With the introduction of the Waqf (Amendment) Bill in the Indian Parliament, a spotlight has turned to the broad powers held by Waqf Boards in administering Waqf properties across India. Historically, these properties, set aside for religious or charitable use, have been managed by Waqf Boards with minimal legal recourse available to the public for challenging their authority.
Hence, its worth dwelling into the history and implications of the Waqf Act, and examine the proposed reforms in the new Bill, to put things in right perspective of these significant changes that were brought in for Indian citizens, state authorities, and property owners.
The Waqf Act of 1995 established the legal framework governing the administration of Waqf properties in India, with a focus on regulating the powers of the Central Waqf Council, State Waqf Boards, and local administrators known as mutawallis.
These properties include lands or assets designated under Islamic law as irrevocable, meaning they cannot be reclaimed or repurposed once given. Over the years, the Act provided Waqf Boards substantial authority, which was further expanded in 2013 to give Waqf Boards nearly unchecked power with limited oversight. Under the 2013 amendment, Waqf Boards gained the exclusive authority to settle disputes via Waqf Tribunals, effectively bypassing civil courts.
This concentration of power has led to reported instances of Waqf Boards making sweeping claims on properties without documented evidence, causing distress among property owners and creating a backlash in certain regions.
A recent and widely reported example includes the Karnataka Waqf Board’s assertion of ownership over approximately 15,000 acres of farmland, causing shock and anxiety among local farmers who have held the land for generations. In Telangana’s Rangareddy district, the Waqf Board also laid claim to prime properties, stirring concern over property rights. Reports indicate that these claims are particularly prevalent in Congress-led states, where political dynamics sometimes contribute to heightened tensions and increased scrutiny of Waqf Board practices.
Adding fuel to the fire, a statement by a Muslim cleric, or Mullah, recently sparked controversy by claiming that prominent government buildings, including India’s new Parliament complex, are actually Waqf properties. Such assertions, though unsubstantiated, have intensified the call for legislative reform to regulate Waqf Board powers and ensure that individuals and communities have recourse to challenge potentially arbitrary claims.
The Waqf (Amendment) Bill, introduced in the Lok Sabha on October 7, 2024, seeks to address these longstanding issues by reining in the extensive powers of Waqf Boards. If passed, this legislation would bring several important changes, primarily by granting aggrieved parties the right to challenge Waqf Board decisions in civil courts—a right currently denied under the existing law. For property owners and residents, this change offers a crucial legal avenue to protect their rights, countering the previous structure where Waqf Tribunals acted as the sole authority, excluding civil court jurisdiction.
Furthermore, the Bill in my view emphasizes transparency and better administrative practices within Waqf Boards. This includes a clearer process for registering and documenting Waqf properties and adopting technology to digitize records and improve property management. By mandating clearer definitions and procedural guidelines, I one among many feel, the Bill aims to reduce instances of arbitrary claims and make Waqf property management more accountable.
This Bill is introduced in tandem with the Mussalman Wakf (Repeal) Bill, 2024, which seeks to repeal the outdated Mussalman Wakf Act of 1923, a colonial-era law that has long been deemed obsolete. The repeal of this Act aims to create a more unified and contemporary framework for Waqf property management, allowing for consistent administration across states and eliminating legal ambiguities that often lead to disputes.
If enacted, the Waqf (Amendment) Bill would significantly alter the legal landscape of Waqf property administration in India. By reestablishing the jurisdiction of civil courts over Waqf disputes, the Bill could provide critical checks on Waqf Boards’ authority, ensuring that property claims are legally justified and transparent. In BJP-ruled states, Waqf Boards have reportedly been more restrained in staking claims on properties, while in Congress-ruled states, disputed claims on both private and public lands have been more frequent, creating public discontent and legal challenges.
For example, a recent claim by the Tamil Nadu Waqf Board on a parcel of temple land was dismissed by the state’s High Court, which ruled that the site’s history predated the advent of Islam and thus could not be a Waqf property. Such cases underscore the need for reforms allowing impartial judicial review, ensuring historical accuracy, and avoiding claims that could ignite communal tensions.
Moreover, Waqf Boards play a substantial role in India’s real estate landscape. It is estimated that Waqf Boards collectively hold over 8.7 lakh properties, covering approximately 9.4 lakh acres across India, with a combined value exceeding Rs 1.2 lakh crore. These figures make Waqf Boards one of the largest landowners in the country, second only to the Armed Forces and Indian Railways. However, concerns about the accuracy of these holdings persist, as Waqf Boards reportedly possess substantiated documentation for only about 30 percent of these properties. This discrepancy raises questions about the legitimacy of numerous Waqf claims and highlights the need for more rigorous oversight.
To address these issues, I strongly feel the Bill mandates comprehensive documentation and technology-driven record-keeping to validate claims. Such measures are intended to protect rightful property owners from unwarranted evictions or forced land transfers based on Waqf Board assertions without adequate evidence. By requiring thorough records, the Bill seeks to curb potential misuse of Waqf Board authority and reduce the frequency of disputed claims.
The proposed reforms are not without controversy. While the ruling National Democratic Alliance (NDA) has a majority in the Lok Sabha, securing support from regional parties will be essential to passing the Bill in the Rajya Sabha. Opposition parties have voiced concerns, arguing that the amendments could infringe on Waqf Board autonomy and disproportionately affect Muslim communities. However, supporters of the Bill contend that these changes are necessary to prevent the misuse of power and ensure a fair and transparent property dispute process. They argue that the Bill will ultimately strengthen Waqf institutions by enhancing their transparency and accountability, fostering trust between Waqf Boards and the general public.
Beyond legislative dynamics, the Bill also places a new onus on the public to engage in the process of protecting their property rights. As custodians of one of the nation’s largest land assets, Waqf Boards have the responsibility to operate transparently and justly. If passed, these reforms will empower property owners and residents to defend their rights and bring a balance between religious authority and individual property rights.
The proposed Waqf (Amendment) Bill is a significant step toward reforming the management of Waqf properties in India. By granting citizens the right to appeal Waqf Board decisions in civil courts and establishing a transparent framework for property claims, the Bill aims to prevent arbitrary seizures and promote accountability within Waqf Boards. These measures could help restore public trust in Waqf property management, creating a system where both religious endowments and individual property rights are safeguarded.
The Bill’s success could mark the beginning of a more equitable, balanced approach to property rights in India. Whether through parliamentary passage or ordinance, these reforms are essential for upholding both communal harmony and judicial integrity in religious property administration. Moving forward, both the legislative and judicial branches have the responsibility to protect citizens from unwarranted Waqf Board claims and foster a fair environment that respects all communities’ rights.
