The government plans to introduce a bill to amend the Waqf Act, of 1995, aiming to curb the unchecked powers of Waqf Boards, which were further expanded by a 2013 amendment. This move seeks to bring transparency and accountability to the regulation and monitoring of over 8.7 lakh properties under the control of state boards across the country, thereby addressing corruption.
Understanding Waqf and Its Assets
Waqf refers to properties dedicated exclusively to religious or charitable purposes under Islamic law. Once designated as Waqf, ownership is transferred from the person making the Waqf (waqif) to Allah, making it irrevocable. These properties are managed by a mutawwali, appointed by the waqif or a competent authority. Waqf boards oversee 8.7 lakh properties spanning 9.4 lakh acres across India, with an estimated value of Rs 1.2 lakh crore. There are 32 Waqf boards, including two Shia Waqf boards in Uttar Pradesh and Bihar.
Evolution of Waqf and Its Laws
The concept of Waqf in India dates back to the Delhi Sultanate, with early examples including Sultan Muizuddin Sam Ghaor’s (Muhammad Ghori) dedication of villages to the Jama Masjid of Multan. The Mussalman Waqf Act, of 1923, marked the first regulatory attempt. Post-independence, the Waqf Act was passed in 1954 and replaced by a new Waqf Act in 1995, granting more power to Waqf boards. However, this power increase has been accompanied by numerous complaints of encroachment and illegal lease and sale of Waqf properties. The 2013 amendment is particularly controversial for conferring unlimited powers on Waqf boards, making the sale of Waqf properties impossible.
Proposed Changes to Curb Waqf Board Powers
The bill proposes to repeal Section 40 of the Waqf Act, 1995, which grants Waqf boards the power to decide if a property is Waqf property. There have been numerous complaints of misuse of this power for property grabs with the help of corrupt Waqf bureaucracy. The bill seeks to transfer this power to the collector. Notably, even countries following Muslim law do not have a Waqf body with such extensive powers.
Redefining Waqf and Addressing Complaints
The definition of Waqf was significantly changed in 2013, allowing property dedication to Waqf boards by any person, not just Muslims. This has led to a surge in property dedications and subsequent disputes. The Waqf bureaucracy has faced criticism for inefficiency, leading to issues like encroachment, mismanagement, and ownership disputes. There are currently 40,951 cases pending in Waqf tribunals, which lack judicial oversight. The proposed bill aims to address these issues by enhancing judicial oversight and representation of minority Muslim sects.
Recommendations and Broader Goals of the Amendments
The Sachar Committee’s 2006 report recommended efficient Waqf management, inclusion of non-Muslim expertise, and financial audits. The joint parliamentary committee’s 2008 report suggested revamping Waqf boards, appointing a senior officer as CEO, and introducing stringent measures against unauthorized property alienation and corruption. The broader goal of the amendments is to modernize Waqf property management, protect women’s rights, ensure fair representation, reduce litigation, and provide judicial oversight on tribunal decisions.
Response from Muslim Organizations
The All India Muslim Personal Law Board has criticized the bill, calling it an interference with personal laws and threatening a mass movement. Conversely, the All India Sufi Sajjadanashin Council, representing Sufi shrines, has welcomed the proposal, alleging that Waqf boards operate in a “dictatorial” manner.
The proposed amendments to the Waqf Act aim to introduce much-needed transparency, accountability, and modernization in the management of Waqf properties. By addressing corruption and inefficiency, the government hopes to protect rights, reduce disputes, and ensure fair representation across the board.
