimately, this legislative reform has the potential to strengthen community engagement and contribute to India’s broader goals of social justice and inclusive development.
Leave a Reply